Atlantic Insurance Counsel - Spring 2005
27-Apr-2005

In this issue:

• Judges Can Grant Relief from Statutory Conditions in Insurance Policies - Supreme Court of Canada Rules
• Much Awaited NB Decision Will Assist Adjusters Handling Low Impact MVA Files
• Out-of-Province Section B Loss of Income Payments Deductible Under NB's Insurance Act
• Motor Vehicle Collision with Livestock Injures Plaintiff - Does New Brunswick's Cap on Damages Apply?
• Has the Consent Exception to Insurer Liability All but Disappeared?
• Newfoundland Plaintiff Assumed Risk of Parking Lot in Adverse Weather
• Parties Equally at Fault in MVA Each Recover 50% of Damages and Costs
• Supreme Court of Canada Rules on Taxability of Disability Insurance Settlements
• PEI Supreme Court Upholds Right to Jury Trial in Action Versus Shell
• PEI Supreme Court Discusses Divided Disclosure of Documents
• Discoverability Rule Applies to NS Insurance Contracts
• Loss of Housekeeping Capacity and Diminished Earning Capacity Awards Require Firm Evidentiary Foundations - NS Court of Appeal Confirms

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