Tag

Damages
In light of recent jurisprudence in Canada, the short answer is yes, if the business interruption losses stem from, or constitute, direct damages themselves.  And no, if the losses arise from consequential damages. Direct damages can be described as damages that have arisen naturally from the cause of the loss. This includes damages due to...
Brit Inns Ltd v. BDW Trading Ltd is an illustrative example of where litigation (and in this case, a subrogated claim) can go wrong. Indeed, the judge said “[t]his litigation has gone wrong for everybody.” It does, though, have important aspects that can improve Claimants and Defendants approaches to subrogation claims. Facts A contractor caused flooding...
The recoverability of loss of use damages for recreational water craft has been vexing Federal courts in Admiralty cases for over 100 years. In 1897, the Supreme Court of The United States held that loss of use damages for a vessel “designed for pleasure only and which had never been put to any other use”...