What is the state of the law on representation in a personal injury case?

Alberta, Canada


The following excerpt is from McConnell v. Aviva Insurance Company of Canada Ltd., 2006 ABQB 80 (CanLII):

Leishman v. Commercial Union, supra, is a close parallel to this case because the insurer’s representation related to the extension of insurance to a person other than the named insured. The insured’s daughter accidentally started a fire at her boyfriend’s apartment. Her father reported the incident to his residential insurer, and was advised that the insurer would “take care of everything”. Over the course of a year, the insurer’s adjuster attempted to negotiate a settlement with the apartment owner. Negotiations broke down, and a Statement of Claim was filed. The insurer then advised the father that it was not prepared to extend coverage to his daughter. The daughter brought action against the insurer, claiming that she was insured under her father’s policy.

Other Questions


What is the test for “case splitting” in a personal injury case? (Alberta, Canada)
What is the case law on fiduciary obligations of an individual in a personal injury case? (Alberta, Canada)
Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
What is the current state of the law on intervener status in a personal injury case? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What are the relevant considerations to a judge when deciding whether or not to order trial by jury in a personal injury case? (Alberta, Canada)
What is the case law on case-by-case privilege? (Alberta, Canada)
What is the case law in the United States when it comes to the case of a lay-man who is not qualified to stand trial? (Alberta, Canada)
In what circumstances will a judge review an order for a civil jury in a personal injury case? (Alberta, Canada)
How is the best interests test applied in a personal injury case? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.