Yearly Archives: 2012

Ten things to know about the new Insurance Act

Construction is a risky business. Having the right insurance in place is therefore essential for everybody engaged in the process.

It is also critical that you understand the basic operation of your insurance policies and have some understanding of the …

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‘Tis the Season – Social Host Liability

 “A person hosts a party.  Guests drink alcohol.  An inebriated guest drives away and causes an accident in which another person is injured.  Is the host liable to the person injured?”

The above question posed by the Supreme Court of …

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Time’s Running Out: Implementation Date Set for New Limitation Act

As previously reported in our blog post titled New British Columbia Limitation Act, the legislature has undertaken an overhaul of limitation periods in British Columbia with the repeal and replacement of a new Limitation Act.  This new Limitation

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Nudists Anonymous and the Great Dog Insurrection of ’88

Everybody has one, a favorite much read and beloved book.  Whether it is The Great Gatsby, Wuthering Heights, or Harry Potter and the Philosopher’s Stone, it sits, dog eared and with cracked spine, on a bookshelf waiting to be pulled …

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No Longer a Viper’s Nest: Causation Connection Clarified for Additional Insured Coverage

In a recent decision the British Columbia Court of Appeal has rejected the “but for” test as being sufficient to satisfy the causal element required by the phrase “liability arising out of the operations of the named insured”.

In Vernon

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Closing Litigation Files for Want of Prosecution

It is understandably very important to insurers to ensure that claims progress and files are closed.  Most insurers have files in which the plaintiffs and their counsel have simply stopped moving the file forward.  In British Columbia, it has always been difficult …

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New British Columbia Limitation Act

On May 17, 2012 Bill 34, which repeals and replaces the Limitation Act with a new act, received Royal Assent.  In speaking about Bill 34 Justice Minister and Attorney General Shirley Bond stated:

 “Civil actions deal with everything from commercial

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Risky Business: BCSC Rejects Pre-Trial “Time on Risk” Allocation of Defence Costs

In the recent decision of Lombard General Insurance Company of Canada v. 328354 B.C. Ltd., 2012 BCSC 431 the Supreme Court of British Columbia  addressed for the first time the issue of whether an insurer’s obligation to fund the costs …

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ICBC Found in Bad Faith and Hit with Punitive Damage Award: McDonald v. ICBC 2012 BCSC 283

Bad faith claims against insurers and subsequent awards of punitive damages have become more common in Canadian case authority. However, the majority of the reported bad faith decisions involve an insurer’s denial of a first party claim and there are …

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McLean v. Canadian Premier Life Insurance Company: Common Sense Applied to “Common Carrier” Definition

The recent decision of McLean v. Canadian Premier Life Insurance Company 2012 BCSC 163 affirms the importance of well defined policy terms. That action arose out of a claim under a life insurance policy issued by Canadian Premier Life Insurance …

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