Legal Blog

02 Dec 2019

Vandalization of vessel in ship yard found to be covered by insurer despite clause excluding malicio

by Matthew Pearn

Canadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328

The insured Canadian Maritime Engineering Ltd. (“CME”) was a company specializing in engineering, refit and repair services for marine vessels. On November 17, 2018 unauthorized people broke into the CME’s facility and damaged a coast guard vessel stored on the marine rails by cutting the cables that held it in place.  When CME informed their insurer, Intact, they...

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01 Nov 2019

Father Unable To Rely On Insurance After Allowing Daughter To Ride With Impaired Driver

by Erika Hachey

Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656

The claimant, Amealia Hunter, a minor, sued her father, Bradley Hunter for negligent parenting. She alleged that he was negligent in permitting her to be transported in the motor vehicle of his girlfriend who was impaired at the time. The question before the Court of Appeal is whether Mr. Hunt could rely on his girlfriend’s insurance company to defend him against his daughter’s lawsuit...

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01 Nov 2019

Man who was denied for Long-Term Disability benefits awarded $200,000 in punitive damages.

by Erika Hachey

Greig v Desjardins Financial Security Life Assurance Company, 2019 BCSC 1758

The Plaintiff, Dennis Greig, suffered injuries in a motor vehicle accident on November 15, 2011. He returned to work on March 15, 2012. He was re-injured on the job on January 29, 2014 and did not return to work. Mr. Greig advanced a claim through WorkSafeBC which denied him benefits on the basis that his January 29, 2014 injury was an aggravation of his existing...

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01 Nov 2019

Plaintiff Receives Compensation For Teachers Salary Despite Never Working As One.

by Erika Hachey

Lo v Vos, 2019 BCSC 1306

The Plaintiff, a full-time Big Brothers of Greater Vancouver employee and certified teacher suffered injuries in a motor vehicle accident which occurred when she was rear-ended by a truck. The Defendant admitted liability. The Plaintiff stopped working three years after accident occurred and alleged that she suffered from disabling chronic pain, headaches, depression and anxiety as a result of the Accident.

One of...

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30 Sep 2019

Insured denied coverage for failure to disclose material change in risk

by Jason Caissie

Chase v. Personal Insurance Co. 2019 BCSC 936

In August 2012, Clarence and Gayle Chase purchased a homeowner’s policy for their property.  At the time of the application, they advised the broker that the house was their principal residence, there was no one else occupying the residence, there was no business or income earning activity on the property, there were no detached structured that were 800 square feet or larger and there were no...

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