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About this newsletterThe Harper Grey LLP Insurance Law Update provides a monthly review of new cases and emerging issues in Canadian insurance law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter. |
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Automobile insuranceCoverage - Exclusions - Impaired driver - Bad faith; Damages - Punitive damages; Evidence - Burden of proof A plaintiff was successful in seeking a declaration that she was entitled to coverage on the basis that her motor vehicle insurer had not established she was impaired at the time of the accident and she was awarded punitive damages for the insurer’s bad faith conduct with respect to the claim. |
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Automobile insuranceBenefits - Income replacement benefits - Availability - Statutory obligations; Agents and brokers - Duties and liabilities of agent In this case the insured alleged his broker failed to properly offer optional income replacement benefit coverage as part of his automobile insurance policy. The Court found that although the broker had breached the applicable standard of care, the insured had not shown on a balance of probabilities that he would have purchased the income replacement benefit coverage if it had been properly offered.The insured’s motion for summary judgment against his broker was dismissed. |
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Liability insuranceMotor vehicle accidents; Automobile insurance - Statutory provisions - Third parties; Government health insurance plans - Subrogation - Right of insurer to subrogation The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action. |
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Life insuranceMortgage life insurance - Policies and insurance contracts - Renewals of policies - Reinstatement of policy - Cancellation of policy - Premium payment - Statutory provisions - Estoppel - Waiver This appeal involved the insurer from a trial judgment finding it liable under a mortgage life insurance policy. The appeal was allowed and the action was dismissed and costs awarded to the appellant. |
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Thank you for reading the April 2012 Please let me know if you have any questions about any of the cases discussed. I would be happy to provide you with additional information.
Thank you, |
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