Atlantic Insurance Counsel - Summer 2003
21-Jul-2003

In this issue:

• David Miller, Q.C. receives Lee Samis Award of Excellence
• SEF 44 coverage allowed despite "limits agreement" between insured and third party
• Uniformity across Canada re loss of future earnings claims under Survival of Actions legislation
• Ontario Court rules that imposition of Social Host Liability should be left to legislature
• Supreme Court of Canada rules on the meaning of death effected through "accidental means"
• Disclosure of video surveillance not required if purpose is cross-examination
• Court order disclosure of lawyer’s letter to expert regarding expert’s draft report
• "Material change in risk" need not occur at the time of loss
• P.E.I. Supreme Court Rejects Section B Claim
• P.E.I. Court upholds insurer’s denial of claim in fire loss
• Nfld. Supreme Court awards aggravated damages against insurer
• N.B. Court strikes bad faith claim that was not supported by facts in Statement of Claim
• Supreme Court of Canada to hear marine insurance case
• Nfld. Supreme Court rejects claim for chronic pain on basis of causation
• Nfld. Supreme Court rules on driver’s duty of care in "whiteout" conditions
• N.B. Court of Appeal overturns Graham v. Hill

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