Keyword
Supreme Court of British Columbia
Want lower liability exposure for athletes? Don’t play sports in B.C.
March 21, 2023 by Alyssa DiSabatinoA recent Supreme Court of British Columbia case points to the difference between the standard of care for sports negligence claims in B.C. compared to the rest of Canada. In Miller v. Cox, the court found that a recreational soccer…
Court finds coverage for subcontractors when broad policy provision included by accident
July 5, 2018 by David GambrillA B.C. court has found that a design-build contractor and an architectural and engineering firm are both entitled to coverage under a Lloyd’s Underwriters policy that included a broad provision to insure “any firm(s)” providing “professional services” to a B.C.…
Unidentified car claim: Court seeks ‘science’ in expert report
December 18, 2017 by Canadian UnderwriterThe Supreme Court of British Columbia has tossed out the report of a forensic engineer, which supported the public insurer’s position in an unidentified car case, saying the report relied too heavily on expert opinion and not enough on “science.”…
How legalizing pot will affect your insurance policies
June 5, 2017 Jason Contant, Online EditorThe impending legalization of marijuana in Canada raises a number of legal issues related to property insurance policies, Michael Teitelbaum, a partner with Hughes Amys LLP, said last week at ARC Group Canada’s 2017 annual seminar and cocktail event. In…
Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court
April 24, 2017 by Canadian UnderwriterAn exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme Court of British Columbia judge…
Court denies replacement value coverage on fire claim after owners plan to build larger structure on same Ottawa site
December 20, 2016 by Canadian UnderwriterIn a fire insurance claim, the courts recognize that “the need to rebuild premises which more closely resembled the original” is critical in triggering coverage for replacement value rather than actual cash value, Dutton Brock LLP suggested in a bulletin…
ICBC must cover claimant injured while riding ATV down ramp of pickup truck: Court
September 1, 2016 by Canadian UnderwriterA British Columbia court recently ruled against the province’s government-run auto insurer when it found that a man who suffered a spinal injury while moving his all-terrain vehicle from his pickup truck is entitled to accident benefits. Section 96(b)(i) of…
Double Duty
August 1, 2016 Hollis Bromley, Partner, Alexander Holburn Beaudin + Lang LLPA recent ruling out of British Columbia reviewed the duty to defend in the context of forced labour and slavery allegations. The case addresses a number of weighty coverage considerations, including the “mere possibility” test and derivative pleadings.