Co-operators General Insurance Company v. Kane, 2017 BCSC 1720
| Jurisdiction | British Columbia |
| Judge | Fitzpatrick |
| Citation | 2017 BCSC 1720 |
| Docket Number | S164393 |
| Court | Supreme Court of British Columbia (Canada) |
| Date | 27 September 2017 |
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15 practice notes
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Stewart v. Lloyd's Underwriters, 2022 BCCA 84
...2017 BCSC 1872] awarded special costs. The judges in the case at bar, Tanious and [Co-operators General Insurance Company v. Kane, 2017 BCSC 1720] awarded either a full indemnity or costs on a solicitor-and-own-client basis. As noted in para. 64 above, a judge cannot impose costs sanct......
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West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2017 BCSC 2397
...the interpretation of insurance contracts, including exclusion clauses.[52] This includes Co-operators General Insurance Company v. Kane, 2017 BCSC 1720, wherein Justice Fitzpatrick helpfully summarized the generally-accepted interpretive framework:[19] … well-known principles relating to t......
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KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd., 2022 BCSC 1652
...the question posed on this application were conveniently summarized by Fitzpatrick J. in Co-operators General Insurance Company v. Kane, 2017 BCSC 1720, as [19] These well-known principles relating to the interpretation of insurance policies can be summarized a......
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Sellappah v. Ivanhoe Cambridge Inc., 2022 BCSC 1258
...I addressed the correct approach in the past in Co‑operators General Insurance Company v. Kane, 2017 BCSC 1720 [Kane]. The relevant principles that equally apply here are set out at para. 20 of Kane. In summary, when considering whether there is a duty to defend prior to any dec......
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9 cases
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Stewart v. Lloyd's Underwriters, 2022 BCCA 84
...2017 BCSC 1872] awarded special costs. The judges in the case at bar, Tanious and [Co-operators General Insurance Company v. Kane, 2017 BCSC 1720] awarded either a full indemnity or costs on a solicitor-and-own-client basis. As noted in para. 64 above, a judge cannot impose costs sanct......
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West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2017 BCSC 2397
...the interpretation of insurance contracts, including exclusion clauses.[52] This includes Co-operators General Insurance Company v. Kane, 2017 BCSC 1720, wherein Justice Fitzpatrick helpfully summarized the generally-accepted interpretive framework:[19] … well-known principles relating to t......
-
KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd., 2022 BCSC 1652
...the question posed on this application were conveniently summarized by Fitzpatrick J. in Co-operators General Insurance Company v. Kane, 2017 BCSC 1720, as [19] These well-known principles relating to the interpretation of insurance policies can be summarized a......
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Sellappah v. Ivanhoe Cambridge Inc., 2022 BCSC 1258
...I addressed the correct approach in the past in Co‑operators General Insurance Company v. Kane, 2017 BCSC 1720 [Kane]. The relevant principles that equally apply here are set out at para. 20 of Kane. In summary, when considering whether there is a duty to defend prior to any dec......
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6 firm's commentaries
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Intentional Acts, Artful Pleading And The Duty To Defend In British Columbia
...recent Supreme Court of British Columbia case of Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 confirms the broad manner in which British Columbia courts interpret the duty to defend, and the extent to which that duty can be established by carefully crafted pleadings contai......
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Case Summary: Co-operators General Insurance Company v. Kane
...not committed with the same intention or state of mind, being to injure the complainant". Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 per Fitzpatrick, J. FACTS AND ISSUES Co-operators General Insurance Company ("Co-Operators") insured Kane under a standard printed form "H......
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Special Costs Not Necessarily Recoverable When Court Finds A Duty To Defend
...to award special costs against the defendant insurers, the Supreme Court relied on Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 ("Kane"), which cited two other British Columbia cases, as well as additional authorities from across The Chambers judge found that she was bound......
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MacFarlane v. Canadian Universities Reciprocal Insurance Exchange Should A Professor Warning Others Of A Sexual Predator Colleague Be Covered By Her Employer University's Liability Policy?
...to the plaintiff's originating pleadings (Bacon v. McBride, 1984, I.L.R. para. 1-1776, Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 at para 20). In this case, the pleadings satisfied this well established test. The court concluded there was at least a mere possibility that......
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