The Court of Appeal upheld the appeal of a jury trial judgment awarding punitive damages of $525,000 against an Insurer who alleged arson against the Insureds. The award of $175,000 for aggravated damages against one Insured was reduced to $50,000.
Continue Reading...When an Insured submits a proof of loss for disability insurance the one year limitation period contained in the policy is triggered. The Insurer is not required to give notice to their Insured that the limitation period has commenced, and the limitation period is not postponed by an appeal of the Insurer’s decision by the Insured.
Continue Reading...Goods damaged while under the control of a transporter, insured under a carrier insurance policy, fall within the coverage limitation for damages arising from transportation as opposed to warehousing and storaging, even when the goods are damaged while being stored, as opposed to transported, by the transporter.
Continue Reading...When an insured receives clear and unambiguous notice that he or she has been denied disability insurance benefits, the one year limitation period contained in the policy is triggered. The Insurer is not required to give notice to the Insured that the limitation period has commenced, and the limitation period is not postponed by an appeal of the Insurer’s decision by the Insured.
Continue Reading...Under the policy of disability insurance, it was clear and unambiguous that the long term disability benefits payable to the insured were to be reduced by any CPP disability benefits received by the insured.
Continue Reading...Property damage that would not be insured under a standard insurance policy to an occupant or owner, is insured under the standard mortgage clause for a mortgagee, when the damage is the result of an act or omission by the occupant or owner.
Continue Reading...The Estate of the Deceased Insured was awarded the cost of medical expenses paid following treatment at a hospital pursuant to a travel insurance policy issued by the Defendant. The condition precedent that the Insured was in good health applied despite the fact she had an alcohol abuse problem and had overdosed on alcohol and Dilaudid the day before signing the Declaration. The exclusion clause did not apply because there was no evidence her alcohol abuse problem affected her at the time of, or contributed to, the loss.
Continue Reading...The Court, in allowing the Insured’s claim, held that the proximate cause of damage was negligence during the repair of a vehicle. The failure of the engine was a secondary cause resulting from the initial negligence in the repair process. The exclusion under s. 132 of the Regulations to the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, did not apply.
Continue Reading...The New Brunswick Court of Appeal held that the Insurer had a duty to defend the defamation claim brought against the Insured. The Insurer did not demonstrate that the allegations in the Statement of Claim clearly fell outside the policy.
Continue Reading...The Court held that the only cause of damage was a continuous leak and the mould caused by that leak. The loss was clearly excluded by the explicit terms of the contract.
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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:
