Davidson v. Wawanesa Insurance Co., 2015 BCSC 1383
| Jurisdiction | British Columbia |
| Judge | Fitzpatrick, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | INSURANCE,PRACTICE,CRIMINAL LAW,EVIDENCE |
| Citation | 2015 BCSC 1383,[2015] B.C.T.C. Uned. 1383,[2015] B.C.T.C. Uned. 1383 (SC) |
| Date | 10 August 2015 |
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5 practice notes
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Fire Losses And Investigations
...it was "unjust and unreasonable" to terminate the contract. Another example of this can be found in Davidson v Wawanesa Insurance Co., 2015 BCSC 1383, where the Insurer denied coverage on the basis of misrepresentation and material change after arson resulted in the loss of an insured resid......
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Drechsler v. Canadian Northern Shield Insurance Company,
...clauses do not apply, ostensibly for the same reasons as this Court rejected similar arguments in Davidson v. Wawanesa Insurance Company, 2015 BCSC 1383. Was there a material change in risk? Legal test [31] The parties agree on the legal test to be ......
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Legalization Of Cannabis: Upping The Risk Factor
...higher risk of damage due to fire, moisture, mould, electrical failure, and theft. For instance, in Davidson v Wawanesa Insurance Co., 2015 BCSC 1383 it was found that the presence of a cannabis grow operation was a change material to the risk under the policy. Would growing a legal amount ......
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Agricultural Law NetLetter - Friday, August 21, 2015 - Issue 330
...Court of British Columbia) ** NEW CASE LAW ** Davidson v. Wawanesa Insurance Co.; CALN/2015-019, Full text: [2015] B.C.J. No. 1701; 2015 BCSC 1383, Supreme Court of British Columbia, S.C. Fitzpatrick J., August 10, Insurance -- Exclusion for "Farming" -- Whether Marijuana Growing Operations......
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2 cases
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Drechsler v. Canadian Northern Shield Insurance Company,
...clauses do not apply, ostensibly for the same reasons as this Court rejected similar arguments in Davidson v. Wawanesa Insurance Company, 2015 BCSC 1383. Was there a material change in risk? Legal test [31] The parties agree on the legal test to be ......
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Schellenberg v. Wawanesa Mutual Insurance Company, 2019 BCSC 196
...insurer of a material change in risk (at para. 23, Hutcheon J.A.). [76] Wawanesa also relies upon Davidson v. Wawanesa Insurance Company, 2015 BCSC 1383, to argue statutory condition 4 does not require an insurer to establish the insured knew the change in risk was material. In Davidson, ar......
3 firm's commentaries
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Fire Losses And Investigations
...it was "unjust and unreasonable" to terminate the contract. Another example of this can be found in Davidson v Wawanesa Insurance Co., 2015 BCSC 1383, where the Insurer denied coverage on the basis of misrepresentation and material change after arson resulted in the loss of an insured resid......
-
Legalization Of Cannabis: Upping The Risk Factor
...higher risk of damage due to fire, moisture, mould, electrical failure, and theft. For instance, in Davidson v Wawanesa Insurance Co., 2015 BCSC 1383 it was found that the presence of a cannabis grow operation was a change material to the risk under the policy. Would growing a legal amount ......
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Agricultural Law NetLetter - Friday, August 21, 2015 - Issue 330
...Court of British Columbia) ** NEW CASE LAW ** Davidson v. Wawanesa Insurance Co.; CALN/2015-019, Full text: [2015] B.C.J. No. 1701; 2015 BCSC 1383, Supreme Court of British Columbia, S.C. Fitzpatrick J., August 10, Insurance -- Exclusion for "Farming" -- Whether Marijuana Growing Operations......