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Insurance

SCC Decision: November 21, 2008

Research articles : 

Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66
Click here to link to the full judgment. 
(Insurance / "All risk" insurance)

When will insurers be estopped from denying coverage on excluded claims?

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.

 
Abstract
This article considers when an insurer will be estopped from denying coverage in circumstances where the insured has not entered into a non-waiver agreement and the insurer has not sent the insured a reservation of rights letter.
 
Introduction

Liability of insurers to bear the costs of litigation when not all of the claims are within coverage

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
Introduction
Liability insurance contracts provide insureds with protection against claims made by third parties. Generally, liability insurance policies provide that the insurer will indemnify the insured for successful claims against the insured (the duty to indemnify), and that the insurer will defend claims made against the insured (the duty to defend).
 

SCC Decision: October 19, 2007

Taxonomy upgrade extras: 
Research articles : 

Lumbermens Mutual Casualty Co. v. Herbison, 2007 SCC 47
Click here to link to the full judgment.
(Insurance / Automobile Insurance / Causation)

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