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Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36 [Abbas], the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3...more

Home is Where the Risk is When Carrying on (Insurance) Business

In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

It's Not "All the Facts and Nothing but the Facts": Assessing an Insurer's Duty to Defend

In Optrics Inc. v Lloyd’s Underwriters, 2022 ABCA 26 [Optrics] the Alberta Court of Appeal highlights the limits on summary applications by insureds seeking confirmation that an insurer must defend a claim against the...more

Captive Insurers: New Alberta Legislation Offers Additional Risk Management Option

Risk management is an important part of governance planning for every business. Often, risk management means transferring risk to a third-party through the purchase of insurance. Recently, the Alberta Legislature created a...more

Catch-22: Defending a Breach of Duty of Good Faith Claim and the Potential Waiver of Legal Privilege

A defendant who wishes to rely on legally privileged information in response to a claim alleging breach of a duty of good faith, or alleging bad faith, may face a "Catch-22" scenario. ...more

Words Matter, Even When Absent: B.C. Appeal Court Confirms Unlimited Insurance for Construction Mitigation

The British Columbia Court of Appeal recently held that a professional liability insurance policy provided potentially unlimited coverage, at least in respect of one area of coverage. In Surespan Structures Ltd. v Lloyds...more

The Latest on Pre-Certification Stays in Multijurisdictional Class Actions

Britton v Ford Motor Company of Canada - A recent decision of the Alberta Court of Queen's Bench addresses the challenges of considering a pre-certification application to stay a class action when the decision may impact...more

2/9/2021  /  Canada , Class Action , Ford Motor

Will My Insurance Cover COVID-19 Losses?

In addition to the global health implications of COVID-19, voluntary and mandatory restrictions being implemented in an effort to "flatten the curve" of infection rates are disrupting business operations across a broad range...more

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