Insights

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.

Articles in: Insurance & Coverage Disputes

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.

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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.

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