Author Archives: Adam Howden-Duke

Adam Howden-Duke

About Adam Howden-Duke

Read full biography

B.C. Supreme Court confirms that an “occurrence based” policy will ordinarily be triggered by the event of loss, rather than the allegedly negligent act that caused it.

Generally speaking, occurrence based policies provide coverage for occurrences that happen within the policy period regardless of when a claim … Read more

Posted in Uncategorized | Leave a comment

Cyber liability & CGL Part B coverage – uncertainty reigns

In April this year, an Appellate court upheld a U.S. District Court decision handed down in August 2014 in finding … Read more

Posted in Uncategorized | Leave a comment

Another US decision addressing coverage for cyber-liability under the CGL policy:

While there continues to be a dearth of caselaw in Canada, following cases such as Recall Total Information Management Inc. … Read more

Posted in Uncategorized | Leave a comment

Court accepts a lesser management fee is warranted following reduction of the discount rate in the Law and Equity Act

Best v Thomas 2014 BCSC 2487 (CanLII) In British Columbia, regulations under the Law and Equity Act set out the … Read more

Posted in Uncategorized | Leave a comment

Coverage for cyber-liability under the CGL policy

In September last year, at the CLEBC Insurance Law Conference, the author presented a paper on the topic of coverage … Read more

Posted in Uncategorized | Leave a comment

CRTC hands down $1.1 million penalty for breach of CASL

The CRTC has handed down its first Administrative Monetary Penalty (“AMP”) under the Canada Anti-Spam Legislation (“CASL”) against Compu-Finder for … Read more

Posted in Uncategorized | Leave a comment

Coverage for cyber-liability under Commercial General Liability Policies

Risks falling under the general term “cyber liability” can give rise to both first party and third party losses.  For … Read more

Posted in Uncategorized | Leave a comment

Adam Howden-Duke presents at the CLEBC Insurance Law Conference 2014

Adam delivered a paper at this year’s Insurance Law Conference on coverage for cyber-liability under CGL policies.  Please click here … Read more

Posted in News | Leave a comment

Important change announced to discount rates in the Law and Equity Act

The discounting rate applied to damages set to manifest in the future has been amended down. Essentially, this means the … Read more

Posted in Uncategorized | Leave a comment

Silver Fox v. Chief Coroner, 2013 YKCA 11, A missed opportunity?

Mr. Silver Fox died on December 2, 2008 after being held in a police cell used for holding intoxicated people … Read more

Posted in Uncategorized | Leave a comment