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Legal Blog

30 Sep 2014

Over-Reliance on Surveillance Footage Costs Disability Insurer $225,000

by Admin

Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615

Avelino Fernandes owned a brick laying business. As he was not able to receive EI or Worker’s Compensation benefits, Fernandes bought himself disability insurance from Penncorp Life Insurance Company (“Penncorp”). 

In 2004, Fernandes was injured after he fell from scaffolding. He began receiving disability benefits from Penncorp and attended physiotherapy. His doctor said his...

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02 Sep 2014

Failure to follow doctor’s orders costs Plaintiff 20% of his claim

by Admin

Hollett v Yeager, 2014 NSSC 207

Mr. Hollett was hurt in a rear-end motor vehicle accident in 2006 at the age of 34. His injuries developed into chronic pain.

Hollett briefly returned to his pre-accident job at a golf course following the accident, but was unemployed for more than seven years leading up to trial. He claimed he was permanently disabled and would never return to work.

Hollett received weekly indemnity benefits from his...

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02 Sep 2014

Court of Appeal Rules Zip Line Operator Cannot Contract Out of Liability for Motor Vehicle Accident

by Admin

Neidermeyer v Charlton, 2014 BCCA 165

The Plaintiff, Karen Neidermeyer, suffered serious injuries in a motor vehicle accident while returning to Whistler Village following a zip lining adventure with the Defendant, Ziptrek Ecotours Inc. (“Ziptrek”). The van in which Neidermeyer was a passenger was owned by Ziptrek and operated by an employee of Ziptrek, William Charlton.

The Ziptrek van went off the road, overturned and fell down a hill....

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02 Sep 2014

Court Finds Absolute Pollution Exclusion Within Insurance Contract is Just That; Absolute

by Admin

Breton Petroleum Ltd. &/o Harbour Petroleum v. Aviva Insurance Company 2014 NSSC 200

Breton Petroleum was sued in contract and negligence by homeowners Robert and Sheila Arnott following an oil leak in their home in Saint John, New Brunswick, from a tank which had been installed by Breton.

Upon being served with the Notice of Action by the homeowners, Breton submitted the claim to both its commercial general liability insurer, Aviva, and...

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05 Aug 2014

Turning a Blind Eye to Agent’s Mistakes Leaves Real Estate Company Without Coverage

by Admin

Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2014 NSCA 69

This court ruling comes out of a property deal gone wrong, and a real estate agency which failed to report a potential claim to its insurer.

Hants Realty Company wished to be insured and defended by its professional liability insurer, Travelers Guarantee Company (Travelers), for the alleged actions of one of its real estate brokers, Hermiena Murphy.

In 2005, Robert and...

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