News and Decisions

Insurer forced to pay out claim after failing to prove arson

An insurer needs more than suspicion to deny homeowners coverage in cases of suspected arson, Vancouver personal injury lawyer Sean Lerner tells AdvocateDaily.com. Read Full Story

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B.C. decision links mild TBI to plaintiff’s early onset dementia

In a rare move, the Supreme Court of British Columbia awarded a man almost $1.3 million in damages arising out of a motor vehicle accident where he suffered a mild traumatic brain injury which resulted in early onset dementia, Vancouver personal injury lawyer Sean Lerner tells AdvocateDaily.com. Read Full story

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B.C. follows Ontario’s lead on family exclusion

The British Columbia Court of Appeal’s interpretation of a family member exclusion clarifies the law in that province, but not to the benefit of policyholders, says Vancouver insurance lawyer Sean Lerner. Read full story

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Vague allegations assist hockey player in faceoff with insurer

A recent B.C. Supreme Court decision demonstrates how broadly courts will interpret pleadings when ruling on an insurer’s duty to defend, says Vancouver insurance lawyer Sean Lerner.

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Insurer to pay $180G medical tab after exclusion read narrowly

A judge’s order that an insurance company pick up the $180,000 tab for a man’s foreign medical costs shows courts’ willingness to read exclusionary clauses narrowly.

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Unclear Language Renders Exclusion Unenforceable

Ambiguously worded exclusions give policyholders a route to challenge coverage denials, says Vancouver insurance lawyer Sean Lerner

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Diagnosed Illness Not Needed For Mental Injury Damages

A Supreme Court of Canada judgment changes the conventional legal wisdom around the availability of damages for mental injuries, says Vancouver insurance lawyer Sean Lerner.

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Delayed Payment Costs Insurer

An Ontario case shows the danger to insurers for delaying payment of claims involving suspicious circumstances, says Vancouver insurance lawyer Sean Lerner.  

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‘Aggressive’ to use insurance clause to deny rental car coverage

Using an insurance clause to request that a customer pay thousands of dollars to a rental company for failing to report minor damage to the police is an aggressive way to try to deny coverage, Vancouver insurance lawyer Sean Lerner tells CTV News Vancouver.

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Fire insurance decision could be bad news for developers

An Ontario decision on replacement cost coverage could mean bad news for B.C. developers, says Vancouver insurance lawyer Sean Lerner.  

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