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

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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