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Legal Blog

05 Jan 2020

Action for Section B benefits barred by policy’s limitation clause

by Catherine McLatchie

Shanks v TD et al, 2019 NBQB 269

The Plaintiff, Bruce Shanks, was involved in two motor vehicle accidents.  The first accident occurred September 28, 2007.  The second occurred November 30, 2007.  Mr. Shanks was insured by the Defendant, TD Home and Auto Insurance Company (hereafter “TD”) pursuant to a SPF No. 1 Standard Automobile Insurance Policy.

Mr. Shanks was injured in the accidents and applied to TD for medical expenses and income...

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05 Jan 2020

Insurer must pay fees for expert retained by insured to quantify loss

by Catherine McLatchie

Be In Christ Church of Canada O/A Welland Brethren in Christ Church v Intact Insurance Company, 2019 ONSC 7412

On February 24, 2019, a fire broke out at the premises of Be in Christ Church of Canada (hereafter the “Church”).  The Church had a valid insurance policy with Intact Insurance Company (hereafter “Intact”), which included coverage for professional fees.

Intact retained EllisDon to prepare a scope document on repairs to the...

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02 Dec 2019

No take backs! Insurer must continue to Defend insured when they failed to reserve their rights prio

by Matthew Pearn

The Commonwell Mutual Insurance Group v. Campbell, 2019 ONCA 668

Shayne Campbell was involved in a dirt bike accident, injuring the driver of an ATV. The ATV driver sued the Mr. Campbell in negligence. Mr. Campbell’s car insurer issued a non-waiver agreement and a reservation of rights before denying coverage. Mr. Campbell then turned to his homeowner’s insurance who appointed counsel and defended the claim without issuing a non-waiver or a...

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02 Dec 2019

Two root canals for the price of one!

by Matthew Pearn

Maillet v Violette, 2019 NBQB 74

Corinna Maillet, a dentist patient brought an action for damages for negligence against her dentist alleging he had performed root canal on the wrong tooth. Ms. Maillet alleged that the defendant company was vicariously responsible for dentist's negligence. The dentist admitted he had performed an initial root canal on the wrong tooth but then claimed that he had also performed a root canal on the correct...

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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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