On-Risk E-Bulletin @ Gowlings: March 22, 2010
Mondaq Business Briefing › Canada Law Articles in English (2010)
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On-Risk E-Bulletin @ Gowlings: March 22, 2010
Edited by Paul Stein and Tanya Frizzell
Message From The Executive Editors Risk Management - A Hot Topic Alberta Refresher Settlement Under The Minors' Property Act The Alberta Minor Injury Cap - Squeeze Or Cut? Credibility In Personal Injury Actions Paralysis Arising From Genital Herpes Determined Not To Be Loss Sustained Through Accidental Means Insurer Estopped From Denying Coverage Message From The Executive Editors By: Tanya Frizzell , Calgary In this issue of Gowlings' On-Risk E-Bulletin, three professionals from our Montreal office have prepared an article on risk management from the perspective of Board members. Derrick Pagenkopf from the Calgary office provides two articles addressing Alberta personal injury claims. The first discusses the settlement of claims of minors under the Alberta Minors' Property Act. The second examines the two methods of approaching the minor injury cap and whether insurers should "squeeze or cut". Taryn Burnett from the Calgary office provides a commentary on the recent Alberta Court of Queen's Bench decision highlighting the importance of credibility in a personal injury action. In Tavakoli v. Junghans, the trial Judge dismissed the plaintiff's personal injury claim entirely. The recent Supreme Court of Canada decision Co-operators Life Insurance Co. v. Gibbens, addressing the definition of accident in the context of a group life insurance policy, is discussed by Elisa Scali from the Ottawa office. In Gibbens, the Supreme Court of Canada determined that paralysis suff...See the full content of this document
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