Insurance
Insurance

At McInnes Cooper, our team of defence lawyers can provide you with legal advice with a strong industry focus, as well as service in both English and French (an essential element of our work in New Brunswick where the law requires representation and documentation must be available in either or both official languages).

 

You can rely on our comprehensive legal services in all areas of insurance law:

 

Property & Casualty

 

  • Personal Lines
  • Accident benefits
  • Bodily injury third party claims
  • Coverage
  • First party property
  • Liability
  • Auto – MVA
  • Subrogation

 

Commercial Lines

 

  •  CGL
  • Environmental
  • Special risks
  • Subrogation
  • E & O
  • D & O
  • Municipal officers
  • Business interruption
  • Fidelity
  • First party property
  • Coverage
  • Surety and bonding
  • Life, health and accident insurance

 

Policy interpretation – coverage

 

  • Defence representation

 

Our experience is as varied as dealing with fish stock mortality claims in the aquaculture industry to successfully litigating cases of fire losses allegedly caused by commercial activity, from handling surety bond claims in construction to defending professional reputations.

 

We are up to date on the very latest developments in the insurance field and regularly provide industry updates, legal intelligence and advice through our publication D-Fence Bulletin. We also provide continuing in-house legal education seminars to clients exploring existing and emerging trends.

Aviva Insurance Company of Canada v. Hubert Thomas
November  6, 2011

When is a change of risk insufficient to allow denial of coverage?   This issue was addressed and answered by the New Brunswick Court of Appeal in Aviva Insurance Company of Canada v. Hubert Thomas, 2011 NBCA 96.   Initially, one might think the change in risk occasioned by the installation of a wood burning

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Liability for Resulting Damage – A Snapshot of the Most Recent Jurisprudence
May  6, 2011

Progressive Homes Inc. v. Lombard General Insurance Company of Canada and Bulldog Bag Ltd. v. AXA Pacific Insurance Company     The recent decision by the Supreme Court of Canada (per: Rothstein, J.) in Progressive Homes Inc. v. Lombard General Insurance Company of Canada has given Commercial General Liability insurers pause to consider just how

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NB’s New Limitation Periods Effective May 1, 2012
April 27, 2012

Effective May 1, 2012, New Brunswick’s new limitation of actions legislation will take full effect, with a significant impact on any parties engaged in litigation in New Brunswick.   Parties with existing or potential claims should review the changes under the new legislation and deal with any affected claims – both those you may have

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Newfoundland Police to Complete New Vehicle Collision Report Form
February 23, 2012

Effective January 1, 2012, the Newfoundland and Labrador Department of Transportation and Works will require that Police Officers complete a new Vehicle Collision Report Form (VCR Form) when investigating a motor vehicle accident. The new form could offer a significant amount of information to parties involved in litigation arising from motor vehicle accidents. For example,

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Ontario Court Refuses to Apply “Stonewall Principle”
February 23, 2012

The Ontario Superior Court of Justice recently declined to adopt the American “Stonewall Principle” as part of the law of Ontario.   The “Stonewall Principle” asserts that in cases involving multiple insurance policies, the insured should not be held responsible for years during which it could not purchase insurance due to the unavailability of the

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Professional Negligence for Realtors – A Rising Tide
May  6, 2011

Earlier this year, the Ontario Court of Appeal reversed the Superior Court of Justice’s decision in Krawchuk v. Scherbak. The Court’s reasoning appears to send a signal that real estate professionals will be held to a higher standard of care than has, to date, been enforced against them.   The case of Krawchuk v. Scherbak

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