MT Insurance Law Blog

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Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts

October 14, 2021 | Karen L. Weslowski, Andrew Hefford

Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. ...

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British Columbia Court of Appeal clarifies indivisibility analysis

September 23, 2021 | Fareeha Qaiser, Caitlin VanDuzer

Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327, recently provided significant commentary on the important yet difficult issue of indivisible injuries. Insurance Corporation of British...

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Court of Québec orders insurance policy disclosure in dispute

August 19, 2021 | Nicolas Sacha Nesviginsky

Twenty-five years ago, Louis Champagne radiomutuel inc.[1] established the right to obtain a copy of the opposing party’s insurance policy in order to involve its insurer in the claim. This right was confirmed in a recent Court of Québec judgment.[2]...

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Changes in “occupants” found not to be a material change in risk for the purpose of voiding a home insurance policy

May 25, 2021 | Fareeha Qaiser, Matthew E. Wray

The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants....

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Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’?

May 18, 2021 | Helen D.K. Friedman, Emily Compton

The requirement under section 7(4) of the Ontario Statutory Accident Benefits Schedule [1] for insurers to fund accounting reports on behalf of insured persons is a reasonable one. To be eligible for funding by the insurer, the reports must be:...

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British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims

February 24, 2021 | Fareeha Qaiser, Derek Odgers

Introduction The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a third-party notice for contribution and indemnity (“contribution”) if the limitation period has expired under...

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Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy

January 29, 2021 | Nicolas Sacha Nesviginsky

The COVID-19 pandemic has resulted in litigation, particularly in the context of class actions. In 2020, applications for authorization to commence class actions have been made notably against nursing homes,1 insurers2 and airline companies.3 In 9369-1426 Québec inc. (Restaurant Bâton...

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UK Supreme Court judgment on COVID-19 business interruption insurance test case

January 15, 2021 | Eric S. Charleston

Today, the UK Supreme Court handed down its judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch and Others. This judgment was the result of a “leap frog” appeal whereby the FCA and certain insurers...

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Leave to appeal duty to defend issues denied by Supreme Court of Canada

December 8, 2020 | Karen L. Weslowski, Matthew E. Wray

Recently, the Supreme Court of Canada denied leave to appeal decisions of the Alberta Court of Appeal and the Ontario Court of Appeal, respectively, regarding the duty to defend.  As a result, the appellate decisions stand and are discussed below....

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The latest in insurance bad faith claims

November 5, 2020 | Theodore J. Madison

A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...

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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.