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Legal Blog

01 Mar 2020

No benefits when insured is killed in motor vehicle accident overseas

by Admin

Wage v. Canadian Direct Insurance, 2020 ABCA 49

Leizle and Al-Reshman Wage resided in Alberta and were insured by Canadian Direct Insurance pursuant to a standard automobile insurance policy, including an SEF 44 Family Protection Endorsement.  Pursuant to an SEF 44 endorsement, the insurer agrees to pay compensatory damages to the insured if they are injured or killed by an inadequately insured motorist.  While vacationing in the...

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01 Mar 2020

Insurers dispute priority of coverage when car strikes man climbing into his vehicle.

by Admin

Liberty Mutual Insurance v. Intact Insurance, 2019 NLCA 76

On April 13, 2017, Mervin Bridle was standing behind his employer's vehicle, a large SUV, loading equipment into the trunk.  Mr. Bridle heard another vehicle moving behind him and turned to see a Chevrolet Silverado coming towards him in reverse.  In a desperate attempt to avoid being struck, Mr. Bridle tried to jump into the trunk of his employer’s vehicle.  Tragically, Mr. Bridle’s...

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01 Mar 2020

Homeowners’ licensed medical marijuana grow operation voids insurance policy.

by Admin

Schellenberg v. Wawanesa Mutual Insurance Company, 2020 BCCA 22.

Bob and Linda Schellenberg owned a house and a two-storey building at their property in Chilliwack, British Colombia.  The Schellenbergs insured the property with a policy underwritten by Wawanesa Mutual Insurance Company and procured by insurance broker Hub International Canada West.

In approximately 2012, Health Canada granted the Schellenbergs licenses to produce medical...

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02 Feb 2020

Homeowner insurer ordered to defend its insured following a road rage incident

by Médérik Menard

Pembridge Insurance Company of Canada v. Chu, 2019 ONCA 904

This case is an appeal from a motion judge’s decision that a driver’s home insurer was under no duty to defend the driver following a road rage where the insured got out of his vehicle, threatened the other driver with violence, yelled at them, hit the window and other parts of their vehicle and made gestures causing the other driver and his passenger to fear for their lives.
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02 Feb 2020

Man receives 100% of wife’s insurance policy after killing her during schizophrenic episode

by Médérik Menard

Maidment v. Forbes, 2020 NSSC 16

Richard Maidment and Sarabeth Forbes had been in a common law relationship since 2007. The couple had one child together, a boy named Devon. In 2015, Sarabeth applied for a life insurance policy through Cooperators Life. Sarabeth listed Richard as her primary beneficiary and her mother as a trustee for Devon as her contingent beneficiary should both Sarabeth and Richard die before Devon reached the age of...

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