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

The Federal Court of Appeal held that the Federal Court erred in holding that the insured bore the onus of proving that damage to goods being transported was a fortuitous loss, but nevertheless dismissed the appeal on the basis that the loss was excluded by an exclusion for insufficient or unsuitable packing of the goods being shipped.

Feuiltault Solution Systems Inc. v. Zurich Canada, [2012] F.C.J. No. 1036, July 30, 2012, Federal Court of Appeal, Létourneau, Pelletier and Mainville JJ.A.

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This is a motion by two Defendants in two cases with the same factual matrix arising out of the same event to have the second action struck. The two Plaintiffs are the same in the first action, with one of those Plaintiffs becoming a Defendant in the second action. The motion was dismissed and the actions were ordered restructured, so that both Plaintiffs could pursue their subrogated and uninsured claims against each set of Defendants in a specially managed proceeding.

Hodder Tugboat Co. v. J.J.M. Construction Ltd., [2009] F.C.J. No. 204, February 13, 2009, The Federal Court, Lemieux, J.

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The Federal Court dismissed a claim by an Insured for a declaration that he was entitled to indemnity and/or specific performance from his Insurer for losses sustained as a result of the theft of his boat. The Court also dismissed the Insured’s claim against the insurance brokerage firm for breach of contract and negligence arising from the assistance it had provided to the Insured in obtaining insurance for his boat.

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The application of the Defendant Insurers ("Lloyd’s") to strike the Plaintiff’s Statement of Claim was dismissed where the court held it was not obvious that the Plaintiff’s bad faith action could not succeed where it remained possible for the Plaintiff to add a supporting cause of action on the insurance policy.

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