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

Insured was liable to pay a 10% administrative fee levied by Nova Scotia Department of Transportation and Infrastructure Renewal for the repair of a culvert damaged by motor vehicle driven by an employee of the insured.

Nova Scotia (Attorney General) v. Jacques Home Town Dry Cleaners, [2013] N.S.J. No. 4, January 3, 2013, Nova Scotia Court of Appeal, J.W.S. Saunders, L.L. Oland and J.E. Fichaud JJ.A.

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When the particulars of a loss are destroyed by the insured peril the court will be more sympathetic to the insured when determing the quantum of the loss

Visual Design Consultants Inc. v. Royal and Sun Alliance Insurance Co. of Canada, [2012] N.S.J. No. 682, December 18, 2012, Nova Scotia Supreme Court, R.W. Wright J.

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Insured equipment is not excluded from coverage by a rental exclusion clause where title remains with the insured even though possession has passed on to a third party if possession is transferred pursuant to a contract of sale.

Economical Insurance Group (c.o.b. Plant Hope Adjusters Ltd) v. Master Forestry Ltd., [2012] N.S.J. No. 536, October 11, 2012, Nova Scotia Supreme Court, D. MacAdam J.

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An insurer may not bring a subrogated claim against an employee of an insured where the insured has no right to claim against the employee.

Portage La Prairie Mutual Insurance Co. v. MacLean, [2012] N.S.J. No. 520, October 1, 2012, Nova Scotia Supreme Court, P.J. Duncan J.

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An appeal by an insurer from an order that it defend its insureds and reimburse them for defence costs. The appeal was dismissed.

Meridian Construction Inc. v. Royal & SunAlliance Insurance Co. of Canada, [2012] N.S.J. No. 450, August 23, 2012, Nova Scotia Court of Appeal, M.J. Hamilton, J.E. Fichaud and P. Bryson JJ.A.

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The application by a motor vehicle insurer ("Dominion") seeking an order that an action be tried by a judge alone was allowed where the court held that the most important issues to be determined would be questions of law.

Kirby v. Dominion of Canada General Insurance Co., [2010] N.S.J. No. 656, December 13, 2010, Nova Scotia Supreme Court, C.E. Haliburton J.

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The court of appeal upheld a trial judge's interpretation of the term "waterborne object" in an exlcusion clause.

Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 617, November 30, 2010, Nova Scotia Court of Appeal, J.W.S. Saunders, J.E. Fichaud and P. Bryson JJ.A.

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A vessel was found to be a "waterborne object" for purposes of "windstorm or hail" exclusion clause.

Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 296, January 7, 2010, Nova Scotia Supreme Court, J.D. Murphy J.

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Appeal by the insurer from a jury’s award of punitive damages dismissed. By not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s actions were exceptional. A reasonable jury could have concluded that an award of punitive damages was rationally required to punish the insurer’s conduct.

Kings Mutual Insurance Co. v. Ackermann, [2010] N.S.J. No. 255, May 4, 2010, Nova Scotia Court of Appeal, J.W.S. Saunders, M.J. Hamilton and J.E. Fichaurd JJ.A.

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Insured covered under automobile policy issued to common law spouse for an accident involving an uninsured van.

Faulds v. O'Connor, [2010] N.S.J. No. 67, February 12, 2010, Nova Scotia Supreme Court, P. Bryson J.

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