How has the Minister of Forests dealt with the issue of obtaining documents from an insurer?
British Columbia, Canada
The following excerpt is from British Columbia v. Canadian National Railway, 2004 BCSC 283 (CanLII):
The Minister of Forests also referred to the decision Ng v. Royal & Sun Alliance Insurance Co., [2003] B.C.J. No. 1771 (S.C.). In the Ng case an insurer was required to produce documents and reports it had gathered to the insured when coverage had been denied. All of the evidence indicated that although there was a suspicion the insured may be involved in the fire, that the insurer was conducting an ongoing investigation, and receiving proof of loss from the insured. The court found that the documents in question had been produced for several purposes, including determining responsibility for the fire and theft loss, formulating a recommendation as to whether or not the claim should be denied, and for the use of litigation, were it to occur. The fact that counsel had been retained was not determinative.
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