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Results: 1-10 of 31

BCCA upholds finding that homeowner’s policy excludes coverage for claims arising from bodily injury to any person residing in insured’s household
  • Harper Grey LLP
  • Canada
  • December 12 2017

A homeowner’s policy was found to exclude coverage for liability arising from a third party notice issued against an insured where the underlying


BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence
  • Harper Grey LLP
  • Canada
  • October 10 2017

The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no


BCCA denies claim where teenaged plaintiff “ought to have known” that vehicle was driven without consent
  • Harper Grey LLP
  • Canada
  • October 10 2017

The phrase “knew or ought to have known” under s. 91 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 imports a purely objective standard. A


Court not required to determine the threshold issue where there has been no award for health care costs or non-pecuniary loss
  • Harper Grey LLP
  • Canada
  • July 14 2017

Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s


In BC no-fault Part 7 benefits are distinct from compensation awarded on the basis of fault or liability in tort
  • Harper Grey LLP
  • Canada
  • January 10 2017

Part 7 benefits under the Insurance (Motor Vehicle) Act and its Regulations are not compensation from a person whose acts have caused or are alleged


Applying administrative law principles Ontario Court of Appeal confirmed insurance arbitrator’s decision was unreasonable
  • Harper Grey LLP
  • Canada
  • December 20 2016

The appeal centred on which insurance company was responsible for statutory accident benefits owed to individuals injured in a motor vehicle accident


BC court affirms the insurer’s obligation to save harmless the insured from the costs of defending the action encompasses third-party proceedings
  • Harper Grey LLP
  • Canada
  • December 13 2016

Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy


Royal & Sun Alliance Insurance Co. of Canada v. Chubb Insurance Co. of Canada
  • Harper Grey LLP
  • Canada
  • August 23 2016

In a trademark infringement claim coverage for "advertising injury" was not clearly excluded by "Expected or Intended Advertising Injury or Personal


MacPherson v. White
  • Harper Grey LLP
  • Canada
  • August 23 2016

A plaintiff's insurer may be added as a party to a tort action where the tortfeasor's insurance limits will likely be insufficient, and the plaintiff


Watts v. Bowman
  • Harper Grey LLP
  • Canada
  • July 19 2016

The driver of a vehicle did not have implied consent to drive her mother's vehicle. The daughter was required to ask for permission to use the