What is the test for bringing in all benefits received by third parties from a medical malpractice contract?
British Columbia, Canada
The following excerpt is from Confederation Life Ins. Co. v. Causton, 1989 CanLII 2769 (BC CA):
The converse proposition is dealt with in the decision of Darrell v. Tibbitts, supra, by Thesiger L.J. at p. 567 that the insured must bring into account all benefits received from third parties from contracts which cover identically the same subject matter as that for which coverage is provided.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
On a value survived approach, is a party entitled to claim the value of services and other benefits received by the enriched party? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the legal test to enforce a contract where a party is not a party to the contract? (British Columbia, Canada)
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards? (British Columbia, Canada)
