What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy. Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to […]read more
Insurance litigation Case Law Updates from across the region.
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In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for general limitation periods, a claim is […]read more
Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017. The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection of assets for victims of intimate partner violence.read more