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From the Bench: No Coverage for Passenger of Vehicle Driven Without Consent

Based on this decision, consent to operate a vehicle is likely to become a significantly litigated issue moving forward.
Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69
Case Facts
Ashley Cardinal, the Insured, was injured while riding as a passenger in an automobile driven without the consent of the owner. The Insured’s Read More

From the Bench: Plaintiff Fails to Prove Vehicle Damaged During Theft

Insurers and adjusters should ensure they have properly documented procedures and observations as it may assist in refuting claims by an insured for further compensation and alleged bad faith.
O’Donoghue v Unifund Assurance Company, 2018 ABPC 33
Case Facts
The Plaintiff brought an action against his insurer alleging his stolen vehicle should have been Read More

Sharing the Blame: Joint and Several Liability

By: Debra G. Woodske, Partner
Hayley C. Tarnasky, Associate

I.     Introduction
II.    Joint Tortfeasors
III.   Several, Concurrent Tortfeasors
IV.   Several Liability
V.    Joint Liability
VI.   Claims for Contribution or Indemnity
VII.  Settlement
VIII. Conclusion

I.    Introduction
A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Read More