Insurers with a “Direct Interest” may Join the Party
The BC Supreme Court’s recent decision in MacPherson v White, 2016 BCSC 1151 establishes that an insurer can successfully apply to be added as a ... Continued
Weeding out when a Homeowner Insured may be Entitled to Coverage
The recent case of Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422 demonstrates that a homeowner can have insurance coverage ... Continued
Punitive Damage Award of $350,000 Made Against ICBC for Malicious Prosecution
In a recent BCSC decision ICBC was found guilty of malicious prosecution after ICBC wrongfully accused a new immigrant of making fraudulent insurance claims. The ... Continued
Nothing but the kitchen sink: tort immunity and covenants to insure
In its recent decision in William Osler Health Centre v. Compass Construction et al., 2015 ONSC 3959, the Ontario Superior Court of Justice considered the ... Continued
The Pollution Exclusion – Focus On Causation
In its recent ruling in Precision Plating Ltd v Axa Pacific Insurance Co. (“Precision Plating“), the BC Court of Appeal considered when a pollution exclusion ... Continued
Judicial Review: Umpire’s Decision Upheld
In the recent judgment of Vandale v. Wawanesa Mutual Insurance, the British Columbia Supreme Court was asked to judicially review the decision of an umpire, ... Continued
Negligent Acts During Policy Period but Resultant Damage After: When did the “Accident” Occur?
In a judgment released in May 2015 in Canadian Northern Shield Insurance Company v. Intact Insurance Company, the BC Supreme Court decided whether an insurer had ... Continued
Alberta Court of Appeal Explores Boundary Between Faulty Workmanship and Resulting Damage
In the recent case of Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, the Alberta Court of Appeal was asked to decide whether a construction ... Continued
Defendant Home Warranty Insurer Need Not Pay Claim Before Issuing Third Party Notice Against Those Responsible for Damage
A recent BC Supreme Court decision in The Owners, Strata Plan 4249 v. Travelers Insurance Company of Canada confirms that an insurer defending itself in ... Continued
Ontario Court says: Faulty workmanship exclusion is not exclusion at all
In PCL Constructors Canada Inc. and Flynn Canada Ltd. v. Allianz Global Risks US Insurance Company et. al. 2014 ONSC 7480, the Ontario Superior Court ... Continued
Ontario Court Addresses Rarely Considered E&O Exclusion
In its recent decision in Hollowcore v. Visocchi, the Ontario Superior Court of Justice analyzed a rarely considered exclusion typically found in the errors and ... Continued
A Note about Notice under the Insurance Act
We have previously written about the “new” BC Insurance Act and Insurance Regulation (the “BC Insurance Act“) which came into force on July 1, 2012 ... Continued