Canadian Insurance Law Blog
The Canadian Insurance Law Blog is published by Michael G. Thomas, a partner with Harper Grey LLP and covers the latest insurance cases and news from Canada.
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Recent Articles
Insurance companies tend to evaluate the value of claims better than plaintiff's counsel.
Eighty to 92 percent of all cases settle before trial. A recent study by Kiser, “… An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations”, Journal of Empirical Legal Studies, Volume 5, Issue 3, 551?591, September 2008, compares...
Insurance companies and their lawyers tend to evaluate the value of claims better than plaintiffs' counsel.
Eighty to 92 percent of all cases settle before trial. A recent study by Kiser, “… An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations”, Journal of Empirical Legal Studies, Volume 5, Issue 3, 551?591, September 2008, compares...
A plaintiff who suffers damage due to impecuniosity cannot recover the loss.
Damage that results from a plaintiff's own impecuniosity are not recoverable at law. Roopam Fashions v. Greenwood General Insurance Agency Inc. 2008 BCPC 254 British Columbia Provincial Court D.G. Sanderson J.P August 8, 2008 The Claimant operated a clothing store that had three laminated glass...
Past settlements must be deducted from tort awards
The recent British Columbia Court of Appeal decision of Ashcroft v. Dhaliwal 2008 BCCA 352 September 16, 2008, clarifies that past settlements will be deducted from judgements. The settlement has to be to compensate the plaintiff for a tortious act, and the injury must be related to the...
Past settlements must be deducted from tort awards
The recent British Columbia Court of Appeal decision of Ashcroft v. Dhaliwal 2008 BCCA 352 September 16, 2008, clarifies that past settlements will be deducted from judgements. The settlement has to be to compensate the plaintiff for a tortious act, and the injury must be related to the...
An insurer who intends to exclude coverage on the basis of arson must be able to prove arson with clear and cogent evidence.
An insurer who intends to exclude coverage for fire liability on the basis that the fire was intentionally set must be able to prove the elements of arson with clear and cogent evidence. Lancer Enterprises Ltd. v. Saskatchewan Government Insurance (c.o.b. SGI Canada) 2008 SKQB 346 Saskatchewan...
An insured has an ongoing obligation to advise his insurer of relevant information upon the renewal of the policy.
A renewed insurance policy is a new policy for the purpose of determining the policy’s inception date. An insured has an obligation to advise his insurer of relevant information upon the inception or renewal of the policy. South Stormont (Township) v. Frank Cowan Co. [2008] O.J. No....
The determination of whether an insured is a member of a household is heaveily influenced by financial dependency.
An arbitrator's decision holding that an injured victim in an automobile accident should receive statutory benefits from his stepfather's insurer was upheld on the basis that the victim was principally dependent upon the stepfather for financial support. Gore Mutual Insurance Company v....
An exclusion clause in an insurance policy is only valid if it is unambiguous.
An ambiguous term in a critical illness policy exclusion clause should be construed against the party who drafted the clause. Duke v. Clarica Life Insurance Co. 2008 ABCA 301 Alberta Court of Appeal C.M. Conrad and P.W.L. Martin JJ.A. and A.G. Park J. (ad hoc) September 16, 2008 The Appellant...
An exclusion in an insurance policy may not be valid if it is unclear.
An ambiguous term in a critical illness policy exclusion clause should be construed against the party who drafted the clause. Duke v. Clarica Life Insurance Co. 2008 ABCA 301 Alberta Court of Appeal C.M. Conrad and P.W.L. Martin JJ.A. and A.G. Park J. (ad hoc) September 16, 2008 The Appellant...
