Ontario court finds property transfers by convicted auto insurance fraudster represent an effort to put assets out of reach
Very interesting take on the implications of insurance fraud: http://goo.gl/19Pqe
Fracking a lesser-known, but significant environmental insurance risk: WillisWire
Fracking as an environmental risk: http://goo.gl/Mz1Og
Alberta Court of Appeal upholds cap on general damages
The Alberta Court of Appeal has upheld Alberta’s Minor Injury Regulations, capping general damages in motor vehicle accident litigation at $4,000. The Court released its decision in Morrow v. Zhang, the litigation challenging Alberta’s Minor Injury Regulations, on June 12, 2009.
In the meantime, the ruling by the Nova Scotia Supreme Court in Hartling et al v. Nova Scotia is expected to be heard in the Nova Scotia Court of Appeal in October 2009.
An interesting take on Alberta’s decision can be found here.
Backcountry ski rescue volunteers face liability
This is a potentially troubling development for volunteer rescue operations, particularly where they operate in backcountry ski operations.
When the duty to defend is triggered in an Errors & Omissions policy
Where an insured receives a demand that specific action be taken, failing which remedies will be pursued in court, this is sufficient notice of a potential claim, within the terms of an errors and omissions policy, such that if the claim is ultimately pursued in court, no duty to defend will be triggered.