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

On an application for contribution and indemnity under s. 4(2)(b) of the Negligence Act, R.S.B.C. 1996, c. 333, the Court held that this section does not apply to the provincial motor vehicle insurer ("ICBC") when it defends an action under s. 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231.

Here is a link to the decision.

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Beneficiaries under a life insurance contract are not entitled to interest on proceeds for the time between an insured’s disappearance and the date that a presumption of a death certificate is procured.

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When settling third party claims arising from a single incident, the insurer may adopt the "first past the post" approach as opposed to a pro rata scheme. However, the insurer must make reasonable attempts to notify potential claimants that insurance funds are being distributed.

Here is a link to the decision.

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An insurer has an obligation to advise an insured of all potential benefits that are available to him. If the insurer fails to advise the insured of potential benefits and the insured suffers an injury as a result of not receiving benefits, the insurer is liable for damages arising from the injury even if the limitation period for obtaining benefits has expired.

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This application involved a contest between two Insurers over who had the duty to defend an Insured in a third party action. The Court held that, because the third party claim as plead was potentially within the coverage provided by each of the policies and did not fall squarely within the relevant exclusionary clauses; both Insurers were required to provide a defence to the Insured.

Here is a link to the decision.

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Where an insurance policy provides indemnification for legal actions commenced against an insured, but is silent about providing indemnification for enforcing the insurer’s duty to defend a claim, the insurer is required to provide the insured with full indemnity for seeking a declaration of entitlement to coverage from the insured, when the insured is successful in obtaining a declaration of entitlement to a defence.

Here is a link to the decision.

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The Ontario Court of Appeal dismissed the appeal of a trial judge’s finding that the Ministry of Health and Long-term Care was not jointly and severally liable for the $1,055,000 in costs awarded against the Plaintiffs because the Ministry did not attend or participate in the trial in any meaningful way despite having pursued a subrogated claim against the Defendant Insurers.

Here is a link to the decision.

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On a summary trial application, the Court denied the Insured’s claim for indemnification and defence from its Insurer after finding that damage caused by the Insured while cleaning a boiler was accidental but fell within the "own work" exclusion in a CGL policy.

Here is a link to the decision.

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