• Good Strategies for Bad Faith and Moral Damages Claims – Webinar Recording

    Blaney McMurtry LLP, Cox & Palmer, McKercher LLP, Newfoundland & Labrador, Ontario, Saskatchewan, October 20, 2022 –RMC – Bad Faith and Moral Damages Claims Hand-Out Recorded October 19, 2022 Accusations of Bad Faith can arise in many different types of insurance claims. Sometimes, insurance claims handlers and adjusters can find themselves dealing with claims for punitive damages or moral damages made against themselves or their insured. In this webinar, insurance lawyers...
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  • Voluntary Payment Clauses and Pre-Tender Expenses

    Fillmore Riley LLP, Saskatchewan, September 27, 2022 –Readers of this newsletter may be aware that liability insurance policies commonly impose, by written condition, obligations on the insured to given timely notice of a claim, to cooperate with the insurer’s defence of a claim and, by way of ‘voluntary payment clause’, provide that any expense the insured may incur without the consent of...
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  • The Applicability of the Absolute Pollution Exclusion Clause in Canada

    CBM LLP, Alberta, August 29, 2022 –The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the...
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  • Waivers and Assumption of Risk No Defence to Fatal Accidents Act Claims in PEI

    Cox & Palmer, Prince Edward Island, July 14, 2022 –The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the...
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