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Suits between liability insurers now possible in Quebec

Norton Rose Canada LLP
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Canada
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September 4 2009

The question of whether a liability insurer that had paid out an indemnity owing to the negligence of its insured could seek reimbursement of a portion of that indemnity from another insurer covering the same risk had in recent years been the subject of debate in Quebec law

Court affirms priority entitlement of Canadian creditors to post-liquidation interest from Canadian branch of foreign insurance company

Stikeman Elliott LLP
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Canada
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September 2 2009

On July 14, 2009, the Ontario Superior Court of Justice released its decision in Canada (Attorney General) v. Reliance Insurance Company, an application regarding the allocation of surplus arising from the liquidation of the Canadian branch (Reliance Canada) of U.S.-based Reliance Insurance Company (Reliance U.S.), a property and casualty insurer that was itself in liquidation

Builder’s risk policy: claim of a sub-contractor

Robinson Sheppard Shapiro
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Canada
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August 31 2009

In the decision rendered on June 23, 2009 in the case Les Constructions L.P.G Inc. vs. Compagnie d’Assurance Temple, the Court of Appeal concluded that a subcontractor had the right to claim for the value of its property damaged as a result of a fire and this, in virtue of a Builder’s Risk Policy

Automobile Insurance Act: recent decision on the notion of “accident"

Robinson Sheppard Shapiro
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Canada
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August 31 2009

On July 15, 2009, the Honourable justice Louis Crête of the Superior Court, District of Montreal, rendered a decision in Samson vs. City of Montreal

Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada

Borden Ladner Gervais LLP
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Canada
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January 30 2009

On November 21, 2008, the Supreme Court of Canada found in favour of Canadian National Railway Company (CNR), allowing CNR’s appeal, and set aside the judgment of the Ontario Court of Appeal, restoring the trial judgment in CNR’s favour, including interest and costs, of approximately $40 million

The Quebec insurer's obligation to defend its insured

Gowling Lafleur Henderson LLP
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Canada
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April 17 2008

With its February 2007 decision in CGU, Compagnie d'assurance du Canada v. Soprema Inc., the Quebec Court of Appeal once again drew attention to the ever-evolving "Wellington" motion

Use and operation of a vehicle

Gowling Lafleur Henderson LLP
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Canada
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April 17 2008

The statutory language "use and operation of a vehicle" was recently the subject of judicial interpretation in the context of no-fault benefits provided pursuant to section B of the Alberta Standard Automobile Policy in Arruda (Estate) v. Allstate Insurance Company

Ontario Court of Appeal denies a liability insurer the right to appoint defence counsel

Norton Rose Canada LLP
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Canada
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April 25 2008

The past few years have seen a number of rulings by the courts relating to liability insurers’ duty to defend their insureds

An insured may be represented by more than one lawyer in some circumstances

Norton Rose Canada LLP
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Canada
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September 30 2009

In Gagnon c. Sinotte, a decision handed down by the Quebec Court of Appeal on August 13, 2009, the Court recognized the right of a liability insurer whose insured is the subject of a countersuit to appoint an attorney to take up the defence other than the attorney already representing the insured in the principal action

After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction

Borden Ladner Gervais LLP
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Canada
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February 20 2009

The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss

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Search results

Suits between liability insurers now possible in Quebec

Court affirms priority entitlement of Canadian creditors to post-liquidation interest from Canadian branch of foreign insurance company

Builder’s risk policy: claim of a sub-contractor

Automobile Insurance Act: recent decision on the notion of “accident"

Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada

The Quebec insurer's obligation to defend its insured

Use and operation of a vehicle

Ontario Court of Appeal denies a liability insurer the right to appoint defence counsel

An insured may be represented by more than one lawyer in some circumstances

After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction

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