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
Clark Wilson’s Insurance Group to present at P&C Insurance Seminar
Nigel Kent, Valerie Dixon, Jennifer Loeb and Raman Johal from Clark Wilson’s Insurance Group will be presenting at an Insurance Institute of BC seminar. The ... Continued
BC’s New Insurance Act: Making the Transition to the New World Order
Updated November 2012 In 2003, a lawyer’s negligence case involving a missed limitation period resulted in a Supreme Court of Canada decision declaring that BC’s ... Continued
National insurance publication quotes Valerie Dixon article on tort immunity
Valerie Dixon’s article, “Covenants to Insure“, is quoted extensively in the January 30, 2012 issue of Thompson’s World Insurance. The article, “Tort immunity can be ... 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
A Commentary on the Auto Insurance System in BC
Nigel Kent, the head of Clark Wilson’s Insurance Practice Group, was asked to be the keynote speaker at the “Ontario Auto Insurance Conference” hosted by ... 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
The Art and Science of Policy Interpretation: A Review of Supreme Court of Canada Decisions in the Past 30 Years
Over the past 30 years, the Supreme Court of Canada has interpreted numerous types of insurance policies, with varying subject matters from construction defects to ... Continued
Excluding Exclusions: The Role of Reasonableness in the Interpretation of Insurance Policies
By Nigel Kent Published 2011 Over the past 25 years, the doctrine of reasonable expectation of the parties regarding the interpretation of insurance provisions has ... Continued