Yearly Archives: 2016

Overzealous denial of claim results in large punitive damage award

The recent BC Supreme Court decision Arsenovski v. Bodin, 2016 BCSC 359, illustrates, by way of an extreme example, the risk insurers run by overzealous denial of an insured’s claim.

The case arose from the insurer’s decision to deny …

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Insurance Coverage for Negligent Parenting?

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 …

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Gardening 101: Construing Efficacy Exclusions in Commercial General Liability Insurance Policies

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 …

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Exclusion Clauses and Fortuitous Damage

The recent B.C. case of Wynward Insurance Group v. MS Developments Inc., 2015 BCSC 324 (“Wynward Insurance”), looks at an insurance policy exclusion clause for damage “caused directly or indirectly” by earth expansion and offers clarification as …

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