A person who refuses to indemnify ICBC for debt can lose his driving licence

A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid to settle third party injury claims.

Cowichan Bay Contractors Ltd. ICBC.  April 21, 2008.  British Columbia Supreme Court.  Macaulay J.

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The beneficiaries to a life insurance policy can be changed by email

An application by the executor to have a beneficiary designation under a life insurance policy varied pursuant to the Saskatchewan Insurance Act was allowed changing the beneficiaries from the children of the deceased into the estate of the deceased.

Re: Buckmeyer Estate.  April 9, 2008.  Saskatchewan Queen's Bench.  Ottenbreit J.

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A mining company is entitled to defence costs arising from misrepresentations in a prospectus

An appel by Liberty Mutual Insurance Co. of the decision of the Superior Court of Justice concerning directors' and officers' liability policy. The initial plaintiff, now respondent mining company indemnified the directors and officers for defence costs they incurred in connection with a class action brought against them by shareholders for prospectus misrepresentation. This class action was settled The plaintiff mining company looked to the insurer to cover the paid legal costs.

Boliden Ltd. v. Liberty Mutual Insurance Co.  April 17, 2008.  Ontario Court of Appeal.

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An infection contracted during unprotected sex is an unlooked for mishap

The respondent Gibbens became infected with Type II Herpes Simplex Virus HSV-2 which caused transverse myelitis, an inflammation of the spinal cord resulting in paralysis from the waist down. He contracted the disease within weeks of infection resulting from unprotected sex.  The infection was an unlooked for mishap and Mr. Gibbens was entitled to coverage.

Gibbens v. Co-operators Life Insurance Co.  April 15, 2008.  British Columbia Court of Appeal.

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Unlooked for mishaps are covered by a CGL policy

The appellant insurance company was unsuccessful in its action against condominium owners whom they must indemnify for damages caused to the foundation of their building by the negligence of the insured general contractor.

York Region Condominium Corp. No. 722 v. Lombard Canada Ltd.  April 14, 2008.  Ontario Court of Appeal.

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