Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The operator of the SkyDome ("Sportsco") was successful in obtaining a declaration that its insurer under a CGL policy ("ING") had an obligation to defend Sportsco in an action commenced by the Toronto Blue Jays baseball team arising from damage to SkyDome’s retractable roof allegedly caused by the negligence of Sportsco which resulted in the cancellation of a baseball game.

Here is a link to the decision.

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A wilfully false statement can void coverage to an insured, even if the insured corrected the false statement on the next business day, and the false statement had no practical effect on the manner in which the claim was handled by the insurance company.

Here is a link to the decision.

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In order to deny first party benefits under an insurance policy on the basis that the insured attempted to commit suicide, the insurer must overcome the common law presumption against the commission of suicide. Overcoming this presumption requires the insurer to establish, with clear and unequivocal evidence, that the insured committed or attempted to commit suicide.

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