Automobile insurance

Policies and insurance contracts - Duty to defend - Breach of policy - Statutory provisions - Notice - Valid driver's licence - Material change in risk - Failure to notify - Rights and duties of insured

An long-term employee was in an automobile accident with a vehicle that he borrowed from his employer. He did not have a valid driver’s license, and subsequently disappeared. The employer’s insurance company sought a declaration that the employer had breached statutory conditions under the policy by letting an unlicensed employee drive their vehicle. The application was dismissed.

Automobile insurance

Statutory provisions - Use of vehicle - Loss of use - Limitation of actions

This case involved a successful application by the plaintiffs to add the insurer as a defendant in a claim resulting from a motor vehicle accident. At issue was whether section 259.1 of the Insurance Act, which contains a one year limitation period, applied to the plaintiffs’ claim. The Court found that section 259.1 did not apply to "loss of use" and, therefore, the plaintiffs’ application was granted.

Commercial general liability insurance

Coverage - Limit on liability - Duty to defend - Property damage - Insured and uninsured property - Exclusions - Occurrence; Pleadings - Underlying action; Agents and brokers - Failure to obtain reasonable coverage

An application for a declaration of duty to defend was dismissed by the New Brunswick Court of Queen’s Bench. The Court found that there was no occurrence under the insurance policy, and thus no possibility of a duty to indemnify. The claim involved a fire at a cemetery in which a significant amount of equipment was damaged.

Life insurance

Interpretation of policy - Accidental death - Exclusions - Common carrier - Definition

A widow applied unsuccessfully for a declaration that she was entitled to accidental death benefits under a policy of life insurance following the death of her husband in an airplane accident. The defendant insurer submitted that the death did not fall within the terms of coverage in the accidental death benefit provision of the policy because the plaintiff’s husband did not die as a fare paying passenger on a “common carrier”, as defined in the policy.

Environmental Liability: CIP Conference

Harper Grey's Jonathan Meadows and Richard Bereti will present an environmental liability seminar for the Chartered Insurance Professionals of British Columbia on March 21, 2012 at the BCIT Downtown Campus.

Environmental issues such as contaminated land, air pollution and remediation costs often arise in insurance coverage and claim disputes involving both residential and commercial property. Harper Grey lawyers often advise insurance professionals and organizations on courses of action to prevent and resolve these issues.

The two-hour session is approved for CE credits by the Insurance Institute of BC. Further information can be found on the IIBC website.