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Legal Blog

04 Jan 2016

Creditors can no Longer Have Bankrupt Debtors’ Driving Licences Suspended

by Andrew Moss

Alberta (Attorney General) v. Moloney, 2015 SCC 51

In 1989, Joseph Moloney was in a motor vehicle accident for which he was at fault. The driver of the other car was injured. Moloney was uninsured and had few assets, so the other driver sought compensation from Alberta’s Administrator for Motor Vehicle Accident Claims. The Administrator paid the victim with money from Alberta’s General Revenue Fund and then sued Moloney for its losses. The...

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04 Jan 2016

Plaintiffs Dinged with $85k Costs for Unsubstantiated Bad Faith Claims Against Insurers

by Andrew Moss

MacPherson Estate v. Clarica Life Insurance Co., 2015 NBQB 162

Dr. William MacPherson died in 2003 when his vehicle was struck by a train. Family members applied to Clarica Life and Sun Life for accidental death benefits under Dr. MacPherson’s insurance policies. Both insurers refused to pay benefits. The insurers argued that Dr. MacPherson did not die as result of an accident, but rather committed suicide. The family members sued Clarica...

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04 Jan 2016

Broker Found 50% Liable for Insured’s Building Fire

by Andrew Moss

Grafton Connor Property Inc. v. Murphy, 2015 NSSC 195

The Grafton Connor Group (hereafter “Grafton”) owns and manages a number of properties in Nova Soctia, one of which was the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (hereafter “Marsh”). In 2003, Marsh sought coverage for the North End Pub from Lloyds of London Underwriters (hereafter...

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30 Nov 2015

Supreme Court Denies Leave to Appeal in Pedestrian’s Claim Against Unidentified Driver

by Admin

Tucker v. Unknown Person, 2015 NLCA 21

In May 2015, we reported on this Newfoundland Court of Appeal decision. Mr. Tucker, a pedestrian, sustained injuries when he was injured in a hit and run accident. Mr. Tucker was unable to identify the driver or owner of the vehicle and filed an action against an unknown person.

Mr. Tucker subsequently initiated an action against his insurer AXA, claiming coverage under the Section D Unidentified...

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30 Nov 2015

Court of Appeal Reduces Damages Award in Bad Faith Claim Against Insurer

by Admin

Industrial Alliance v. Brine, 2015 NSCA 104

This is a follow up on a case we reported on in 2014.

Mr. Brine was a police officer receiving long term disability benefits. He received CPP and other disability benefits which were originally not disclosed to his insurer. His long term disability insurer claimed that Mr. Brine owed them a repayment of $99,506.49 and decided to unilaterally cut payments to zero dollars until the insured was...

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