When cyber fraud strikes: Delineating coverage if employees are duped

The growth and sophistication of modern fraud and cyber security attacks has necessitated adaptable countermeasures by for-profit and non-profit organizations alike.

Of these countermeasures, the emergence of niche cyber crime/fraud insurance (e.g. cyber liability insurance) has given credence to the ethos that such attacks are not a matter of “if” but “when”. [1] One of the benefits of these forms of insurance is anticipating the pernicious reality of the causes of cyberattacks: vulnerabilities may arise from factors internal to an organization, as much as threats external to it. However, such policies similar to all insurance policies are not without their limits.

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Apportionment of liability under the workers’ compensation scheme in Alberta

McIver v. McIntyre, 2018 ABCA 151 examined the apportionment of liability for damages between multiple defendants where at least one of them is statutorily immune from liability.

The facts

The Defendant, Carlyle McIntyre (McIntyre), took his vehicle into Calgary Propane and Automotive (Calgary Propane) for repairs. A Calgary Propane employee, Lewis Morgan (Morgan), took the vehicle out for a test drive and collided with a vehicle driven by Brent McIver (McIver), causing McIver injuries. Both Morgan and McIver were driving in the course of their employment, but at trial, Morgan’s negligence was found to have caused the collision.

McIver obtained benefits from the Workers’ Compensation scheme under the Alberta Workers’ Compensation Act, RSA 2000, c W-15 (WCA), and the Workers’ Compensation Board (“WCB”) sued McIntyre on the basis that McIntyre was vicariously liable for McIver’s loss as owner of the vehicle under s.

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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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What’s in a name? When is an “unnamed insured” entitled to insurance proceeds?

Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy? In short, it is. Parties who are not a “named insured” under an insurance policy can be eligible to receive insurance proceeds directly as a replacement for lost property that was covered under the policy of insurance. University of Alberta Professor Barbara Billingsley describes “unnamed insureds” as follows:

Named insureds are mentioned by name in the contract as persons to whom insurance proceeds are payable. Typically, named insureds are the purchasers of the insurance. In contrast, unnamed insureds are not mentioned by name in the contract but are entitled to receive insurance benefits because they fall within a particular class of person covered by the contract. 

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Public policy and certainty in insurance coverage: Court of Appeal upholds certainty of terms in Funk v. Wawanesa Mutual Insurance Company

A recent decision of the Court of Appeal of Alberta, Funk v. Wawanesa Mutual Insurance Company, 2018 ABCA 200, has restored certainty for both insurers and insureds in the scope of coverage under standard form automobile insurance policies. Dentons Canada LLP represented Wawanesa in this case. This note is based solely on facts in the public record of the Court.

Facts and the lower court decision

This decision arose out of an action on a SEF 44 Family Protection Endorsement (SEF 44). The Plaintiff, Mr. Funk, was injured in a single-vehicle rollover accident. While driving on a road at night, Mr.

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