Reminder, Change is Afoot: Changes to Limitation Periods under the Insurance Act
Everyone is aware of the significant changes in BC’s (and Alberta’s) newly amended Insurance Act which came into force on July 1st of this year ... Continued
BC Court of Appeal narrows the test for coverage under an Additional Insured endorsement
On June 29, 2012, the BC Court of Appeal issued judgment in Vernon Vipers Hockey Club v. Canadian Recreation Excellence (Vernon) Corporation, 2012 BCCA 291 ... Continued
Reminder: New Insurance Act comes into force July 1, 2012!
We know that you are probably weary of this news already and promise that this will be the last time we bother you with it. ... Continued
Coverage for Construction Deficiencies: BCSC Examines the ‘Particular Part’ in the CGL Work Exclusion
In an April, 2012 ruling in Lombard General Insurance v. Canadian Surety Company, the British Columbia Supreme Court (“BCSC”) analyzed and applied the “particular part” ... Continued
New Limitation Act for British Columbia
British Columbia has introduced Bill 34 to replace the existing Limitation Act and streamline it with limitation periods in other provinces. It is not clear ... Continued
Pre-Trial ‘Time on Risk’ Allocation of CGL Defence Costs Denied
It is the occurrence of damage, and not the initial precipitating event of negligence, which triggers coverage under occurrence-based CGL policies. In cases of progressive ... Continued
Covenants to Insure
Two cases, the first out of the BC Court of Appeal and the second from the Alberta Court of Appeal, provide a useful refresher on ... Continued
Santa’s Clauses… Insurance Act Amendments effective July 1, 2012
(to the tune of “Jingle Bells” with apologies) Dashing is a kind of overstatement, Lagging far behind here comes the Government, With changes to the ... Continued
Malicious Defamation and the Duty to Defend ‘Mixed’ Claims
The recent BCMA v. Aviva Insurance case is not only interesting on its facts, but provides educational summaries of important principles on such matters as, ... Continued
BC Court of Appeal Fails to Clarify Scope of PAU
On October 27, 2011, the BC Court of Appeal released reasons in the case of Moldovan v. Republic Western Insurance Company, the latest chapter in ... Continued
Where There’s Smoke, There May Not Be Fire: The Importance of Investigation and Communication by Insurers
A recent B.C. Supreme Court decision again highlights the need for insurers to undertake effective and fair investigations before denying a claim for coverage and ... Continued
New Innocent Co-Insured Provision of BC’s Insurance Act Now in Force
In our article “A Brave New World” we took you through the history of the Insurance Amendment Act, 2009 (the “Act”) and the expected changes ... Continued