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

The action for coverage under a commercial motor vehicle insurance policy was allowed where the court held that the coverage available for a higher rated vehicle could be substituted for the coverage for a lower rated vehicle provided that the coverage on the owner's other vehicles was correctly rated for their general use, even if they were operating in excess of their insured range on the day in question.

Streeper Contracting Ltd. v. Insurance Corp. of British Columbia, [2013] B.C.J. No. 389, British Columbia Supreme Court, L. Fenlon J.

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Application by the insurer for a declaration that it was not required to pay a portion of the judgment obtained by the plaintiff for lost wages. The insurer argued the lost wages were included in the definition of "insured claim" under section 106 of the Insurance (Vehicle) Regulation. The insurer’s application was dismissed.

Jordan v. Lowe, [2013] B.C.J. No. 170, January 18, 2013, British Columbia Supreme Court, P.M. Willcock J. (In Chambers)

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Where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence.

Khosah v. Canada Life Assurance Co., [2013] B.C.J. No. 99, January 11, 2013, British Columbia Court of Appeal, R.T.A. Low, D.M. Smith and A.W. MacKenzie JJ.A.

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A lessee with an option to purchase a vehicle is an "owner" under s. 1 of the Motor Vehicle Act. Other insurance policies contemplating an "owner" must be read in light of this definition.

Lombard General Insurance Co. of Canada v. Canadian Direct Insurance Inc., [2013] B.C.J. No. 41, January 11, 2013, British Columbia Supreme Court, P.D. Leask J.

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Insurer was not under a duty to defend an insured in an action where the insured, a teacher, was alleged to have committed assault and battery in respect to a student.

Dube v. BCAA Insurance Corp., [2012] B.C.J. No. 2751, December 24, 2012, British Columbia Supreme Court, S.F. Kelleher J.

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The application by an insured under a long term disability policy ("Catalano") to dismiss an action by the disability insurer ("Sun Life") seeking to recover insurance monies pursuant to a reimbursement agreement was dismissed where the Court held that the applicable limitation period was six years.

Sun Life Assurance Co. of Canada v. Catalano, [2012] B.C.J. No. 2566, November 28, 2012, British Columbia Supreme Court, J.E.D. Savage J.

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The appeal by a disability insurer ("Standard Life") from a judgment awarding a school vice-principal ("Jackson") one year of disability benefits was allowed where the court ruled that a proper interpretation of the rider indicated that coverage for the vice-principal had not commenced at the time of disability.

Jackson v. Standard Life Assurance Co., [2012] B.C.J. No. 2599, December 12, 2012, British Columbia Court of Appeal, L.S.G. Finch C.J.B.C., N.J. Garson and A.W. MacKenzie JJ.A.

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An appeal from an order dismissing a statutory limitation defence advanced by the defendant. The appeal was allowed.

Dueck Chevrolet Cadillac Hummer Ltd. v. Insurance Corp. of British Columbia, [2012] B.C.J. No. 2556, December 7, 2012, British Columbia Court of Appeal, R.T.A. Low, A.W. MacKenzie and D.C. Harris JJ.A.

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A release and waiver agreement executed in relation to a zip lining expedition also released any claims for injuries as a result of a bus accident on the way to the zip line site. The bus transportation was part of the expedition and travel to and from the site was explicitly included in the activities that formed the subject of the release.

Niedermeyer v. Charlton [2012] B.C.J. No. 2339, November 8, 2012, British Columbia Supreme Court, T.C. Armstrong J.

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When employees are covered under a "professional policy" of CGL insurance for acts "only with respect to their employment", a commercially reasonable line must be drawn between what are essentially work functions and what are essentially social functions, even if some weak connection remains between the employment and the social function.

Danicek v. Alexander Holburn Beaudin & Lang [2012] B.C.J. No. 2257, November 2, 2012, British Columbia Court of Appeal, M.V. Newbury, S.D. Frankel and E.A. Bennett JJ.A.

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