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Legal Blog

02 Jun 2020

Territorial limitation bars Plaintiff from recovery for auto accident in Philippines

by Médérik Menard

Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49

Ms. Leizle Wage was vacationing in the Philippines when she was struck and killed by a motorcyclist. Her husband made a claim to her automobile insurer, Canadian Direct Insurance Inc., for coverage from the Section B and SEF No. 44 portions of this policy.

Canadian Direct denied coverage on the basis that the motor vehicle accident which killed Ms. Wage was not “in...

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02 Jun 2020

Improperly cancelled policy leaves insurer liable

by Médérik Menard

Allstate Insurance Co. v. Her Majesty the Queen, 2020 ONSC 830

Allstate Insurance Company issued Mr. Daniel Miller an automobile insurance policy in July of 2012. In April of 2013, the policy was cancelled due Mr. Miller not paying his premiums. In March of 2014, Mr. Miller paid the amount owing on the cancelled policy and applied for a new insurance policy. The new policy was issued to Mr. Miller and was effective from March 22, 2014 to...

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02 Jun 2020

Court of Appeal reverses ruling in Moncton Intersection Collision

by Médérik Menard

Benoit v. Savoie et al. 2020 NBCA 25

On January 8, 2013, Brian Benoit was driving along Mountain Road in Moncton with passenger and Plaintiff, Karine Savoie. He approached the Mountain Road intersection with West Lane. Mr. Benoit was roughly two car lengths away from the intersection when he noticed the red traffic light and started to brake.  When he reached the stop line, the light changed to green, so he accelerated and continued through...

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02 Feb 2020

Homeowner insurer ordered to defend its insured following a road rage incident

by Médérik Menard

Pembridge Insurance Company of Canada v. Chu, 2019 ONCA 904

This case is an appeal from a motion judge’s decision that a driver’s home insurer was under no duty to defend the driver following a road rage where the insured got out of his vehicle, threatened the other driver with violence, yelled at them, hit the window and other parts of their vehicle and made gestures causing the other driver and his passenger to fear for their lives.
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02 Feb 2020

Man receives 100% of wife’s insurance policy after killing her during schizophrenic episode

by Médérik Menard

Maidment v. Forbes, 2020 NSSC 16

Richard Maidment and Sarabeth Forbes had been in a common law relationship since 2007. The couple had one child together, a boy named Devon. In 2015, Sarabeth applied for a life insurance policy through Cooperators Life. Sarabeth listed Richard as her primary beneficiary and her mother as a trustee for Devon as her contingent beneficiary should both Sarabeth and Richard die before Devon reached the age of...

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