Haraba v Wawanesa Mutual Insurance Company (The),, 2017 ABQB 190

JudgeShelley
Subject MatterINSURANCE
Citation2017 ABQB 190
CourtCourt of Queen's Bench of Alberta (Canada)
Date21 March 2017
Docket Number1514 00288
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4 practice notes
  • Fire Losses And Investigations
    • Canada
    • Mondaq Canada
    • October 2, 2017
    ...must comply with the requirements prescribed in the regulations. As discussed at paragraph 17 of Haraba v Wawanesa Mutual Insurance Co., 2017 ABQB 190, this legislation effectively abrogates the majority decision in Scott and adopts La Forest J.'s reasoning in the minority judgment. When da......
  • Abbas v Esurance Insurance Company of Canada,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 21, 2021
    ...right of the insured to recover indemnity is forfeited. [37] The word “or” in section 554 (1) has significance. In Haraba v Wawanesa Co., 2017 ABQB 190 at para 8, the court stated that a claim will be invalid and the right to recover indemnity forfeited, if among other things, the applicant......
  • Defence & Indemnity - June 2017 : I. INSURANCE ISSUES A. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per Shelley, J. [4225]
    • Canada
    • JD Supra Canada
    • July 14, 2017
    ...Insurance Company (The), 2017 ABQB 190, per Shelley, J. [4225] I. FACTS AND ISSUES Haraba was the primary driver of a vehicle and the sole insured under an auto policy issued by Wawanesa. When her live-in boyfriend Gardiner could not obtain a loan because of poor credit, she purchased a tru......
  • Defence & Indemnity - June 2017
    • Canada
    • Mondaq Canada
    • July 14, 2017
    ...of one co-insured will not render the coverage of an innocent co-insured voidable. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per Shelley, J. Read More In Alberta an insured's settlement with a third party which releases the third party does not preclude the insured's......
1 cases
  • Abbas v Esurance Insurance Company of Canada,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 21, 2021
    ...right of the insured to recover indemnity is forfeited. [37] The word “or” in section 554 (1) has significance. In Haraba v Wawanesa Co., 2017 ABQB 190 at para 8, the court stated that a claim will be invalid and the right to recover indemnity forfeited, if among other things, the applicant......
3 firm's commentaries
  • Fire Losses And Investigations
    • Canada
    • Mondaq Canada
    • October 2, 2017
    ...must comply with the requirements prescribed in the regulations. As discussed at paragraph 17 of Haraba v Wawanesa Mutual Insurance Co., 2017 ABQB 190, this legislation effectively abrogates the majority decision in Scott and adopts La Forest J.'s reasoning in the minority judgment. When da......
  • Defence & Indemnity - June 2017 : I. INSURANCE ISSUES A. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per Shelley, J. [4225]
    • Canada
    • JD Supra Canada
    • July 14, 2017
    ...Insurance Company (The), 2017 ABQB 190, per Shelley, J. [4225] I. FACTS AND ISSUES Haraba was the primary driver of a vehicle and the sole insured under an auto policy issued by Wawanesa. When her live-in boyfriend Gardiner could not obtain a loan because of poor credit, she purchased a tru......
  • Defence & Indemnity - June 2017
    • Canada
    • Mondaq Canada
    • July 14, 2017
    ...of one co-insured will not render the coverage of an innocent co-insured voidable. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per Shelley, J. Read More In Alberta an insured's settlement with a third party which releases the third party does not preclude the insured's......

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