Topic
Subrogation
278 published works
British Columbia Insurance Blog
Certas Direct Insurance v. Strifler [2005] O.J. No. 4293 Ontario Superior Court of Justice
An Insurer is entitled to recover from the driver of a motor vehicle monies paid out under a policy of insurance for the damages caused to that motor vehicle where…
British Columbia Insurance Blog
Langdon v. Hudson Bay Transport Co. [2005] S.J. No. 599 Saskatchewan Court of Queen’s Bench
The Proof of Loss contained a clause which dealt with the transfer of rights of recovery to the insurer. The Court held that even if the clause amounted to an…
British Columbia Insurance Blog
North Newton Warehouses Ltd. v. Alliance Woodcraft Manufacturing Inc. [2005] B.C.J. No. 1243 British Columbia Court of Appeal
The British Columbia Court of Appeal held that the landlord (in a subrogated action by its insurer) was precluded by the terms of the lease from advancing a claim for…
British Columbia Insurance Blog
Sooter Studios Ltd. v. 74963 Manitoba Ltd. (c.o.b. as Sooter Bridal Salon) [2005] M.J. No. 194 Manitoba Court of Queen’s Bench
The Court held that because the landlord did not covenant to insure the property, the landlord’s insurer was entitled to bring a subrogated claim as against the tenant for damages…
British Columbia Insurance Blog
Protrux Systems Inc. v. Insurance Corp. of British Columbia [2004] B.C.J. No. 1967 British Columbia Supreme Court
British Columbia’s statutory automobile insurance is generally the primary insurance for damage to property resulting from an automobile accident. Where the damage results from the abandonment of a trailer truck’s…
British Columbia Insurance Blog
Freudmann-Cohen v. Tran [2004] O.J. No. 1699 Ontario Court of Appeal
This was an Appeal by the third party Pizza Nova of the dismissal of its motion for summary judgment. The Plaintiff Freudmann and Defendant Tran were in an MVA. Freudmann…
British Columbia Insurance Blog
Hosseini-Nejad v. Insurance Corp. of British Columbia [2003] B.C.J. No. 2887 British Columbia Court of Appeal
This was an appeal by the Insurance Corp. from British Columbia ("ICBC")of a trial decision lifting a stay of execution on a judgment obtained by Mr. Hosseini against ICBC. The…
Constructlaw®
Delaware Court Holds Completing Surety’s Right of Equitable Subrogation Arises Before Completion of Contract
By Constructlaw
Travelers Cas. and Sur. Co. of Am. v. Colonial Sch. Dist. et. al. No. 18167, 2001 Del. Ch. LEXIS 31 (Del. Ch. Mar. 16, 2001) Travelers Casualty and Surety Company…