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Stewart v. TD General Insurance Co.

Harper Grey LLP
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Canada
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April 25 2013

An action for coverage under a homeowner's insurance policy to recover the full value of legally cultivated marijuana plants was dismissed. Coverage

Kang v. Sun Life Assurance Co. of Canada

Harper Grey LLP
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Canada
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April 25 2013

The Court of Appeal substantially allowed the appeal from a motion decision striking out numerous claims in a proposed class action relating to the

Petch v. Kuivila

Harper Grey LLP
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Canada
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January 22 2013

A declaration in a will designating beneficiaries under a life insurance policy is effective from the date of execution of the will even though the

Danicek v. Alexander Holburn Beaudin & Lang

Harper Grey LLP
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Canada
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January 22 2013

When employees are covered under a "professional policy" of CGL insurance for acts "only with respect to their employment", a commercially reasonable

Feuiltault Solution Systems Inc. v. Zurich Canada

Harper Grey LLP
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Canada
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September 27 2012

The Federal Court of Appeal held that the Federal Court erred in holding that the insured bore the onus of proving that damage to goods being transported was a fortuitous loss, but nevertheless dismissed the appeal on the basis that the loss was excluded by an exclusion for insufficient or unsuitable packing of the goods being shipped

Boudreau v. Bank of Montreal

Harper Grey LLP
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Canada
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September 27 2012

An application by the defendants to strike out a claim was allowed on that basis that as financial sponsors of a sports league, they owed no duty of care to ensure that adequate insurance was in place to cover injury to participants in the league

New amendment to B.C. Insurance Act

Harper Grey LLP
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Canada
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August 8 2012

A new Insurance Act (the Act) and Insurance Regulation came into force in British Columbia on July 1, 2012

O'Byrne v. Farmers' Mutual Insurance Co

Harper Grey LLP
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Canada
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July 18 2012

A pollution exclusion and a mechanicalelectrical breakdown exclusion in a policy of property insurance did not operate to exclude coverage for damage to the insured property resulting from an oil spill that was contained within the building and was caused by deliberate damage to a furnace causing the oil to overflow

Coventree Inc. v. Lloyds Syndicate 1221 (Millennium Syndicate)

Harper Grey LLP
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Canada
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July 18 2012

The court of appeal upheld the trial decision that the insured had specifically sought to obtain prior act coverage under a directors' and officers' liability policy in relation to certain known potential claims and that the insurer had waived certain “carve out” provisions in the policy relating to known facts or circumstances that might give rise to a claim and could not therefore deny coverage to the insured in relation to those claims

Mcdonald v. Insurance Corp. of British Columbia

Harper Grey LLP
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Canada
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April 17 2012

A plaintiff was successful in seeking a declaration that she was entitled to coverage on the basis that her motor vehicle insurer had not established she was impaired at the time of the accident and she was awarded punitive damages for the insurer’s bad faith conduct with respect to the claim

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