Publications

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  • Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full

    Cox & Palmer, New Brunswick, March 27, 2023 – Click below to download a PFD of the article. Prove it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must be Met in Full In the New Brunswick Court of Appeal’s seminal case of Vincent v Abu-Bakare, 2003 NBCA 42, Chief Justice Drapeau, as he then...
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  • Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

    Cox & Palmer, New Brunswick, January 26, 2023 – After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva. The plaintiff received these benefits for 104 weeks. She was subsequently cleared to return to work and did so for the following 13 months, before she...
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  • Facing Future Care, Capacity and Earning Claims – Webinar Recording

    CBM LLP, Cox & Palmer, Kelly Santini LLP, Alberta, New Brunswick, Ontario, November 16, 2022 – Disagreements over future earnings, future capacity and future cost of case can be major stumbling blocks when trying to settle a claim. In the webinar for insurance claims handlers and adjusters, RMC lawyers from New Brunswick, Ontario and Alberta discuss the principles used to assess these claims, recent trends in awards from the courts and...
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  • 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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