Atlantic Insurance Counsel - Fall 2004
22-Oct-2004

In this issue:

• Pedestrian Struck on Sidewalk Partly to Blame
• Prescribed Massage Treatments Necessary Medical Services
• Members of Family Household Presumed to have Consent
• New Appeal Court Decisions on Deductibility Favour Auto Insurers
• Operator of Own Uninsured Motorcycle Entitled to Section D Coverage
• No Duty to Investigate Oil Smell - Discoverability Applies to N.S. Insurance Contracts
• Supreme Court of Canada to Decide Whether Vacancy Constitutes Material Change in Risk
• Adjuster's Liability for Bad Faith
• Newfoundland Supreme Court Considers Civil Jury Trials
• Duty to Defend and Duty to Indemnify Separate Obligations
• Attempt to Claim Section B under PEI's Simplified Procedure Rule Unsuccessful
• "Bifurcated" Jury Trial Prevents Potential Prejudice to Insurer
• Treating Surgeon Not Required to Assist Defence  

Download PDF