
Welcome to the June 2008 Insurance Netletter.
In this issue:
Please contact Nigel Trevethan or any member of our Insurance Practice Group with any questions about the cases in our netletter. A version of this netletter is published twice per month on Quicklaw.
About this Newsletter
The Harper Grey LLP Insurance Netletter provides a monthly review of new cases and emerging issues in Canadian insurance law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.
Automobile insurance
Insurance law - Automobile insurance - Policies and insurance contracts - Good faith, breach of - Statutory provisions - Third parties - Uninsured motorist
A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of good faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid to settle third party injury claims.
Group Insurance
Insurance law - Group insurance - Accident and sickness insurance - Interpretation of policy - Exclusions - Intentional acts - Accidental means, definition - External and violent, definition
The respondent became infected with Type II Herpes Simplex Virus HSV-2 which caused transverse myelitis, an inflammation of the spinal cord resulting in paralysis from the waist down. He contracted the disease within weeks of infection resulting from unprotected sex. The Court of Appeal agreed with the chambers judge's finding that the condition fell within the respondent's group insurance coverage.
Liability insurance
Insurance law - Liability insurance - Directors and officers liability insurance - Exclusions - Pollution - Defence costs
An appeal by Liberty Mutual Insurance Co. of the decision of the Superior Court of Justice concerning directors' and officers' liability policy. The initial plaintiff, now respondent mining company, indemnified the directors and officers for defence costs they incurred in connection with a class action brought against them by shareholders for prospectus misrepresentation. This class action was settled. The plaintiff mining company looked to the insurer to cover the paid legal costs.
Life insurance
Insurance law - Life insurance - Policies and insurance contracts - Beneficiaries - Change of beneficiaries - Statutory provisions
An application by the executor to have a beneficiary designation under a life insurance policy varied pursuant to the Saskatchewan Insurance Act was allowed changing the beneficiaries from the children of the deceased into the estate of the deceased.
For comments or suggestions, please contact:
| Nigel L. Trevethan Insurance Law Group Chair Harper Grey LLP Barristers & Solicitors |
t: 604.895.2821 |






