Publications

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  • Identifying, Investigating and Resolving Fraudulent Insurance Claims – Webinar Recording

    Cox & Palmer, Stein Monast, SVR Lawyers, Alberta, New Brunswick, Quebec, September 22, 2021 –Fraudulent claims are a persistent problem for the insurance industry. Since the start of the pandemic, there has been a noticeable rise in insurance fraud. How should claims handlers and adjusters deal with claims they suspect might be fraudulent, while still maintaining their duty of good faith? In this webinar recording, Hélène Beaulieu Q.C. of...
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  • Corner Brook (City) v Bailey: Insurers and Defence Counsel Breathe a Sigh of Release

    Cox & Palmer, Newfoundland & Labrador, August 23, 2021 –On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v Bailey, 2021 SCC 29. The Court allowed the appeal and reinstated the stay of the third party claim. Background Bailey suffered injuries when she struck pedestrian worker, Temple, and Temple’s employer’s vehicle. Bailey sued Temple’s employer (the City...
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  • Concurrent Causes: the Confluence of Covered and Excluded Perils

    Kelly Santini LLP, Ontario, August 23, 2021 –Whether there is coverage for a loss depends on its cause: did the roof collapse because of snow or wind? Was the plaintiff injured because of the insured’s negligent driving or because of some other act? Insurers issue policies that set out the type of risk they are willing to insure, and exclude those perils...
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  • Confidentiality Clauses: The “Pinky Promise” With a Backbone

    McKercher LLP, Saskatchewan, July 26, 2021 –Childhood was simple. You trusted your best friend with confidential information simply by swearing a “pinky promise”. In settlements, a “pinky promise” will rarely do the trick. Instead, a confidentiality clause is a more appropriate tool to stop the parties from sharing confidential information regarding a settlement. But what happens when a confidentiality clause is...
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