If an enforcement action is successful, can an insurance action be sustained?
British Columbia, Canada
The following excerpt is from Mueller v. Coronation Insurance Co., 1995 CanLII 2085 (BC SC):
21 On the other hand, if the enforcement action were unsuccessful, then other considerations would arise, and as I say then one might have to consider what would be the sustainability or viability of the insurance action based on the reasoning in Jones v. Kansa. One might, as I say, then face policy issues which could be, I think, greatly illuminated by the original enforcement action proceedings where I think those issues have to be faced and clarified.
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