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Issue 269

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January 2021

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Who We Are Expertise Contact

In Brief

Newsletter

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For years Foster & Company has published its newsletter, In Brief, to assist insurance industry professionals in their efforts to keep informed of the latest developments in the law.

Hi <<First Name>>,

Welcome January! What a wonderful time to spend some time outside social distancing and playing in the snow!

Our first case this month is from New Brunswick and deals with a French insurance providing broader coverage than the English version. Our second case is from Ontario and deals with the “race” and “speed test” policy exclusions. Our third case this month is also from Ontario and deals with a situation in which there are two applicable insurance policies.

Congratulations to our December Newsletter Reader of the Month, Nathalie from Co-operators in Moncton. Nathalie is the winner of some Foster & Company merch!

If you would like a chance to become our next Reader of the Month, please email this month’s newsletter editor Matthew Pearn (matthew.pearn@fosterandcompany.com) by January 12th with your answer to the following question:

In our second case, how fast was the insured driving?

a) 205-215 kmh
b) 198-215 kmh
c) 160-185 kmh
d) 265-285 kmh.

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Foster & Company continues to be distinguished by A.M. Best Company as Recommended Insurance Attorneys.

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When insurance policy’s French version is different than its English version, insurer must cover insured pursuant to the broader version of the two.

Chiasson v. Intact Insurance Co., 2020 NBCA 37

Read time: 3 - 4 minutes

By Médérik Ménard
 

The insurer, Intact Insurance Co., issued a Homeowners Broad Form policy to the insureds, whose son was also an insured under the policy.

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Insured’s excessive speed alone does not constitute “race” or “speed test”

Vyas v. Brown, 2020 ONSC 4916

Read time: 1-2 minutes

By Médérik Ménard
 

The insured was driving on highway 400 in Ontario at a speed between 198 – 215 km per hour when he struck another vehicle, injuring the passengers in the other vehicle. The insured was charged and pled guilty to dangerous driving causing death.

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When there are two applicable insurance policies, who has a duty to pay defence costs?

Markham (City) v. AIG Insurance Co. of Canada, 2020 ONCA 239

Read time: 1-2 minutes

By Médérik Ménard
 

On May 7, 2016, the Plaintiff PK Construction bought a 1997 Bluebird bus. It was purchased by the Plaintiff business to transport workers to job sites and was bought to replace a Ford Cutaway Van that had previously been used by the business to transport tools and workers.

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The information contained within In Brief is not intended as legal advice, but rather is general information on the law. If you wish to discuss legal matters or obtain the full text of cases, please contact Foster & Company. Our full disclaimer can be found here.

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