Mould Claims in Canada: Property and Liability Insuance Issues
Published February 2003 Updated 2007 In summer 2001 a Texas District Court awarded $32 million to a homeowner who sued their insurance company for the ... Continued
Directors and Officers Liability in Canada: A Review of Exposures and Coverages Available Under D&O Policies
Published June 2008 Historically, the main responsibility of directors and officers of Canadian companies was to act in the best interests of their company. Accordingly, ... Continued
Appraisals Under B.C.’s Insurance Act: Practice and Procedure
Published September 2008 *An earlier version of this paper was prepared by another Clark Wilson lawyer, Robert J. Lesperance. In 1994, British Columbia’s Insurance Act ... Continued
Juggling Ethics: Joint Retainers and the Professional Obligations of Insurance Defence Counsel
Published June 2009 Much legal literature has addressed the liability insurer’s “duty” to defend law suits against their insureds. The material tends to focus on ... Continued
Uneasy Alliances: The Relationship Between Primary and Excess Auto Insurers in B.C.
Updated January 2010 For the past almost 40 years, primary auto insurance in British Columbia has been provided through a form of universal statutory coverage. ... Continued
Errors & Omissions Insurance: An Update on Legal Issues
The prudent professional would be well-advised to secure professional liability insurance as the risks and potential liability associated with the practice of professions continue to ... Continued
Motor Vehicle Accident Claims in British Columbia: A Manual for Out-Of-Province Claims Examiners
Revised March 2009 As more people throughout North America choose British Columbia as a place to vacation, conduct business and take up residence, accidents involving ... Continued
Last Lines of Defence
Published April 2009 In the January issue of the Advocate, Mr. Justice Goepel and I discussed apportionment of damages between multiple tortfeasors. The purpose of ... Continued
Songs of Innocence: Broker’s Liability to an Innocent Co-Insured
In November 2007 Richard Beck killed his estranged wife, Karen Beck, and set fire to the family home where he had been residing alone since ... Continued
Are You Insured? Owners, Tenants and Occupants may not be … depending on the policy wording
Some owners, tenants and occupants do not take out personal liability insurance. One reason for that decision may be the belief that they are covered ... Continued
Chain Gang or Chain of Causation: Do injuries sustained in a purse snatching arise out of the ‘use and operation of a motor vehicle’?
This is the question the Court of Appeal addressed in the recent decision of Hannah v. I.C.B.C. 2010 BCCA 141 (“Hannah”). In Hannah, the Plaintiff ... Continued
Let’s give them something to talk about: Government solicits input on the proposed Regulations under BC’s new Insurance Act
Lost amidst the hoopla(w) of Olympic fever the Ministry of Finance released the Insurance Act Regulations Discussion Paper seeking industry comment and input on the ... Continued