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Legal Blog

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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05 Aug 2014

Plaintiff’s Claim Limited to $2,500 After Failing to Call Proper Medical Experts

by Admin

Hopkins v. Graham, 2014 NSSC 243

The plaintiff, Barry Hopkins, was injured in a head-on collision with the defendant, James Graham, in January 2009.  Hopkins was a seasonal worker and in January 2009 was getting employment insurance benefits.  Hopkins already suffered from chronic lower back pain and a right ankle injury. Hopkins claimed that the injuries he suffered in the car accident compounded his pre-existing injuries, leaving him with...

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05 Aug 2014

Enormous Bad Faith Award Puts Long-Term Disability Insurers on Notice

by Admin

Industrial Alliance Insurance and Financial Services Inc. v. Brine 2014 NSSC 219

This recent judgment holds the long-term disability insurer Industrial Alliance Insurance and Financial Services Inc. (“Industrial”) to account for years of unfair treatment of its insured, Bruce Brine. The court ordered Industrial to pay Brine

  • $500,000 in punitive damages,
  • $150,000 in aggravated damages,
  • $62,036.81 for breach of contract, and
  • ...
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01 Jul 2014

Car Lot Owner Could Be Liable for Car Thief’s Actions Ten Days Later

by Admin

Matharu v. Manheim, 2014 ONSC 3459

In 2012, Herbeth Medina stole a car from a car lot owned by the Manheim Auto Auctions Company. Ten days later, Medina was driving the stolen car and got into a car accident causing serious injuries to the Matharu family, who were travelling in another vehicle. The Matharus brought an action against Manheim and its insurer. Manheim brought a Motion for Summary Judgment stating the Matharus claim was without...

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