Keyword
B.C. Court of Appeal
Why a $10-million limit did not apply to mitigation of loss in this professional liability policy
February 22, 2021 by David GambrillB.C.’s Court of Appeal recently confirmed that a $10-million coverage limit did not apply to mitigation of loss coverage in a professional liability insurance policy, in part because the policy grouped mitigation of loss coverage together with other types of…
Appeal court spells out difference between an ‘omission’ and a ‘misrepresentation’ on an insurance form
October 8, 2020 by David GambrillB.C.’s Court of Appeal overturned a decision Wednesday against BCAA Insurance Corporation in a case that turned on the crucial difference between an “omission” and a “misrepresentation” in a home insurance application. Ultimately, the B.C. Court of Appeal ordered a…
Cyber security a ‘key aspect’ of risk management for medical professional liability insurers: A.M. Best
May 11, 2017 by Canadian UnderwriterMedical professional liability insurers who retain cyber risk need to limit their exposure “through strong policy language,” A.M. Best Company Inc. warned in a report released Wednesday. The ability to “identify emerging risks in areas such as cyber security,” is,…
Police are conducting ‘search’ when knocking on door to investigate allegations of drinking and driving: Court
April 20, 2017 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear a crown appeal of an impaired driving acquittal, in which a Saskatchewan Provincial Court judge ruled that a police officer knocking on the apartment door of a registered vehicle owner constituted…
Disputed course of construction claim involving LEG exclusion remanded back to B.C. appeal court
October 25, 2016 by Canadian UnderwriterA disputed $14.5-million claim on a course of construction policy, arising from an incident when concrete slabs over-deflected during the building of a hospital addition, was recently remanded by the Supreme Court of Canada to the British Columbia Court of…
Court rules against ICBC in disability benefits dispute
May 24, 2016 by Canadian UnderwriterThe British Columbia Court of Appeal recently ruled against the province’s government-run auto insurer when it upheld a lower court decision awarding disability payments after the 104-week period covered by the regulation covering auto accident benefits, essentially finding that a…