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Atlantic Insurance Counsel - Fall 2006

In this issue:

Insurer Successful in Avoiding Duty to Defend Where Cause of Action Excluded by Homeowner’s Policy

NS Supreme Court Finds No Causation: Plaintiff’s Present Injuries were not Caused by Rear-end Collision

NS Court Reduces Damages Due to Plaintiff’s Failure to Quit Smoking and Failure to Excercise

Onus on NS Insurance Review Board to Demonstrate Rationale for Rejection of Insurers’ Rate Proposals

NL Court Rules on Advance Payments

Insurer’s Right to Appoint Counsel Not Absolute

Insurer’s Application to Compel Production of Liable Party’s Insurance Certificate Deemed Premature

Changes to NB Rules of Court Affecting Insurers - The Simplified Procedure Rule

Insured Signed Notice of Discontinuance With Knowledge of Insurer’s Intent to Pursue Subrogated Claim - Notice of Discontinuance Set Aside

Ambiguous Exclusionary Provision Insufficient to Excuse Insurer from Duty to Defend

Scope of Coverage: Surveillance Equipment Attached to and Stored Inside Vehicle not Covered by Insurance Policy

Who was Insured Under a Homeowner’s Insurance Policy

New Trial Ordered after Trial Judge Improperly Excluded Surveillance Evidence

Does a Punitive Damages Claim make a Settlement Offer and the Insurer’s Finanial Records Admissible in Evidence?

PEI Supreme Court Dismisses Action Against Driver on a Motion for Summary Judgement

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