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

These were two unsuccessful appeals which were heard together of a decision dismissing a challenge to the statutory and regulatory cap on damages for minor injuries arising from motor vehicle accidents.

Hartling v. Nova Scotia (Attorney General), [2009] N.S.J. No. 599, December 15, 2009, Nova Scotia Court of Appeal, M. MacDonald C.J.N.S., M.J. Hamilton and D.R. Beveridge JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This was a successful appeal by an Insurer from a determination that an Insured’s paraplegia resulting from a complication of genital herpes was covered under a group insurance policy.

Co-operators Life Insurance Co. v. Gibbens, [2009] S.C.J. No. 59, December 18, 2009, Supreme Court of Canada, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Defendant sought and was awarded a deduction from a cost of future care award pursuant to 83(5) of the Insurance (Vehicle) Act.

Sauer v. Scales, [2009] B.C.J. No. 2490, December 11, 2009, British Columbia Supreme Court, B.I. Cohen J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Tenant Exclusion Endorsement inconsistent with Standard Mortgage Clause and therefore unenforceable.

Hum v. Grain Insurance and Guarantee Co., [2009] A.J. No. 1351, December 4, 2009, Alberta Court of Queen's Bench, R. Stevens J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Insurer's right to subrograte under Standard Mortgage Clause requires fulfillment of two preconditions, (1) the insurer must make payment of the loss award, or part of it, to the mortgagee; and (2) the insurer must establish a claim that it has no liability to the mortgagor.

Pinder v. Farmers' Mutual Insurance Co. (Lindsay), [2009] O.J. No. 4964, November 26, 2009, Ontario Court of Appeal, D.R. O'Connor A.C.J.O., R.A. Blair and R.G. Juriansz JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link