Landmark Facts

Question 1

Whiten v Pilot Ins Co - Facts

Answer 1

• family house burns down
• insurer pays for temporary shelter, then suddenly ceases payments
• insurer claims that they are not liable due to arson, but don’t provide any evidence to support arson

Question 2

Somersall v Scottish & York - Facts

Answer 2

• the victim is severely injured by UNDER-insured driver
• the injured party and the tortfeasor sign a limits agreement up to the tortfeasor’s limits
• the injured then claimed against their OWN insurer for the excess beyond the limits agreement
• the injured party’s own insurer denies the claim

Question 3

Sansalone v Wawanesa - Facts

Answer 3

• BC transit bus driver sexually abused a teenager

- Wawanesa DENIED defence and coverage: policy terms exclude bodily injury caused intentionally

Question 4

Nichols v American Home Insurance - Facts

Answer 4

• a solicitor was accused of fraud but found innocent
• the solicitor sought defence costs from a professional liability insurer
• the insured’s claim was denied

Question 5

Alie v Bertrand Frere Construction - Facts

Answer 5

There was defective concrete that required the replacement of the basements of 137 houses that were built between 1986 and 1992.

Question 6

Precision Plating v Axa Pacific Insurance - Facts

Answer 6

• the insured had a fire on their premises causing the release and contamination of pollutants on neighbouring properties

Question 7

Amos v ICBC - Facts

Answer 7

• the insured, Amos, was shot by a gang in California (while driving)
• claims no-fault benefits against his BC auto policy

Question 8

KP Pacific v Guardian - Facts

Answer 8

• there was a hotel fire
• the proof of loss was submitted within 1 year of the fire
• the claim was submitted under the ‘all-risk’ category
  i) within 1 year of the proof of loss
  ii) but MORE than 1 year after the fire
• the insurer rejects the claim under Part 5 of the BC Insurance Act

Question 9

Resurfice Corp v Hanke - Facts

Answer 9

• Hanke was badly burned in a Zamboni accident: so he sued the manufacturer
• Hanke claimed: the gas and water tanks looked similar & were easily confused

Question 10

Morrow v Zhang (AB 2004) - Facts

Answer 10

• Alberta introduced legislation to address (availability and affordability)
• trial challenged the constitutionality of a $4K cap on non-pecuniary damages for minor injuries

Question 11

Aviva v Pastore - Facts

Answer 11

• victims sustained severe complications from a motor vehicle accident
• sought for catastrophic impairment designation for their injuries
• Aviva rejected the CAT impairment designation

Question 12

Kusnierz v Economical - Facts

Answer 12

The insured is injured in an accident and claims enhanced benefits under SABS (Statutory Accident Benefits Schedule) for ‘catastrophic impairment’.

Question 13

Belanger v Sudbury - Facts

Answer 13

A 20-year old woman is catastrophically injured in a head-on collision with an oncoming school bus due to an icy road in Sudbury.

Question 14

• family house burns down
• insurer pays for temporary shelter, then suddenly ceases payments
• insurer claims that they are not liable due to arson, but don’t provide any evidence to support arson

Answer 14

Whiten v Pilot Ins Co

Question 15

• the victim is severely injured by UNDER-insured driver
• the injured party and the tortfeasor sign a limits agreement up to the tortfeasor’s limits
• the injured then claimed against their OWN insurer for the excess beyond the limits agreement
• the injured party’s own insurer denies the claim

Answer 15

Somersall v Scottish & York

Question 16

• BC transit bus driver sexually abused a teenager

- Wawanesa DENIED defence and coverage: policy terms exclude bodily injury caused intentionally

Answer 16

Sansalone v Wawanesa

Question 17

• a solicitor was accused of fraud but found innocent
• the solicitor sought defence costs from a professional liability insurer
• the insured’s claim was denied

Answer 17

Nichols v American Home Insurance

Question 18

There was defective concrete that required the replacement of the basements of 137 houses that were built between 1986 and 1992.

Answer 18

Alie v Bertrand Frere Construction

Question 19

• the insured had a fire on their premises causing the release and contamination of pollutants on neighbouring properties

Answer 19

Precision Plating v Axa Pacific

Question 20

• the insured, was shot by a gang in California (while driving)
• claims no-fault benefits against his auto policy

Answer 20

Amos v ICBC

Question 21

• there was a hotel fire
• the proof of loss was submitted within 1 year of the fire
• the claim was submitted under the ‘all-risk’ category
  i) within 1 year of the proof of loss
  ii) but MORE than 1 year after the fire
• the insurer rejects the claim under Part 5 of the BC Insurance Act

Answer 21

KP Pacific v Guardian

Question 22

• the plaintiff was badly burned in a Zamboni accident: so he sued the manufacturer
• the plaintiff claimed: the gas and water tanks looked similar & were easily confused

Answer 22

Resurfice Corp v Hanke

Question 23

• Alberta introduced legislation to address (availability and affordability)
• trial challenged the constitutionality of a $4K cap on non-pecuniary damages for minor injuries

Answer 23

Morrow v Zhang (AB 2004)

Question 24

• victims sustained severe complications from a motor vehicle accident
• sought for catastrophic impairment designation for their injuries
• Insurer rejected the CAT impairment designation

Answer 24

Aviva v Pastore

Question 25

The insured is injured in an accident and claims enhanced benefits under SABS (Statutory Accident Benefits Schedule) for ‘catastrophic impairment’.

Answer 25

Kusnierz v Economical

Question 26

A 20-year old woman is catastrophically injured in a head-on collision with an oncoming school bus due to an icy road in Sudbury.

Answer 26

Belanger v City of Sudbury