Legal Blog

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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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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