Topic
Misrepresentation
289 published works
Media Law Prof Blog
It’s Baaaack…..
The Tenth Circuit has reversed a lower court's dismissal of Proctor & Gamble's lawsuit against an Amway distributor who alleged that the P&G President "worshipped Satan" and plowed profits from…
British Columbia Insurance Blog
Skuratow v. Commonwealth Insurance Co. [2005] B.C.J. No. 2257 British Columbia Court of Appeal
Commonwealth Insurance ("Commonwealth") was successful in appealing a trial decision allowing Skuratow’s claim for the replacement value of his missing truck and trailer where the Court found that Skuratow made…
British Columbia Insurance Blog
Lee v. Canadian Northern Shield Insurance Co. [2005] B.C.J. No. 1715 British Columbia Supreme Court
The insured’s failure to disclose, on an application for property insurance, that he intended to use the house as a rooming house constituted a misrepresentation of a material fact. The…
ContractsProf Blog
Cases: Caveat negotiator
The chief executive of a company may be liable to a contracting party for false statements made during negotiations on behalf of the company, according to a federal district court…
British Columbia Insurance Blog
Metcalfe v. Manufacturers Life Insurance Co. [2004] B.C.J. No. 2415 British Columbia Supreme Court
An insured ("Mr. Metcalfe"), who died of a drug overdose, had purchased a life insurance policy seven years before his death. Although he did not disclose to the life insurance…
British Columbia Insurance Blog
Skuratow v. Commonwealth Insurance Co. [2004] B.C.J. No. 1823 Supreme Court of British Columbia
The insured plaintiff was successful in an action for payment under the policy against the defendant insurer because the insured was found not to have made wilfully misleading statements to…
California Employment Law Update
Employee Who Was Induced To Resign Previous Job Was Entitled To Proceed With Fraud Claim
By Tony Oncidi
Blitz v. Fluor Enterprises, Inc., 115 Cal. App. 4th 185, 8 Cal. Rptr. 3d 833 (2004) Mr. Blitz had been employed in a financial position at Raytheon in New Jersey for 12…
British Columbia Insurance Blog
Moody’s Equipment Ltd. v. Royal and Sun Alliance Insurance Co. of Canada [2004] S.J. No. 113 Saskatchewan Court of Queen’s Bench
The Insured was not entitled to recover against the Insurer or the Brokers for losses arising out of three instances of defective workmanship on reconditioned farm equipment since the CGL…
British Columbia Insurance Blog
Luangphasi v. Good [2003] A.J. No. 1394 Alberta Court of Queen’s Bench
Manitoba automobile insurance purchased by a non-resident of Manitoba is void ab initio, when it is purchased fraudulently by an out of province automobile owner in an attempt to obtain…