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Mental injury claims likely to rise after SCC ruling

Insurers will face practical challenges defending mental injury claims after the Supreme Court of Canada ruled a medical diagnosis was not needed for damages, says Toronto ... Read more

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Unclear language renders exclusion unenforceable

Ambiguously worded exclusions give policyholders a route to challenge coverage denials, says Vancouver insurance lawyer  Sean Lerner . In a recent case , the Supreme ... Read more

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Sidewalk storefronts beware as Starbucks burned by liability decision

Businesses that open onto city sidewalks should reassess their risk levels after Starbucks was found liable for a woman’s injuries in a fall, says Toronto insurance defence ... Read more

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Diagnosed illness not needed for mental injury damages

A Supreme Court of Canada judgment changes the conventional legal wisdom around the availability of damages for mental injuries, says Vancouver insurance lawyer  Sean Lerner ... Read more

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Summary judgment a tough ask for insurers in social host liability cases

Seeking summary judgment may not be the best option for an insurer facing a social host liability claim, Toronto insurance defence lawyer Heather Vaughan tells ... Read more

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Delayed payment costs insurer

An Ontario case shows the danger to insurers   for delaying payment of claims involving suspicious circumstances, says Vancouver insurance lawyer Sean Lerner . In ... Read more

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Pot usage could impact benefits in accidents: Michael Lesage

A surge in impairment cases and increased detection of drug use could have an impact on the benefits and damages recovered by those involved in accidents, Toronto ... Read more

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Court agrees to hear insurance claim for diminished value

The case of a driver suing his insurance company for the diminished value of his luxury car following an accident may the first of its kind in Ontario, but it likely won’t ... Read more

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Insurance law is about the people: Vaughan

Toronto insurance lawyer Heather Vaughan ’s instincts about the sort of law she wanted to practice and the kind of firm for which she wanted to work were finely tuned ... Read more

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'Aggressive' to use insurance clause to deny rental car coverage

Using an insurance clause to request that a customer pay thousands of dollars to a rental company for failing to report minor damage to the police is an aggressive way to try to ... Read more

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Fire insurance decision could be bad news for developers

An Ontario decision on replacement cost coverage could mean bad news for B.C. developers, says Vancouver insurance lawyer Sean Lerner . In Carter v. Intact Insurance ... Read more

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Costs award against insurance company good news for B.C. insureds

A Supreme Court of British Columbia award of full costs against an insurance company which refused coverage is a stride forward for policyholders and access to justice, says ... Read more

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University student's drinking death a 'liability wake-up call'

A lawsuit filed against Dalhousie University in Halifax after a 19-year-old student died from alcohol poisoning in residence is a wake-up call to all institutions to review their ... Read more

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Coverage available to engineer where delay caused by negligence

By Michael Lesage Recently, the Court of Appeal ruled that  insurance coverage  was available to a professional engineer who was liable for delay damages, where ... Read more

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SCC takes 'practical approach' to interpreting standard form contracts

Toronto litigator Isabelle Eckler says a recent Supreme Court of Canada decision regarding an exclusion clause in a standard form contract took a very practical approach that ... Read more

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Compelling new technologies 'invite' distracted driving

With the constant arrival of new consumer technologies, it is becoming more and more difficult for Canadians to resist the temptation to play with their smartwatch ... Read more

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Insurance dispute headed to the British Columbia Court of Appeal

Vancouver insurance and personal injury lawyer Sean Lerner says a case heading to the British Columbia Court of Appeal (BCCA) in the new year could have big implications ... Read more

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Homeowner’s insurance in Ontario explained

By Michael Lesage At the most basic level, a homeowner’s insurance policy is intended to protect an insured homeowner against unexpected loss. However, as anyone who ... Read more

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Sean Lerner's broad insurance experience a boon for clients

Vancouver insurance and personal injury lawyer Sean Lerner is ideally suited to assist policyholders who are having trouble dealing with their insurance companies after a loss ... Read more

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Limitations extended where dentist denied fault, continued work

By Michael Lesage In  Chelli-Greco v. Rizk , 2016 ONCA 489, the Court of Appeal upheld a judge’s ruling that Cheli-Greco’s claim was not discovered until ... Read more

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