The plaintiff, who was disabled from working at medium and heavy employment was nevertheless not totally disabled from an occupation within the range of his education, training and experience.
Continue Reading...An Insurer has a duty to defend an Insured if there is a possibility that the allegations in the Statement of Claim permit a judgment against an Insured within the terms of the policy of insurance. Whether there was any merit to the alleged claim, or whether the alleged claim could be proven at trial, is irrelevant. Furthermore, it is inappropriate to rely upon the Statement of Defence and third party pleadings when determining whether a duty to defend existed.
Continue Reading...Commonwealth Insurance ("Commonwealth") was successful in appealing a trial decision allowing Skuratow’s claim for the replacement value of his missing truck and trailer where the Court found that Skuratow made wilfully false statements to Commonwealth’s adjuster which were material to the claim.
Continue Reading...The Court of Appeal confirmed that it was an error to appoint an arbitrator to determine whether the underinsured motorist protection scheme of the Insurance (Motor Vehicle) Act applied where there had been no determination of liability nor proof of inability to satisfy the judgment.
Continue Reading...An Insured under a Directors and Officers Liability Policy ("Alofs") was entitled to a defence for claims relating to the time period after he ceased to be a director, where the Court found the claim did allege a breach of duty of disclosure in the discharge of Alofs’ duties as a director.
Continue Reading...The Court held that the damage by shipworms to the insured’s wooden hulled vessel was considered "ordinary wear and tear" and was not occasioned by a "peril of the sea".
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Mike has represented clients in personal injury cases with a emphasis on brain injuries, defended lawyers and physicians from malpractice allegations,...More...
Jonathan co-chairs Harper Grey's Engineering and Construction Law Group and has represented clients in cases involving construction, insurance and he...More...
Emily practices in the areas of insurance, construction, and health law. Her insurance practice includes general insurance defence, coverage litigati...More...
Daniel practices health law, insurance litigation and defamation law for Harper Grey. Since becoming an associate in 2009, he has assisted senior cou...More...
As the latest addition to Harper Grey's insurance group, Ryan is an associate in the practice of commercial,health and insurance company law. He join...More...Enter keywords:
