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Donati Maisonneuve, Quebec, April 19, 2017 – Sabean v. Portage La Prairie Mutual insurance Co., 2017 SCC 7 Sabean was awarded $465,400 for injuries suffered in an automobile accident. However, only $382,000 was recovered from the at-fault driver’s insurer. As a result, Sabean claimed $83,400 from his own insurer, Portage La Prairie Mutual Insurance Company (“Portage”), under a rider offering supplemental protection....
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Donati Maisonneuve, Quebec, April 19, 2017 – Avon v. SSQ, société d’assurance-vie inc., 2016 QCCQ 13067 Pierre Avon (“Avon”) purchased a pair of tickets for a cruise that was set to sail out of Fort Lauderdale. When the aircraft operated by Allegiant Air experienced mechanical problems, his flight was delayed by around 18 hours, and he reached Fort Lauderdale too late. Avon...
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Cox & Palmer, New Brunswick, April 19, 2017 – Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance? Such was the novel issue considered by the New Brunswick Court of Queen’s Bench in L’Évêque Catholique Romain de Bathurst v. Aviva Insurance Company of Canada and Co-Operators General Insurance Company (intervenor), 2016 NBQB 174. Read More
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Cox & Palmer, Newfoundland & Labrador, April 19, 2017 – Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More