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MT Insurance Law Blog Blog

Articles: 1-10 of 84

The Supreme Court of Canada addresses promissory estoppel in the insurance context

Canada - November 29 2021 In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme…

Case Commentary: Nelson (City) v. Marchi, 2021 SCC 41 - The Supreme Court of Canada clarifies the distinction between core and non-core policy decisions

Canada - October 26 2021 In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core…

Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts

Canada - October 14 2021 Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a…

Court of Québec orders insurance policy disclosure in dispute

Canada - August 19 2021 Twenty-five years ago, Louis Champagne radiomutuel inc. established the right to obtain a copy of the opposing party’s insurance policy in order to…

Changes in “occupants” found not to be a material change in risk for the purpose of voiding a home insurance policy

Canada - May 25 2021 The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not…

Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’?

Canada - May 18 2021 The requirement under section 7(4) of the Ontario Statutory Accident Benefits Schedule for insurers to fund accounting reports on behalf of…

British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims

Canada - February 24 2021 The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a…

Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy

Canada - January 29 2021 The COVID-19 pandemic has resulted in litigation, particularly in the context of class actions. In 2020, applications for authorization to commence…

The latest in insurance bad faith claims

Canada - November 5 2020 A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to…

The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada

Canada, United Kingdom - September 17 2020 The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United…