On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”), which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …Keep reading
In Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352, the British Columbia Court of Appeal determined for the first time that legal costs incurred before an insured gives its insurer notice of a claim can fall …Keep reading
In a recent decision, the B.C. Supreme Court has confirmed that insurers who issue replacement cost endorsements to property policies are not required to fund replacement of damaged property in advance. Rather, insureds under such policies are required to adhere …Keep reading
Alternative dispute resolution is increasingly being used for settling disputes. As a practical matter, it is now virtually impossible to appeal most arbitral findings, making it clear that claims resolution through arbitration proceedings can entail much greater risk for insurers …Keep reading
In Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422, the BC Supreme Court considered the application of statutory conditions 1 and 4 and a replacement cost endorsement in a homeowners insurance policy. The claim …Keep reading
A new case has just come down that should be of interest where claims are made by infants or others under a disability and there is a third party claim against a family member for their alleged negligence relating to …Keep reading
In West Creek Farms Ltd. v. Lloyd’s Underwriters, 2016 BCSC 48, Mr. Justice Macintosh considered general and specific principles of contractual interpretation to parse an efficacy exclusion clause in which ambiguity was unearthed.
Mardell Greenhouses Inc. (“Mardell”) purchased …Keep reading