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Norrbom Vinding | Denmark | 18 Dec 2019

Can employees suffer an industrial injury before arriving for work?

In a recent case, the courts ruled that an employer was not liable to pay damages for an injury sustained by a temp in a car accident when driving from her home to her temporary place of work. Pursuant to the Workers' Compensation Act, an accident is recognised as an industrial injury only if it is a consequence of the work or working conditions. This judgment supports existing case law that......
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Dentons | Canada | 18 Jun 2019

Section B benefits require compliance with independent medical examination protocol

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive:......
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Dentons | Canada | 28 May 2019

Alberta Court of Appeal confirms directors are personally liable for injuries sustained at work

The Alberta Court of Appeal has revisited the question of directors' personal liability for injuries sustained in a workplace incident. The key question was whether a corporate representative was personally liable for damage resulting from their own tortious conduct while acting as a representative for the corporation. As the applicable tests for determining personal liability remain unclear,......
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RPC | Hong Kong | 7 May 2019

Settlement, costs and persons under disability

The High Court recently handed down a practice note relating to the practice of making settlement offers or payments into court in cases involving claims on behalf of persons under a disability. The practice note confirms the previously understood position that the self-contained procedural regime for formal sanctioned offers and sanctioned payments in Order 22 of the court rules does not......
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Matheson | Ireland | 23 Apr 2019

Periodic payment orders in catastrophic injury cases

A recently signed ministerial order marks the formal introduction of long-awaited periodic payment orders (PPOs) in Ireland. This should be a welcome development for insurers as it will avoid upfront compensation payments in catastrophic injury cases. It will also align the Irish regime of awards in case of catastrophic injury with the UK system, under which PPOs are already available.
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Levitan Sharon & Co | Israel | 26 Feb 2019

Sporting event organisers should reconsider scope of coverage

Insureds purchase insurance coverage for their potential liability according to the level of their exposure towards third parties. In a recent judgment, the organisers of a cycling competition were found liable towards a cyclist who had been injured during a competition, and their insurance coverage was well below the damages that the court imposed. Following this judgment, sporting event......
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Dentons | Canada | 8 Jan 2019

Apportionment of liability under workers' compensation scheme

A recent case examined the apportionment of liability for damages between multiple defendants where at least one of them is statutorily immune from liability. The court considered whether an employer can be held vicariously liable for damages caused by its employee's negligence when the injured party, the employee and the employer are subject to the Workers' Compensation Act.
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Arnecke Sibeth Dabelstein | Germany | 19 Dec 2018

Shipshape: tour operators not liable for gym injuries sustained during sea swells

The Koblenz Higher Regional Court recently confirmed that tour operators cannot be held liable by cruise passengers for gym injuries sustained during large swells. The decision re-emphasises the fact that ships shift constantly at sea and that all passengers should therefore take appropriate care while on board – particularly during large swells – as failure to do so may deny them the ability......
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Dentons | Canada | 27 Nov 2018

Court hits brakes on duties owed to intoxicated plaintiffs

The expansion of recognised duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice. The plaintiff in the case was one of four intoxicated passengers in a taxi who had been injured after the taxi was involved in an accident. The court centred its decision on the evidentiary record in the case, which established no reasonable basis for the......
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Dentons | Canada | 11 Sep 2018

Owner of electrical contracting firm held personally liable for its C$430,000 regulatory fine

In what appears to be a novel regulatory decision, the Ontario Court of Justice recently held the owner of an electrical contracting firm personally liable for its regulatory fines after he transferred assets out of the company following a fatal incident. In a rather scathing decision, the judge held that the owner had put his own assets at risk by blurring the lines between himself and the......
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