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Arbitration agreement is enforceable despite insurer’s failure to sign it where there was a clear intention of the parties to enter into an agreement

Canada - November 14 2017 An arbitration agreement was enforceable even though an insurer failed to sign it where there was a clear intention of the parties to enter into an…

Insurer’s duty to defend is triggered in claim for coverage where pleadings contain both covered and uncovered claims

Canada, USA - November 14 2017 In considering a claim for coverage, allegedly negligent acts will not be considered the same as allegedly intentional acts for the purpose of the…

BCSC finds innocent insured is entitled to coverage following fire damage to leased truck - Judge cautions insurers to avoid obscure legal terms or concepts beyond the understanding of the ordinary insured

Canada - June 13 2017 Vehicle damage arising from a lessee's arson does not fall within the conversion exclusion clause in Division 5 of the ICBC Autoplan Optional Policy…

Exception does not exclude coverage where payment is made in trust to lawyer

Canada - June 13 2017 Title insurance policies that exclude coverage where mortgage proceeds are paid to parties other than the registered title holder, cannot exclude…

Dispute clause allowing insurer to defer its indemnity obligations where dispute exists may be enforceable even where insurer is subrogated to the dispute rights

Canada - June 13 2017 A dispute clause allowing an insurer to defer its indemnity obligations in cases where a dispute exists between an insured and a third party, may be…