Defence & Indemnity - February 2017

1. INSURANCE ISSUES

   1. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer's obligations, the court can and will award the insured a complete indemnity for both defence expenses already incurred and the expense of enforcing compliance with the policy terms.

   Williams v. Canales, 2016 BCSC 1811 per Blok, J. [4215]

   Read More B. The wording "as a result of a peril insured against" in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code) but will not include damage or perils that were simply discovered due to...