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  • New personal injury assessment from Supreme Court of Newfoundland

    Cox & Palmer, Newfoundland & Labrador, February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...
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  • Prior administrative proceeding not a “Claim” for the purpose of a “Claims Made” policy

    Cox & Palmer, Nova Scotia, February 24, 2014 – – Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. Travelers denied that it was obligated to respond under the insurance policy on the basis...
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  • Court of Appeal reinforces Smith v. Stubbert range for soft tissue injuries; asserts current upper limit of $58,500

    Cox & Palmer, Nova Scotia, February 24, 2014 – – Hayward v. Young, 2013 NSCA 64. Hayward was injured in a car accident in 2003. The defendant, Young, admitted liability, and the trial was confined to an assessment of damages. Hayward claimed damages exceeding $1 million and argued that he’d sustained both soft tissue and brain injuries. Following a nine-day trial, Justice Robertson found...
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  • Brokers beware: breach of duty to inquire may result in significant liability

    Cox & Palmer, Nova Scotia, February 24, 2014 – – Keizer v. Portage LaPrairie Mutual Insurance Co., 2013 NSSC 118. Keizer was a carpenter by trade. In 2008, he decided to begin doing carpentry and furniture repair work in a woodworking shop he set up in his garage, which was heated by a wood stove. He informed his insurance broker, Founders, of these intentions....
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