Author Archives: Adam Howden-Duke
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
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
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
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
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
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
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
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
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
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