MT Insurance Law Blog

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Legal insights: Upholding forum selection clauses in insurance cases

November 23, 2023 | Jasmine de Guise

MT Insurance Law Blog

This case concerns a legal dispute involving Avantys Health Inc., an international medical insurance company (the “Insurer”) and its insureds, an American couple residing in Florida (the “Insureds”). For the purpose of this article, we will discuss the Court of […]

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BC Supreme Court adds defendant to action after expiration of limitation period

September 29, 2023 | Caitlin VanDuzer, Michael Hanuman

MT Insurance Law Blog

Introduction The BC Supreme Court recently considered the issue of whether a party could be added as a defendant to an action after the relevant limitation period had expired. Background facts In Stiller v Parsons, 2023 BCSC 872, the plaintiff […]

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Broker negligence and relief from forfeiture: Court finds no coverage for late-reported claim under excess “claims made and reported” professional liability policy

September 28, 2023 | Vanessa De Sousa, Maya Cheaib

MT Insurance Law Blog

In Kestenberg Siegal Lipkus v Royal & Sun Alliance Ins. Co. (“Kestenberg”), the Ontario Superior Court addressed an insurance dispute where an insured party failed to properly inform their insurer of a claim due to their broker’s negligence. The insurance […]

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BC Supreme Court comments on requirements to obtain an order compelling an independent medical examination

August 23, 2023 | Caitlin VanDuzer, Michael Gargaro

MT Insurance Law Blog

Two recent decisions from the Supreme Court of British Columbia have highlighted particular requirements and certain barriers in relation to obtaining an order to compel a plaintiff’s attendance at an independent medical examination (“IME”). In Gysbers v. Patkunalingam, 2023 BCSC […]

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Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation

July 25, 2023 | Caitlin VanDuzer, Lara Jung

MT Insurance Law Blog

Introduction Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured’s failure to disclose a material change in risk. Background facts The […]

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Alberta Court of Appeal reduces damage award to account for insured’s actual loss

July 12, 2023 | Caitlin VanDuzer, Derren Roberts

MT Insurance Law Blog

Introduction In Shelter Canadian Properties Limited v Aviva Insurance Company of Canada, 2023 ABCA 74, the Alberta Court of Appeal reduced an indemnity payment for loss of rental income to account for the increase in the net rental income of […]

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Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend

May 31, 2023 | Caitlin VanDuzer, Vanessa Rosteski

MT Insurance Law Blog

Introduction In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have a duty to defend Mr. Butterfield (the “Appellant”) against a negligence claim because the policy’s intentional […]

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British Columbia Court of Appeal upholds implied undertaking of confidentiality

May 25, 2023 | Karen L. Weslowski

MT Insurance Law Blog

Introduction In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columbia v. Engineer X, 2023 BCCA 211, the British Columbia Court of Appeal considered whether the implied undertaking should be lifted to allow […]

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Litigation privilege: A recent review by the Superior Court of Quebec

April 26, 2023 | Jasmine de Guise

MT Insurance Law Blog

In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2, 2023, Justice Daniel Dumais of the Superior Court of Quebec adjudicated an objection based on this particular […]

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Court of Appeal looks to true nature of claim in duty to defend application

April 6, 2023 | Amanda Perumal

MT Insurance Law Blog

The Court of Appeal’s recent decision in Ontario v St. Paul Fire and Marine Insurance Company (2023 ONCA 173) revisits the duty to defend that all underwriters should be aware of. When analysing pleadings and the terms of a policy, […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.