Determining Insurer Liability: A Borrowed Car

In the recent decision, Tokio Marine & Nichido Insurance Company v. Security National Insurance Company, 2019 ABQB 622, the Alberta Court of Queen’s Bench (the “Court”) heard an appeal of a Master’s of an application for an order declaring that another insurer had a duty to defend a motorist involved in an accident. This is an important decision for insurers as it provides an examination of a unique factual scenario where there was overlapping insurance coverage.

The Facts

On June 4, 2016, Ms. Sran drove a vehicle owned by Mr. Gill (the “Gill Vehicle”), to an Acura dealership in Calgary, Alberta (the “Dealership”), for servicing.

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When a cancellation isn’t a cancellation: Cancelling an insurance policy under the Alberta Insurance Act

When it comes to cancelling an insurance policy, both insurers and insureds need to complete the mandated steps; otherwise, they could potentially face a dispute as to whether or not coverage should occur.

The recent decision from Justice Warren of the British Columbia Supreme Court in McBrien v. Insurance Corporation of British Columbia, 2018 BCSC 553 reinforces the need for attention to all the details when it comes to cancelling an insurance policy.

The facts

On June 30, 2007, the plaintiffs in the action were injured in a single vehicle car accident that occurred in Port Coquitlam, British Columbia. Both plaintiffs were owners named in an owner’s certificate issued by the Insurance Corporation of British Columbia (ICBC), which entitled them to third-party liability coverage under the Insurance (Vehicle) Regulation, BC Reg.

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