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The Definition Of "Accident" In Canadian Coverage Cases And The Unspoken "Useful Purpose" Test, Eric J. Adams
The Definition Of "Accident" In Canadian Coverage Cases And The Unspoken "Useful Purpose" Test, Eric J. Adams
Dalhousie Law Journal
Thispaper argues that courts tacitly weigh risks againstrewards when constructing the meaning of the term "accident." It suggests the phrase "courting the risk" takes on two distinct meanings. Firstly, at some point, the risks associated with an activity are said to be so substantial as to suggest an insured expected and, thus, courted any resulting losses.. Secondly, a party is deemed to court the risk of. loss if acting solely for the experience of risk, in and of itself,and not for any other redeeming benefit. The author outlines the evolution of the term "accident" in the case law and contrasts …
Structured Settlements And Structured Judgements: Do They Work And Do We Want Them?, Leanne Todd
Structured Settlements And Structured Judgements: Do They Work And Do We Want Them?, Leanne Todd
Dalhousie Law Journal
Structured settlements are an alternative to traditional lump sum settlements for personal and fatal injuries claims. Under a structured settlement the defendant, generally a casualty insurer, satisfies all or part of the claim via periodic payments to the plaintiff.