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CBM LLP, Alberta, March 18, 2018 – This matter arises from a rear-end collision on May 30, 2014. The Plaintiff’s property claim was settled by the Defendant’s insurer and her personal injury claim was filed April 21, 2016.The claim was not served within one year of filing and there was no order to extend service prior to its expiry. The Plaintiff applied...
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Articles
Clear and Unambiguous Language can lead to Denial of Coverage Under 30-Day Vacancy Exclusion
CBM LLP, Alberta, December 08, 2017 – Taylor v Co-operators General Insurance Company, 2017 ABQB 705 Case Facts This matter arose from a fire that occurred on August 22, 2015. The property was a rental home and was occupied from August 2011, until July 13, 2015 (the “House”). After the tenants moved out, the Respondent began renovating the House. On July 22, 2015,... -
CBM LLP, Alberta, October 19, 2017 – The Appellant, Andrew Sabean, was injured in a motor vehicle accident in 2004. In May 2013, a jury awarded Mr. Sabean damages for his injuries in the amount of $465,400.00. The amount he received from the Tortfeasor’s Insurer was about $382,000.00, leaving a shortfall of more than $83,000.00. Mr. Sabean subsequently claimed under the excess...
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Articles
Implied consent and a waiver of liability does not guarantee a successful Summary Dismissal
CBM LLP, Alberta, October 19, 2017 – Mr. Birss (the “Plaintiff”) was a taekwondo member with the Tien Lung Taekwon-Do Club and Authentic South Side Taekwon-Do Club (the “Defendant Clubs”). The agreement between the Plaintiff and Defendant Clubs contained a waiver of liability covering negligence, gross negligence, breach of contract, and breach of any statutory duty or other duty (the “Waiver”). Read...