Supreme Court of Canada confirms that litigation privilege cannot be abrogated absent express statutory provision

10. January 2017 0
Litigation privilege cannot be abrogated absent express statutory provision; s. 337 of the Act Respecting the Distribution of Financial Products and Services does not provide such express provision. Lizotte v. Aviva Insurance Co. of Canada, [2016] S.C.J. No. 52, 2016 SCC 52, Supreme Court of Canada, November 25, 2016, B. McLachlin C.J. and R.S. Abella, T.A. Cromwell, M.J. Moldaver, A. ...

In BC no-fault Part 7 benefits are distinct from compensation awarded on the basis of fault or liability in tort

10. January 2017 0
Part 7 benefits under the Insurance (Motor Vehicle) Act and its Regulations are not compensation from a person whose acts have caused or are alleged to have caused disability. Brugger v. IWA – Forest Industry Long Term Disability Plan (Trustees of), [2016] B.C.J. No. 2353, 2016 BCCA 445, British Columbia Court of Appeal, November 15, 2016, M.E. Saunders, H. ...

Court finds mortgagor had enforceable rights in administration of fire insurance policy

10. January 2017 0
Mortgagor found to have enforceable rights in policy of fire insurance taken out for benefit of mortgagee. Wilson v. Scotia Mortgage Corp., [2016] O.J. No. 5817, 2016 ONSC 7000, Ontario Superior Court of Justice, November 14, 2016, S.F. Dunphy J. A dispute arose between a mortgagor and a mortgagee.  Following the dispute, the mortgagee placed a policy of fire insurance ...

Consultant does not owe duty to the plaintiffs who are adverse in interest to the insurer

10. January 2017 0
Consultant retained by insurance adjuster’s firm did not owe a duty of care to the insured. 3746292 Manitoba Ltd. v. Intact Insurance Co., [2016] M.J. No. 315, 2016 MBQB 210, Manitoba Court of Queen’s Bench, November 7, 2016, R.A. Dewar J. An insured and an insurer reached a settlement following a fire loss.  After settlement the insured brought a claim ...

BC court affirms the insurer’s obligation to save harmless the insured from the costs of defending the action encompasses third-party proceedings

14. December 2016 0
Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Williams v. Canales, [2016] B.C.J. No. 2067, 2016 BCSC 1811, British Columbia ...

Insured’s claim that he was deprived of his mother’s care, guidance, and companionship due to insurer’s mishandling of claim was allowed to proceed

08. November 2016 0
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of Justice, August 31, 2016, C.D. Braid J. The insured’s mother was involved in ...