In Swiss Reinsurance Company v. Camarin Limited,
the British Columbia Court of Appeal clarified the test for proving
liability under a reinsurance contract absent a follow the
settlements clause. Where such a clause does not exist, the cedant
faces a stricter test to recover from its reinsurer. In order for
the cedant to recover from its reinsurer under the reinsurance
policy, the Court held that the cedant had to prove that it's
insured "would have" been liable in the underlying
proceeding for damages covered by the underlying policy.
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19 Jan 2017, Speaking Engagement, New Orleans, United States
Our Partner, Chris McKibbin, will be speaking at the ABA Fidelity and Surety Law Committee's Midwinter Meeting in New Orleans, Louisiana on January 19, 2017. This year’s Fidelity Program, Master Class: Enhancing The Fidelity Bond Professional’s Toolbox, acts as a “prequel” to the 2016 Midwinter Meeting’s presentation on the mediation of a fidelity claim.
The 2017 program takes last year’s fact pattern right back to claim inception, with the claims professionals and lawyers on the faculty taking the audience through the handling of the notable milestones in the claim-handling process, from claim inception through to competing summary judgment motions, which will be presided over by the Honorable Jane Triche Milazzo of the United States District Court for the Eastern District of Louisiana.
After a very well-received presentation in 2015, Bob was invited back to co-present with David Robbins and Robert Janes on the topic of Aboriginal Title and the “Land Question”: Understanding the Tsilhquot’in Case and its Implications for Canada, Provinces and Aboriginal Groups.
In an October 3, 2016 preliminary issue hearing Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement Benefits and Non Earner Benefits.
On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate and changed the correctness standard of review for appeals from private arbitrations to one of reasonableness.
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