Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
Category: Insurance & Coverage Disputes
Interpretation of the "Resulting Damage" Exception to Coverage Exclusions
August 9, 2022
The “Resulting Damage” exception was the focus of the leading insurance coverage decision in Canada, Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. What is the exception and how is it interpreted by Courts?
Insurance Contracts and Promissory Estoppel
June 28, 2022
In reviewing the recent decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, Robyn Graham delves into the concept of promissory estoppel. In an insurance context, estoppel addresses an insurer’s responsibility to honour its original coverage position, and aids in determining the grounds needed for the insurer to deny coverage.
Fortuity as an Essential Element of “All-Risk” Insurance Policies
June 21, 2022
The presence of balance within an insurance agreement is essential as it emphasizes a mutual agreement between both the insurer and the insured - not every loss can be insured and not every recovery is possible. Robyn Graham discusses a variety of key cases involving the requirement of fortuity.
The Interpretation of Exclusion Clauses in Insurance Contracts - Post Ledcor
June 14, 2022
Stemming from the decision made in Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co., a new framework for interpreting exclusion clauses in insurance contracts came to life. Carsten Jensen breaks down how the framework can be applied to a variety of different cases.
Is My Business Covered for Interruption Losses Caused by COVID-19?
April 14, 2020
Ryan Phillips and Maureen McCartney-Cameron tell you what to look for in your insurance coverage.