Precision Plating Part II: British Columbia Court of Appeal restores effect of Absolute Pollution ExclusionIn 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly “absolute” pollution exclusion was ambiguous in the context of a fire loss. This decision resulted in significant... |
Absence of Statutory Warning turns Victory for the Vehicle Leasing Industry into Loss for the InsurerIn the province of British Columbia, vehicle owners, including leasing and rental companies, are vicariously liable for the negligence of permissive drivers of their vehicles. Damages recoverable against lessors, however, are capped by statute at CDN $1 million (a provision... |
Pollution Resulting From Fire is Not “Pollution”, says BC CourtVirtually every modern CGL policy contains some variation of the “absolute pollution exclusion”, which eliminates or severely restricts coverage for environmental damages. In recent years, the courts in British Columbia and elsewhere have consistently upheld such exclusions in relation to... |
Environmental Update – Case Law and Tribunal DecisionsMiller Thomson Seminar - Off-site Contamination: A Primer for Landowners and Developers |
Health Care Costs Recovery Legislation: Subrogation for Medical Costs in BC and AlbertaCBA Alberta Law Conference |
Automobile Accidents in British Columbia: A Manual for US Claims Examiners |
British Columbia Motor Vehicle Accident Claims ManualContinuing Legal Education Society of BC Contributing author to chapters on “Out of Province”, and “Excess Insurance and Optional Insurance Coverages”. See the CLEBC website for more information on this publication. |
Pollution Exclusion Clauses in the CGL Policy: Current Issues in Coverage LigitationCanadian Journal of Insurance Law, Vol. 27, No. 4 |