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