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Searching Content indexed under Insurance by Miller Thomson LLP ordered by Published Date Descending.
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1
The Changing Landscape Of Costs And The Duty To Defend In British Columbia
In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, ...
Canada
12 Aug 2019
2
Material Misrepresentation And Material Change In Risk: BC Case Commentaries
In two recently released cases, the British Columbia Supreme Court considered an insurer's ability to have an insurance policy declared void ab initio by reason of material misrepresentation and material change in risk.
Canada
12 Aug 2019
3
Commercial Transactions And All-Risks Coverage
How can a commercial transaction be the subject of indemnity under an all-risks policy?
Canada
9 Aug 2019
4
The Worth Of "Diminished Value" Claims In Ontario – Update
In past blogs, my colleague, Patricia Forte, has tracked the case law on the state of "diminished value" claims in Ontario.
Canada
11 Jun 2019
5
Setting Aside A Default Judgment: Paolucci Holdings Ltd. v. Girard Insurance & Financial Service Inc., Philip Joseph Girard, Maioha Aroha Productions Inc. And Jordan Corrigal, 2018 BCSC 1810
Although most insureds report claims in a timely fashion, there are occasions where an insured's delay may result in default judgment being obtained against the insured.
Canada
17 Apr 2019
6
Benefits Update: OHIP+ And Employment Insurance Act Changes
As discussed in an earlier post, effective January 1, 2018, the Ontario liberal government introduced OHIP+. OHIP+ is a program that covers the cost of more than 4400 drug products.
Canada
8 Apr 2019
7
Demetriou v. AIG: The Burden Of Proof And The Requirement To Plead Fraud
Mr. Demetriou had a family heirloom ring appraised. It was worth $550,000. He insured the ring against theft with AIG Insurance Company of Canada ("AIG") in July 2015
Canada
27 Feb 2019
8
Umbrella Insurance Policies: Should You Have One?
Personal umbrella insurance is a type of insurance policy designed to add extra liability coverage over and above another insurance policy, such as auto, boat, or homeowners.
Canada
18 Feb 2019
9
Miller Thomson LLP Successful In Defence Of Large Municipal Claim On Behalf Of Lloyd's Underwriters
Despite the many challenges faced, Miller Thomson was able to turn a negative environment into a positive environment on all fronts.
Canada
30 Jan 2019
10
The Deduction Of Accident Benefits In Tort Actions
In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are to be deducted from awards of tort damages.
Canada
23 Jan 2019
12
When Is It "Appropriate" To Sue An Insurer?
The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers.
Canada
8 Oct 2018
13
When A Spouse Is Not A Spouse
Prior to moving in together, the couple maintained separate residences and spent the weekends together, usually at Mr. Zorony's home.
Canada
11 Sep 2018
14
Juries Behaving Badly
Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror's duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based
Canada
30 Aug 2018
15
Nemchin V. Green: The Deduction Of Collateral Benefits At Trial
The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income.
Canada
20 Aug 2018
16
Artificial Intelligence Revolution And The Insurance Industry
The information revolution has had an undeniable impact on society, as did the industrial revolution before it. Now artificial intelligence is poised to be the next revolution ...
Canada
7 Aug 2018
17
Letting Sleeping Dogs Lie: A Risky Strategy
In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin ("Plaintiff") filed an action in the amount of $100,000.00 as against Residence Sainte-Claire ("Residence") ...
Canada
18 Jul 2018
18
Medical Marijuana Loses Its Appeal – The Skinny On Skinner Part 1
In earlier blogs, we have discussed the curious case of Wayne Skinner and his quest for medical marijuana funding under his union's insurance plan.
Canada
18 May 2018
19
Medical Marijuana And Benefit Plan Coverage
As discussed at our April A.M. Pension webinar, the Nova Scotia Court of Appeal recently released its decision in Canadian Elevator Industry Welfare Trust Fund v. Skinner.
Canada
3 May 2018
20
The Duty To Defend Triggered Notwithstanding Environmental And Pollution Exclusion Clauses
In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the "Insureds") ...
Canada
25 Apr 2018
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