Mondaq Canada: Insurance
Borden Ladner Gervais LLP
On November 24, 2014, the Alberta Court of Appeal released its decision in Shannon v 1610635 Alberta Inc, 2014 ABCA 393 ["Shannon"]. The decision sets out the legal test to be met in an application for an advance payment pursuant to the Insurance Act.
Field LLP
Diminished value claims are based on the notion that a vehicle that has been in an accident is not worth as much as a similar vehicle that has not been involved in an accident.
Lerners
A recent decision released by the Financial Services Commission of Ontario (FSCO) on December 5, 2014 appears to restrict an Insurer’s ability to investigate and adjust a file if issues arise with respect to an Applicant’s claim for a specified benefit following the initial 10 day period after receipt of the Application for Benefits (OCF-1) and Disability Certificate (OCF-3).
Lerners
The Court recently considered the meaning of "other material evidence" under the Family Protection Coverage - OPCF 44R, ("OPCF 44R").
Norton Rose Fulbright Canada LLP
Quebec’s Superior Court recently ordered a broker and his insurance firm to pay damages for negligence by the broker when renewing insurance for a building.
Borden Ladner Gervais LLP
A bill that will repeal the Saskatchewan Insurance Act and replace it with modernized insurance legislation has received second reading in the Saskatchewan legislature.
Norton Rose Fulbright Canada LLP
Le 14 novembre dernier, la Cour supérieure a condamné un courtier et son cabinet de courtage d’assurance à des dommages pour les fautes commises par le courtier à l’occasion du renouvellement de la police d’assurance d’un immeuble.
Cassels Brock
Heading into the new year, the need to streamline and harmonize insurance regulation across Canada continues to be an industry priority.
Borden Ladner Gervais LLP
On January 1, 2015, new legislation related to the calculation of prejudgment interest for non-pecuniary losses in actions arising from the use or operation of an automobile came into effect.
Lerners
Facebook pages should not be immune from the rules governing discovery. They should be treated like personal journals or diaries.
Miller Thomson LLP
Service providers can potentially provide attendant care from across the planet, according to a new Superior Court decision in Shawnoo v. Certas Direct Insurance Company.
Alexander Holburn Beaudin + Lang LLP
What is the role of road rage when assessing motor vehicle liability?
Borden Ladner Gervais LLP
In Fordham v. Dutton-Dunwich, the Court of Appeal reiterated that municipalities are only obliged to maintain roadways so that ordinary drivers can travel on them safely.
Stewart McKelvey
Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and "rolling" limitation periods.
Lerners
The Divisional Court, in Cotnam v The National Capital Commission, ([2014] ONSC 3614), considered the applicability of the rebuttable presumption contained in section 4 of the Occupiers' Liability Act.
Norton Rose Fulbright Canada LLP
On November 3, 2014, the Quebec Court of Appeal handed down a decision in one of the many cases to come before the Quebec courts stemming from the Cinar debacle.
McLennan Ross LLP
In a recent email alert we considered the issue of advance payments under the Fair Practice Regulation and the Insurance Act.
Clyde & Co
A Canadian first on the law of waivers was decided on a successful motion for summary judgment by the defendants, a London Market Syndicate.
Lerners
In Linamar Transportation Ltd. v. Johnson ( 2014 ONSC 4415), the Ontario Superior Court and Divisional Court were called upon to consider the meaning of "best-efforts" in the context of the obligation to answer undertakings given on examination for discovery.
Norton Rose Fulbright Canada LLP
Under Article 2474 of the Civil Code of Québec (CCQ), insurers are prohibited from taking subrogatory action against members of an insured’s household.
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Lerners
Facebook pages should not be immune from the rules governing discovery. They should be treated like personal journals or diaries.
Borden Ladner Gervais LLP
On January 1, 2015, new legislation related to the calculation of prejudgment interest for non-pecuniary losses in actions arising from the use or operation of an automobile came into effect.
Blaney McMurtry LLP
It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system.
McLennan Ross LLP
Automobile insurance is mandatory in Alberta, so if you drive, you likely have an automobile insurance policy, but have you read it?
Borden Ladner Gervais LLP
In Fordham v. Dutton-Dunwich, the Court of Appeal reiterated that municipalities are only obliged to maintain roadways so that ordinary drivers can travel on them safely.
Miller Thomson LLP
Service providers can potentially provide attendant care from across the planet, according to a new Superior Court decision in Shawnoo v. Certas Direct Insurance Company.
Borden Ladner Gervais LLP
A bill that will repeal the Saskatchewan Insurance Act and replace it with modernized insurance legislation has received second reading in the Saskatchewan legislature.
Norton Rose Fulbright Canada LLP
Quebec’s Superior Court recently ordered a broker and his insurance firm to pay damages for negligence by the broker when renewing insurance for a building.
Borden Ladner Gervais LLP
2014 was another year of considerable regulatory change for Canadian financial institutions.
Blaney McMurtry LLP
Not many civil cases were released this week, so the list is short. This week's topics include bankruptcy, priority, construction, and insurance.
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