Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

July 3, 2019

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Material Misrepresentation and Material Change in Risk: BC Case Commentaries

Karen L. Weslowski

Introduction In two recently released cases, the British Columbia Supreme Court considered an insurer’s ability to have an insurance policy declared void ab initio by reason of material misrepresentation and material change in risk.  The insurer was successful in one...


The Changing Landscape of Costs and the Duty to Defend in British Columbia

Fareeha Qaiser

In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, concluding that insurance policies are not special contracts...


The Purpose of All Risk Builder’s Insurance

Chris T.J. Blom

Construction contracts in Canada typically include a requirement that the builder obtain builder’s risk insurance (often known as All Risk Builder’s insurance) which covers both the builder and the owner of the property in the event of loss arising from...


Standalone Cyber Coverage a Smart Move as Courts Wrestle with Scope of Computer Fraud and Funds Transfer Fraud Provisions

Eric S. Charleston, Jaspal Sangha

Cyber Security As Benjamin Franklin said, “[o]ne ounce of prevention is worth a pound of cure.” Canada’s businesses are taking this to heart. According to the Canadian Survey of Cyber Security and Cybercrime, released on October 15, 2018, Canadian businesses...


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