Notice to Clients Regarding COVID-19

Legal Blog

01 May 2020

Automobile insurer need not disclose its internal procedures for responding to accident benefit clai

by Erika Hachey

Intact Insurance Company v. Malloy, 2020 NSCA 18

Shauna Malloy was injured in October of 2014 in a motor vehicle accident.  She applied for coverage through her own automobile insurer, Intact Insurance, which was granted. Unfortunately, disagreement between the two arose when Intact Insurance denied coverage for a surgical procedure.  Ms. Malloy brought an action against Intact for coverage of the procedure and alleging Intact breached their...

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01 Apr 2020

COVID-19 and “force majeure” clauses

by Erika Hachey

The contractual term “force majeure” will be a hot topic in post-COVID-19 Canada, as parties are unable to perform their obligations pursuant to previously agreed upon contracts.  Force majeure, a term taken from the French language, is an event or effect that can be neither anticipated nor controlled.  Common examples are floods, hurricanes, riots, strikes and wars.  Clauses concerning forces majeures are commonly added to contracts so...

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01 Apr 2020

Employment issues resulting from COVID-19

by Andrew Moss

As a result of the COVID-19 pandemic, New Brunswickers may be prevented from working for several reasons:

  • Illness and quarantine due to contracting COVID-19;
  • Quarantine due to travel or exposure;
  • Caring for sick family members;
  • Supervising children because of school closures; and
  • Layoffs resulting from businesses closing or downsizing

Employees who are prevented from working may be eligible for benefits from the...

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01 Mar 2020

No benefits when insured is killed in motor vehicle accident overseas

by Admin

Wage v. Canadian Direct Insurance, 2020 ABCA 49

Leizle and Al-Reshman Wage resided in Alberta and were insured by Canadian Direct Insurance pursuant to a standard automobile insurance policy, including an SEF 44 Family Protection Endorsement.  Pursuant to an SEF 44 endorsement, the insurer agrees to pay compensatory damages to the insured if they are injured or killed by an inadequately insured motorist.  While vacationing in the...

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01 Mar 2020

Insurers dispute priority of coverage when car strikes man climbing into his vehicle.

by Admin

Liberty Mutual Insurance v. Intact Insurance, 2019 NLCA 76

On April 13, 2017, Mervin Bridle was standing behind his employer's vehicle, a large SUV, loading equipment into the trunk.  Mr. Bridle heard another vehicle moving behind him and turned to see a Chevrolet Silverado coming towards him in reverse.  In a desperate attempt to avoid being struck, Mr. Bridle tried to jump into the trunk of his employer’s vehicle.  Tragically, Mr. Bridle’s...

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