Haekel v. Allstate Insurance Co. [2006] A.J. No. 252 Alberta Court of Queen's Bench

To obtain accident benefits pursuant to a policy of automobile insurance in Alberta, one must not only show that the damages arose out of the use and operation of an automobile, but must also establish that the injury or death arose directly and independently of all other causes.

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Strata Plan NW2580 v. Canadian Northern Shield Insurance Co. [2006] B.C.J. No. 429 British Columbia Supreme Court

A multi-peril business insurance / all-risk policy does not provide coverage for losses caused to an insured’s building by negligent preloading of an adjacent property by a third party.

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Niagara Gorge Jet Boating Ltd. (c.o.b. Whirlpool Jet) v. AXA Canada Inc. [2006] O.J. No. 640 Ontario Superior Court of Justice

An operator of a jet boat company ("Whirlpool") was not entitled to a defence or indemnity under its policy with AXA where the Court found that Whirlpool had failed to give proper notice of a potential claim.

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MWH International, Inc. v. Lumbermens Mutual Casualty Co. [2006] B.C.J. No. 319 British Columbia Supreme Court

An insured ("MWH")under a professional liability policy was successful in obtaining a declaration that its insurer ("Lumbermens") owed a duty to defend MWH where the Court found that MWH had reported a "circumstance" which might result in a claim within the policy period.

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Young v. Insurance Corp. of British Columbia [2006] B.C.J. No. 274 British Columbia Supreme Court

An insurer does not owe a duty of "fairness and reasonableness" to a third party claimant in settling that party’s claim.

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Young v. Insurance Corp. of British Columbia [2006] B.C.J. No. 274 British Columbia Supreme Court

An insurer does not owe a duty of "fairness and reasonableness" to a third party claimant in settling that party’s claim.

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Manitoba Public Insurance Corp. v. University of Waterloo [2006] M.J. No. 54 Manitoba Court of Queen's Bench

The Court held that the statutory right of subrogation granted to the Manitoba Public Insurance Corporation ("MPIC") was subject to common law tort principles such as remoteness, foreseeability and causation.

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Insurance Corp. of British Columbia v. Pohl's Bakery & Pastry [2006] B.C.J. No. 205 British Columbia Court of Appeal

The Court of Appeal dismissed the appeal of an Insured who was found liable to ICBC for increased insurance premiums not initially charged due to a spelling error on its Certificate of Insurance because the vehicle insured under the new policy was not a substitute vehicle and the Insured was responsible for the misspelling.

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