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Dolden Wallace Folick LLP publishes a monthly Insurance Law Update, covering recent legal developments of interest to the insurance industry. On this page you can browse our current and many of our past issues. New issues are also distributed by electronic mail; if you are not already receiving the Update, we invite you to subscribe, at no cost, by completing the subscription form below.

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Newsletter Archive 

Subject Published Date Hits
"Anti-Subrogation Rule" Reaffirmed2007-12-07144
"Faulty or Improper Design" Exclusion in Builders All Risk Policy2007-06-12164
"First Past the Post" Allocation of Policy Limits Affirmed for Non-Automobile Claims in British Columbia2006-11-17127
"That's Not What We Meant" - Rectification of Insurance Contracts in British Columbia2010-03-103
Adjusters are Agents of the Insured in Retaining Remediation Contractors2008-03-07147
Amending the Standard Form of Professional Services Contracts2005-02-04234
Appeal Court Upholds Denial of Coverage to General Contractor: Progressive Homes Ltd. v. Lombard General Ins. Co., 2009 BCCA 4392009-04-03226
Attention Property Insurers2005-07-08136
Auto policy insurers may be called upon to indemnify plaintiffs in cases that appear to be unrelated to motor vehicle accidents2005-09-09152
B.C. "Caps" Vehicle Lessors“ Vicarious Liability Exposure2007-08-03154
BC Courts Apply Swagger2007-05-17153
BC Supreme Court Provides Further Direction on Voiding a Policy for Non-Disclosure2008-02-02157
Breach of Statutory Condition2005-03-04160
British Columbia Move to Recover Health Care Costs in Personal Injury Litigation 2008-10-21200
British Columbia now Requires Disclosure of Insurance Policies2007-07-06135
British Columbia's New Rules of Court Approach Completion2009-03-03202
Can a Defendant Avoid Costs in Supreme Court Actions when Damages are Within New Provincial Court Limits?2006-03-03133
Caution to Primary Risk Insurers in Cases Where an Excess Insurer may be at Risk2005-08-05146
CGL Policies may be Required to Provide Coverage for Liability Imposed by New Home Warranty Legislation2005-12-02183
Commencing a New Action After an Application to Add a Defendant to Existing Litigation is Denied2007-09-07154
Concurrent Cause: Derksen Revisited2007-02-09147
Contract Governs Allocation of Cost Relating to "Mixed" Claims in CGL Policy: Hanis v. Teevan, 2008 ONCA 6872008-11-03189
Defining the Scope of the Duty to Defend "Additional Insureds" - Liu v. Chu, 2009 BCSC 7532009-07-07256
Eliminating a "Leaky Building Case" in British Columbia: Six Year Contractual Limitation Periods Can Work2007-04-12148
Faulty Design Exclusion in Builders All Risk Policy does not apply where design is "State of the Art": CNR v. Royal and Sun Alliance, 2008 SCC 662008-11-26180
Fortuity or Susceptibility - the British Columbia Court of Appeal Confirms that an Insurer is not Liable to Indemnify Under an All Risks Policy for Damage Resulting from an Inherent Nature or Suscepti2006-09-05128
Forum Shopping on Coverage Issues South of the 49th Parallel2007-04-10127
General liability insurers in British Columbia do not have to defend on "leaky building lawsuits" if the insured is a general contractor: The Shifting Judicial Tide2005-09-19130
How Many "Grow-Ops" Make an "Occurrence"? Strata Plan LMS 3904 v. Commonwealth Ins. Co., 2009 BCSC 6132009-05-31200
Innocent Co-Insureds May Receive Coverage, Despite Intentional Acts of Other Insureds2009-01-09214
Interpreting the All-Risk Policy in First Party Claims For Damage to Buildings2006-04-13145
Is Reckless Conduct an "Accident", "Occurrence", or "Intentional Act"?2009-09-16418
Is Swagger Construction Still Good Law? A Discussion of the Impact of the Ontario C.A. Decision in Bridgewood Building Corp.2006-05-05135
Is the "Last Chance" Doctrine Really Dead? BC Court of Appeal Considers2006-01-06136
Landmark Secondary Market Liability Class Action Certified Against Directors and Officers: Silver v. IMAX Corporation2010-01-29345
Municipal liability: Can a municipality avoid a duty of care by requiring professional certification of construction projects?2006-02-10138
Must An Insurer Pursue A Third Party Claim By One Of Its Insureds Against Another Insured?2009-10-21699
New Rules Affecting Commercial Liquor Hosts in 2009: British Columbia's Security Services Act2009-03-06204
Parenting as an Intervening Cause? Hussack v. Chilliwack School District No. 33, 2009 BCSC 8522009-08-14268
Parents Unable to Waive Child's Right to Sue in Tort: Wong v. Lok's Martial Arts Centre Inc., 2009 BCSC 13852009-12-16387
Plaintiff's Facebook Page Discoverable: Leduc v. Roman, 2009 CanLII 6838 (ON.S.C.)2009-05-10211
Privacy Issues and the Perils of Marijuana Grow Operations2005-06-03114
Recent Commercial Liquor Liability Decisions2005-04-08152
Recent Ontario Court of Appeal Case in Keays v. Honda Canada Inc. Has Big Implications for Employment Practices Liability Insurers2006-12-01144
Reducing Legal Costs2005-05-06141
Rule 37B and the Uncertain Future of Formal Offers to Settle2008-10-03206
SCC Strengthens Test for Confirmation of a Cause of Action2005-11-04140
Solicitor-Client Privilege and Litigation Privilege - What is Exempt from Disclosure, and for How Long?2006-10-17145
Supreme Court Affirms Foreseeability Principle: Mustapha v. Culligan of Canada Ltd., 2008 SCC 272008-06-06211
Supreme Court of Canada Confirms the "But For" Test for Causation2007-03-02166
The S.C.C. Rules that an Insurer is Under no Duty to Defend Pursuant to a Claims-made Policy Where a Potential Claim is Discovered but no Claim is Actually Asserted During the Policy Period2006-08-04132
The S.C.C. Rules that Damages for Mental Distress for Breach of Contract are recoverable in some circumstances2006-07-07134
The S.C.C. Rules that there is no General Duty of Care Owed by Social Hosts to Third Parties for the Acts of Intoxicated Guests2006-06-09121
The Supreme Court of Canada Rules on Liability Coverage for Loss "Arising Directly or Indirectly from the use or Operation of a Motor Vehicle"2007-11-02131
Winds of Change are Blowing for Supreme Court Proceedings in British Columbia2007-10-05143