Hollis Bromley

The burden of proving negligence

In the recent decision of Benavides v. Insurance Corporation of British Columbia, 2017 BCCA 15, the Court of Appeal rejected the proposition that a prima facie case of negligence can switch the onus onto the Defendant to show …

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Special costs in coverage litigation

The British Columbia Supreme Court’s recent decision in Williams v. Canales, 2016 BCSC 1811, has set precedent in British Columbia by finding for the first time in this Province that, on a successful coverage application, the insured is entitled …

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Update on the Standard Mortgage Clause: How to asses the lender’s claim after a property sale

The recent decision by the Ontario Supreme Court in Equitable Trust v. Portage, 2014 ONSC 4767 (CanLII) deals with a lender’s entitlement to loss proceeds under the Standard Mortgage Clause (SMC) provisions after a property sale where the actual …

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The Mortgage Clause: Insurers and adjusters shouldn’t overlook the role of the standard mortgage clause in the property insurance policy

A version of the Standard Mortgage Clause (SMC) is found in virtually every property insurance policy where a mortgage underlies the property ownership. The standard wording of the SMC is:

Breach of Conditions by Mortgagor, Owner or Occupant – this …

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Discount Rates Changed

Effective April 30, 2014, Discount Rates have been changed pursuant to Regulation 74/2014.  The Regulation changes the rates currently found in the Law And Equity Regulation, section 1(a)  and (b) as follows:

(a) the former discount rate of 2 ½% …

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Interpretation of the Standard Non-Owned Automobile Policy

The Standard Non-Owned Automobile Policy is commonly found as part of many insureds’ Commercial General Liability policy (sometimes included as an Endorsement to the CGL policy); however, interpretation of the policy has received little judicial review in B.C.

The typical …

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Some Welcome Clarification of Policy Interpretation for Insurers

The Court of Appeal’s recent decision in Turpin v. The Manufacturers Life Insurance Company, 2013 BCCA 282, helps bring certainty back to the interpretation of insurance policies with respect to the application of the “reasonable expectations” principle. 

In Turpin, the …

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Get the Limitation Clock Ticking – Reminder to insurers of the new notification requirements

A reminder to insurers that Section 4 of the Insurance Regulation, pursuant to the new B.C. Insurance Act, is now in place as of July 1, 2012. This section requires that insurers notify an insured of any applicable statutory limitation …

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