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Category Archives: Insurance News
Judge Says, “Plaintiff’s Evidence Is Not Credible” But Awards $400,000 for Loss of Competitive Advantage
In a decision that will alarm insurance companies, Mr. Justice Bernard Manton has awarded damages of $400,000 for loss of competitive advantage to a plaintiff who was injured in an accident at a Home Depot store. This award is more than … Continue reading
Posted in Damages, Insurance News
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Important Ruling on Litigation Privilege
In what appears to have been a longstanding battle between Coseco Insurance Company and one of its insureds, Mr. Justice John Macdonald has released an important decision on the issue of litigation privilege. He dismissed the insurer’s appeal from a master’s … Continue reading
Posted in Discovery, Insurance News, Practice and Procedure, Privilege
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C.A. Says “No” to Risk Premiums in Costs
The Court of Appeal today released its decision in Ward v. The Manufacturers’ Life Insurance Company. We are familiar with this case because local lawyers Eric R. Williams and Jaye E. Hooper, who acted for the plaintiff Ward, won at trial … Continue reading
Posted in Commercial Litigation, Costs, Insurance News
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C.A. Overturns Summary Judgment Against Lessor of Car Being Operated by Unlicensed, Drunk Driver
In Henwood v. Coburn, the Court of Appeal today overturned the summary judgment that had been granted by Mr. Justice Barry MacDougall back in 2006 (see our post about the decision appealed from). In this case, a company had leased … Continue reading
Posted in Auto, Auto (Tort), Insurance News
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Court Refuses to Extend 90-day Period for Notice of Accident Benefits Priority Dispute
Liberty Mutual Insurance Company v. Zurich Insurance Company involved an accident benefits “priority” dispute between two auto insurers. A claim for benefits had been submitted to Liberty on behalf of a 13-year old boy who had been struck by a car … Continue reading
Posted in Auto, Insurance News
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C.A. Dismisses Appeal from Jury’s Causation Finding in MVA Case
Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s … Continue reading
Posted in Auto, Insurance News, Juries, Threshold, Trial Procedure
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C.A. Says Auto Insurer Can Question Insured Under Statutory Condition and Can Examine Him for Discovery
In Baig v. The Guarantee Company of North America, the Court of Appeal allowed an appeal from a decision of Justice Gordon, in which he had held that an auto insurer could not require its insured to submit to an … Continue reading
Posted in Auto, Insurance News
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C.A. Says Go-Kart in Pineland Amusements Is Not an “Automobile”
Today, the Court of Appeal released its decision in Adams v. Pineland Amusements Ltd. The first line of the decision sums up the ruling: “This appeal decides that a go-kart operated on a private track is not an ‘automobile’ within the … Continue reading
Posted in Auto, Insurance News
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Court Holds That Plaintiff’s Rule 49 Offer Must Take Into Account Future Accident Benefits
Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and … Continue reading
Posted in Auto, Auto (Tort), Costs, Insurance News, Practice and Procedure
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Report From Montebello (2007)
The 2007 edition of the Montebello Civil Litigation Conference has ended. Our Heather Williams is the conference co-chair and Susanne Sviergula is on the organizing committee. The conference featured numerous visiting guests, each of whom lavished praise on the conference … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Practice and Procedure
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