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Atlantic Insurance Counsel - Spring 2006

Atlantic Insurance Counsel - Spring 2006
12-May-2006

In this issue:

Reminder of Changes to PEI Legislation Affecting Insurers

Newfoundland and Labrador Court of Appeal Clarifies Civil Jury Trial Applications

Duty to Defend: NL Court Takes Flexible Approach to Use of Extrinsic Evidence

Large Awards in Newfoundland and Labrador Motor Vehicle Cases

Onus of Proof Does not Shift for Common Carriers in Negligence Cases

Nova Scotia Supreme Court Holds that Burden of Proof Does not Shift in Common Carrier Cases

Nova Scotia Supreme Court Interprets Insurance Policy Regarding Scope of Coverage

Judge Allows Summary Judgment for Rear-End Collision

Nova Scotia Supreme Court Finds No Section  B Obligation to Pay Additional Funeral Expenses

Settlement Agreement Enforced Against Subrogated Party

New Brunswick Courts Appear to have Expanded the Dominant Purpose Test

Burden of Proof does not Shift with Respect to Section B Benefits

New Brunswick Courts Applies "Inevitable Accident" Doctrine Despite Concern in Respect of 17 Year Old Motor Vehicle

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