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

The Plaintiff's claim for past disability benefits was dismissed on the basis of a limitation defence and her claim for ongoing disability benefits was dismissed as the Plaintiff was not under the regular and personal care of a physician. 

Andreychuk v. RBC Insurance Co.  March 6, 2008.  British Columbia Supreme Court Vickers J.

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The issuer of a builder's risk policy ("Commonwealth") was not required to indemnify contractors for deficiencies in the installation of a hardwood floor where the Court held that the faulty workmanship exclusion in the policy applied.

Ploutos Enterprises Ltd. v. Stuart Olson Contructors Inc.  March 3, 2008.  British Columbia Supreme Court.  Martinson J.

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An individual whose family was killed in a motor vehicle accident ("Krzysik") was not entitled to income replacement indemnity benefits where the Automobile Injury Compensation Appeal Commission (the "Commission") concluded that the although the family was killed in the accident, the individual was not a victim of the accident.

Krzysik v. Manitoba Public Insurance Corp.  March 5, 2008.  Manitoba Court of Appeal.

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The application by ING seeking a declaration that it was not obligated to defend the vendor of a motor boat ("Eaton") under homeowner's policy issued to Eaton was dismissed where the Court held that the watercraft exclusion in the policy was not sufficient to relieve ING from its duty to defend. 

Here is the case citation: Arand v. Baynham - February 25, 2008.

The case was originally summarized by Jonathan Meadows and edited by David Pilley.

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An insured must commence an action for breach of a disability insurance contract against an insurer within a year of a clear and unequivocal denial of benefits, pursuant to British Columbia's Insurance Act. An insurer may be permitted to entertain the possibility that an insured might appeal its decision without rendering a denial equivocal or unclear.

Here is the case citation: Falk v. Manufacturers LIfe Insurance Co. [2008] B.C.J. No. 231.  British Columbia Supreme Court.  M.A. Humphries J.  February 15, 2008.

Here is a link to the decision.

This case was originally summarized by Jay Havelaar and edited by David Pilley.

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Where it is reasonably probable that a defendant in a subrogated action is an insured under the policy which gave rise to the right of subrogation, the insurer bears a duty to defend under the policy, regardless of the ultimate outcome of the final judgment.

Here is the case citation: Word of Life Tabernacle Society v. Sampson Construction Ltd. [2007] A.J. 1481.  Alberta Court of Queen's Bench.  T.D. Clackson, J.  December 18, 2007.

Here is link to the decision.

This case was originally summarized by Jay Havelaar and edited by David Pilley.

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Where a commercial lease purports to limit the lessor's liability by curtailing the subrogation rights of an insurer of the lessee, the lease will prevail as a complete defence to a subrogated action, provided the action is within the scope of what is excluded by the terms of the lease.

Here is the case citation: Robichaud, Williamson, Theriault and Johnstone v. Pharmacie Acadienne de Beresford Ltee [2008] N.B.J. 45.  New Brunswick Court of Appeal.  J.E. Drapeau C.J. N. B., W.S. Turnbull and J.T. Robertson JJ.A.  February 14, 2008.

Here is a link to the decision.

This case was originally summarized by Jay Havelaar and edited by David Pilley.

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