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 …Keep reading
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 …Keep reading
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 …Keep reading
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% …Keep reading
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 …Keep reading
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 …Keep reading
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 …Keep reading