Mondaq Canada: Insurance
Clark Wilson LLP
The insureds, Norman and Hazel Sibson, were sued for property damage, bodily injury and death resulting from a landslide originating from a lot (the "Property") they formerly owned and occupied.
Torkin Manes LLP
Malfara v. Vukojevic, a 2015 decision of the Ontario Superior Court encapsulates the factors required for the Plaintiff to meet threshold in a motor vehicle accident case.
Alexander Holburn Beaudin + Lang LLP
In 2005, unusually heavy rainfall caused a landslide in North Vancouver. The landslide originated from a property situated at the top of an escarpment and caused substantial damage to the property situated below the escarpment.
Miller Thomson LLP
On June 18, 2015, the Digital Privacy Act received Royal Assent and is now law in Canada. The Act amends PIPEDA in a number of ways, but there are three major changes that insurers need to know about...
Gowling Lafleur Henderson LLP
The issue was whether the common words "accident" and "occurrence" in the Intact policy required that some resulting damage occur during the policy period for a duty to defend to be triggered.
Blaney McMurtry LLP
In First National Bank of Northern California v. St. Paul Mercury Insurance Company, the Ninth Circuit Court of Appeals analyzed certain requirements for Telefacsimile and Voice Instruction Transactions...
Miller Thomson LLP
The recent FSCO Arbitration decision of Yeboah and Economical Mutual Insurance Company (FSCO File No. A11-003130, May 21, 2015) gives hope to insurers, and counsel for insurers, with respect to costs (referred to as "expenses" at FSCO).
McLennan Ross LLP
The recent Alberta Provincial Court decision of Industrial Alliance Insurance and Financial Services Inc. v Sheret will be of interest to those considering a claim for punitive damages despite prior successful criminal sanctions against a defendant.
Stewart McKelvey
In an important case for insurance practice in Nova Scotia, the Court of Appeal has confirmed that the value of future CPP disability benefits is deductible under the SEF 44 family protection endorsement.
Miller Thomson LLP
Insurance litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett.
Miller Thomson LLP
Heffernan was involved in a boating accident while his blood alcohol level was well above the legal limit. Heffernan was killed in the accident and his passenger sued his estate.
Alexander Holburn Beaudin + Lang LLP
In Lloyd's Underwriters v. Blue Mountain Log Sales Ltd., 2015 BCSC 630, the British Columbia Supreme Court considered whether an insurer was obligated to pay for pre-tender defence costs.
Torkin Manes LLP
In Iannarella v Corbett, 2015 ONCA 110, the Court of Appeal set aside the judgment that had been obtained at the Trial level and substituted a finding of liability against the Respondents/ Defendants.
McCarthy Tétrault LLP
On April 16, 2015, the Cybersecurity Task Force of the U.S. National Association of Insurance Commissioners ("NAIC") adopted 12 "Principles for Effective Cybersecurity Insurance Regulatory Guidance" (the "Principles").
Clark Wilson LLP
Station Lands Ltd. ("Station Lands") retained Ledcor Construction Ltd. ("Ledcor") as construction manager and a number of other trades for the construction of the EPCOR Tower in Edmonton.
Gowling Lafleur Henderson LLP
The Ontario Superior Court of Justice recently allowed a motion for summary judgment against an insurance brokerage and the individual broker for failing to meet their duty of care to arrange adequate insurance coverage.
Gowling Lafleur Henderson LLP
A new Limitation Act came into force in British Columbia on June 1, 2013, which imposes a general two year limitation period on most claims...
Gowling Lafleur Henderson LLP
In the recent case of Ormiston v. Insurance Corp. of British Columbia, the British Columbia Court of Appeal held that a cyclist who was injured while attempting to pass a motor vehicle on the right could not recover damages from the driver.
Norton Rose Fulbright Canada LLP
The Saskatchewan government has set the stage for significant changes to insurance regulation in the province with the enactment of The Insurance Act on May 14, 2015.
McCague Borlack LLP
To be entitled to statutory accident benefits under Ontario's no-fault legislation, also known as the SABS, the individual seeking benefits must have been involved in an accident.
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Torys LLP
The first set of amendments applies to mortgage loans insured by Canada Mortgage and Housing Corporation (CMHC), and the second set of amendments applies to mortgage loans insured by licensed private mortgage insurers.
Miller Thomson LLP
On June 18, 2015, the Digital Privacy Act received Royal Assent and is now law in Canada. The Act amends PIPEDA in a number of ways, but there are three major changes that insurers need to know about...
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.
McCarthy Tétrault LLP
Canada's regulatory and supervisory framework of its residential mortgage market has undergone significant change in the aftermath of the financial crisis.
Miller Thomson LLP
The Ontario Legislature has introduced Bill 109: the Employment and Labour Statute Law Amendment Act, 2015 which, if passed, will amend three separate acts impacting workers and labour relations in Ontario.
Alexander Holburn Beaudin + Lang LLP
In 2005, unusually heavy rainfall caused a landslide in North Vancouver. The landslide originated from a property situated at the top of an escarpment and caused substantial damage to the property situated below the escarpment.
Miller Thomson LLP
The recent FSCO Arbitration decision of Yeboah and Economical Mutual Insurance Company (FSCO File No. A11-003130, May 21, 2015) gives hope to insurers, and counsel for insurers, with respect to costs (referred to as "expenses" at FSCO).
Gowling Lafleur Henderson LLP
The issue was whether the common words "accident" and "occurrence" in the Intact policy required that some resulting damage occur during the policy period for a duty to defend to be triggered.
Clark Wilson LLP
Station Lands Ltd. ("Station Lands") retained Ledcor Construction Ltd. ("Ledcor") as construction manager and a number of other trades for the construction of the EPCOR Tower in Edmonton.
Gowling Lafleur Henderson LLP
On June 16, 2015, the minister of finance (Québec) (the "minister") published a report on the application of the Act respecting the distribution of financial products and services (the "Report").
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