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Searching Content indexed under Insurance by Field LLP ordered by Published Date Descending.
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1
Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim: Six Circles Of Hell
It is not uncommon for the driver of a rented or leased vehicle to become involved in an accident and liable to claims with respect thereto.
Canada
11 Jun 2018
2
Minor Injury Regulation Changes
Changes to the Minor Injury Regulation (AR 123.2004) ("MIR") are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.
Canada
24 May 2018
3
Case Summary: Tuffnail et al v Meekes et al
A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).
Canada
17 May 2018
4
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the insurer, Intact.
Canada
17 May 2018
5
Case Summary: Tree-Techol Tree Technology And Research Co. v Via Rail Canada Inc.
An Insured has no obligation to include an Insurer's subrogated claim in an action to recover losses in excess of its insurance coverage.
Canada
17 May 2018
6
Case Summary: Aviva Insurance Company Of Canada V Intact Insurance Company
The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies ...
Canada
1 Mar 2018
7
Case Summary: Hartley v Security National Insurance Company
The Hartleys retained Minnesota counsel and sued the State of Minnesota for damages.
Canada
28 Feb 2018
8
Case Summary: Cardinal v Alberta Motor Association Insurance Company
The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor...
Canada
28 Feb 2018
9
Case Summary: Vermilion & District Housing Foundation v Binder Construction Limited
The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.
Canada
26 Feb 2018
10
Case Summary: Oliveira v. Aviva Canada Inc.
As this was an application to define the insurer's duty to defend, all parties agreed that the only evidence relevant was the Statement of Claim and the insurance policy.
Canada
18 Dec 2017
11
Case Summary: Hobin v. Enterprise Rent-A-Car Company
Thus, WCB payments to the injured driver are not deductible from the liability of the renter, lessor or lender.
Canada
18 Dec 2017
12
Case Summary: Middleton v Pankhurst
In Ontario the Statutory Condition in an auto policy requiring that the driver be "authorized by law" to drive refers to the licensing regime such that breaching driving conditions in a probation order...
Canada
18 Dec 2017
13
Case Summary: Reeb v. The Guarantee Company Of North America
Two 14 year old boys (Reeb and Riley) were playing with pellet guns. Reeb shot Riley, who consequently lost an eye.
Canada
18 Dec 2017
14
Case Summary: Co-operators General Insurance Company v. Kane
We will pay all sums which you become legally liable to pay as compensatory damages because of unintentional bodily injury …
Canada
18 Dec 2017
15
Case Summary: Economical Mutual Insurance Company v Gill
Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent's homeowner's policy was held to exclude coverage for the parent.
Canada
18 Dec 2017
16
The Brick Warehouse LP v Chubb Insurance Company Of Canada
As a result of this, the Brick directed payment on ten Toshiba invoices to the RBC account.
Canada
7 Nov 2017
17
Defence & Indemnity - August 2017
The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court's ability to...
Canada
30 Aug 2017
18
Defence & Indemnity - June 2017
Insurance policies are to be interpreted on how an ordinary person would understand them such that, absent clear policy wording to the contrary, ...
Canada
14 Jul 2017
19
Defence & Indemnity - April 2017
The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...
Canada
10 May 2017
20
Defence & Indemnity - February 2017
The plaintiff Williams brought a lawsuit for injuries she alleged she suffered during the course of training at the Amazing Personal Training Studio Ltd.
Canada
6 Mar 2017
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