Insureds who are sued and successfully defended by their insurer may be able to obtain double costs.

Application for double costs. Application granted.

Martin v. Lavigne, [2010] B.C.J. No. 2240, November 17, 2010, British Columbia Supreme Court, G.D. Burnyeat J.

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Health providers may be liable for negligently treating people injured in automobile accidents in Ontario.

Appeal from an order striking the plaintiff’s claim. Appeal allowed.

Cebryk v. Paragon Enterprises (1984) Ltd. (c.o.b. Armstrong's Physiotherapy Clinic), [2010] S.J. No. 697, November 18, 2010, Saskatchewan Court of Appeal, J. Klebuc C.J.S., S.J. Cameron and R.G. Richards JJ.A.

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Bad faith claims may be severed from the underlying entitlement action.

Defendant’s application to sever a bad faith claim from a claim for breach of contract.  Application granted.

Nayyar v. Manufacturers Life Insurance Co., [2010] B.C.J. No. 2200, October 7, 2010, British Columbia Supreme Court, P.W. Walker J. (in Chambers)

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Allegations of faulty workmanship may be covered by a general liablity policy

Insurer ordered to defend claim brought against insured  pursuant to general liability policy in respect of alleged negligent installation of kitchen cabinets.

California Kitchens & Bath Ltd. v. AXA Canada Inc., [2010] O.J. No. 4752, November 5, 2010, Ontario Superior Court of Justice, E. Frank J.

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A wrap-up policy which does not clearly exclude coverage will be required to defend a potential insured

Insurer was ordered to defend insured pursuant to a project specific wrap-up policy with respect to claims brought by owner of a building against the insured, the general contractor with respect to its construction.

PCL Constructors Canada Inc. v. Encon Group, [2010] O.J. No. 4566, October 27, 2010, Ontario Superior Court of Justice, D.A. Wilson J.

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An automobile insurer may have to pay $150,000 rehabiliton benefits to insured's in British Columbia.

Insured struck in British Columbia by tractor trailor licensed in Manitoba was limited to the amount of  benefits - payable by Manitoba Public Insurance Scheme - that would have been available to her under Part 7 of the B.C. Insurance (Vehicle) Regulation.

Schuk v. York Fire & Casualty Insurance Co., [2010] B.C.J. No. 2153, November 4, 2010, British Columbia Supreme Court, B. Brown J.

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