Are expenses incurred to avert or limit liability on a personal injury policy recoverable?

British Columbia, Canada


The following excerpt is from MacMillan Bloedel Ltd. v. Youell, 1993 CanLII 6858 (BC CA):

I do not argue with anything said there. That leaves for consideration the question whether in those circumstances the expenses incurred to avert or limit liability are recoverable on these liability policies. In my view the reasoning in Cunard v. Marten applies with equal force whether the focus is on the sue and labour clause or the common law.

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