
Welcome to the October 2007 Insurance Netletter.
In this issue:
Please contact Nigel Trevethan or any member of our Insurance Practice Group with any questions about the cases in our netletter. A version of this netletter is published twice per month on Quicklaw.
About this Newsletter
The Harper Grey LLP Insurance Netletter provides a monthly review of new cases and emerging issues in Canadian insurance law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.
Automobile insurance
Automobile insurance - Fraud - Statutory provisions - Theft of vehicle - Evidence - False statements
The Accused was found guilty of providing information to ICBC that he knew or ought to have known was false or misleading after the Court determined that the Accused’s statement that he went into a movie theatre to watch a certain film was false. R. v. Fortier, [2007] B.C.J. No. 1882
Homeowner's insurance
Homeowner's insurance - Interpretation of policy - Coverage - Exclusions - Water damage - Mistakes of insured; Policies and insurance contracts - Terms of policy
The Court denied the Insured’s application for coverage pursuant to a Homeowner’s Insurance Policy after finding that the loss caused by the Insured’s mistake in failing to turn his sprinkler system to automatic before leaving on vacation did not fall within the coverage provisions of the Policy. Graham v. Canadian Direct Insurance Inc., [2007] B.C.J. No. 1897
Homeowner's insurance - Interpretation of policy - Coverage - Exclusions - Intentional acts; Property insurance - Arson - Policies and insurance contracts - Terms of policy - Relief against forfeiture
The Insurer’s application for summary judgment was granted after the Court found on a balance of probabilities that the husband of the named Insured deliberately set the fire which destroyed the home. Charles v. Peace Hills General Insurance Co., [2007] A.J. No. 928
For comments or suggestions, please contact:
| Nigel L. Trevethan Insurance Law Group Chair Harper Grey LLP Barristers & Solicitors |
t: 604.895.2821 |






