Bersenas Jacobsen Chouest Thomson Blackburn LLP Barristers, Solicitors

Library:

Insurance - 2010

Jurisdiction Over Freight Swap Agreement - Nov 2010
Coverage for Defective Workmanship - Nov 2010
Absolute Pollution Exclusion Applied - Nov 2010
Crime Exclusion Considered - Nov 2010
Arbitration Clause in Insurance Policy Upheld - Oct 2010
Insurer Must Defend Contractor in Claim for Defective Workmanship - Sep 2010
Toxic Mould Claim Excluded From Coverage - Jul 2010
Woman Struck by Stationary Object - Jul 2010
Bad Faith Claim - May 2010
Asbestos Exclusion Upheld - Apr 2010
Insurer Must Defend Entire Claim - Feb 2010
Settlement Exclusion Considered - Feb 2010
AAD and CTL - Jan 2010
Exception to Exclusion vs. Included Peril - Jan 2010

Insurance - 2009

The Serbonian Bog - Dec 2009
Excess Insurer Pays for Defence Costs - Nov 2009
Insured Covered for Stock at Temporary Location - Aug 2009
“Involvement” in an Accident: Low threshold for Coverage - Jul 2009
Summary Judgment Reversed in Bond Case - Jun 2009
Duty to Defend Extends to Covered Claims Only - Jun 2009
Waiver of Subrogation - May 2009
Arson Case Sent Back for New Trial - May 2009
Grow-Op Losses are Multiple Occurrences - May 2009
“Your Work” Exclusion Applies to Subcontractor - Apr 2009
Misrepresentation Voids Coverage - Mar 2009
Self-Defence Not an Intentional Act - Mar 2009
The Last Word on Teck Cominco - Feb 2009
Excess Insurer Must Contribute to Defence Expense - Jan 2009
University Fails But Gets 95% - Jan 2009

Insurance - 2008

Channeling Wallis Simpson - Nov 2008
Failure to Supervise not Covered under Policy - Nov 2008
Unsatisfied Judgment Provisions of the Ontario Insurance Act Considered - Oct 2008
Right to Cancel Not So Clear - Sep 2008
Suspended Driver Loses Coverage - Sep 2008
Loss Transfer Between Insurers - Sep 2008
Case Comment: Lloyd's of London v. Royal and Sun Alliance - Sep 2008
Loss Transfer Between Insurers - Sep 2008
Duty to Defend - Aug 2008
Duty to Defend Extended to “Person Insured” - Aug 2008
Court of Appeal Upholds Ani Wall Decision - July 2008
Insurers Required to Share Defence Costs - July 2008
Full Disclosure Cautionary Tale - July 2008
Criminal Act Exclusion May Not Apply Where Perpetrator is Mentally Disordered - June 2008
CGL Policy Does Not Respond to Claim For Refund of Employer’s Pension Plan Contributions - June 2008
Mechanical Breakdown Exclusion Upheld - June 2008
Insurer’s Actions Don’t Extend Limitation Period - May 2008
“Derangement” is an Odd Word in Insurance - May 2008
Automobile Liability Exclusion Upheld - May 2008
CGL Policy Doesn’t Respond to Auto Claim - Apr 2008
Court of Appeal Considers “Own Work” Exclusion Again - Apr 2008
Wilfully False Statement Voids Insurance Claim - Feb 2008
“Go-Karts” and Compulsory Auto Insurance - Jan 2008

Insurance - 2007

CGL Policy Responds to Auto Claim - Nov 2007
“First Past the Post” Principle Upheld - Nov 2007
Case Comment: Citadel v. Vytlingam/ Lumbermens v. Herbison - Nov 2007
Clear Wording Essential - Oct 2007
Use of a Motor Vehicle as a Motor Vehicle - Oct 2007
Insurers Spar Over Overlapping Coverage - Sep 2007
Insurer Gets Burned - Sep 2007
Case Comment: Eichmanis v. Wawanesa Mutual Insurance Company - Sep 2007
Rectification of Reinsurance Policy Denied - Aug 2007
Endorsement Subject to Territorial Restrictions - Aug 2007
The Teen Male Behaviour Exclusion - July 2007
Portions of Insurer’s Affidavit Struck in Duty to Defend Case - July 2007
Extrinsic Evidence and Duty to Defend - Jun 2007
Limitation Period Inapplicable After Liability of Insurer to Pay is Admitted - Jun 2007
Limitation Period Inapplicable Where Insurer Admits Liability - May 2007
Teck Cominco Appeal Dismissed - Apr 2007
Pollution Exclusion in D&O Policy Considered - Apr 2007
A Boring Coverage Dispute - Mar 2007
Insurance Law: Breach of Warranty Voids Coverage - Feb 2007
Breach of Warranty Leads to Coverage Denial - Jan 2007

Insurance - 2006

Timely Notification Essential - Nov 2006
Statutory Subrogation and Cost Awards - Nov 2006
Costs Award Confirmed in Bogus Bad Faith Claim - Oct 2006
Forum Shopping for Insurance Coverage - Sep 2006
Case Comment: B. McCurdy Trucking v. Zurich Insurance - Sep 2006
Court Clarifies Condition “Subject to Court Approval” - Jun 2006
“Making Good” Exception to the Normal Exclusion - May 2006
Claim for Status of Insured Fails - Apr 2006
Bogus Bad Faith Claim Proves Costly - Apr 2006
Read Your insurance Policy - Mar 2006