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New Insurance Acts in B.C. / Alta.: Legal ‘free-for-all’ expected
© Thompson’s World Insurance News 2010. No reproduction without written consent. ‘Profound’ insurance litigation changes are expected in B.C. and Alberta with new legislation due to take effect this year, a prominent legal specialist says. “The whole regime is going to inflict quite considerable change,” said Nigel Kent of Clark Wilson LLP. “I think it’s going to be a free-for-all.” All stakeholders agree the laws were antiquated, making frequent reference to fire insurance, which has been almost completely superseded by all-perils insurance. But Mr. Kent said the authors of the amendments have transferred ‘fire insurance’ language wholesale into liability policies— and have in the process upended the rules governing exclusions. “So for example the CGL policy in B.C. in the future is going to have statutory conditions attached to it.” A key change is the inclusion in the revised act of the ‘unjust provisions’ exclusion from the old act’s language on fire coverage. “You can reduce the language to read as follows: ‘Any exclusion is not binding on the insured if it is unjust or unreasonable,’” he said. More in our January 4, 2010 edition
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