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REGIONAL WRAP-UP B.C. CASE PUTS FOCUS ON LAW FIRM INSURANCE COVERAGE this. I agree with the vice-chair of the Workers' Compensation Appeal Tribu- nal that payment of one receipt [for drinks] for $17.50 does not mean that the employer sponsored the activity." Insurance litigator Nigel Kent, who represented Co-operators and Poole, said the judge's decision, which exam- ines the law firm's policy coverage of individuals within or connected to the firm, highlights a shortcoming in cover- age. While partners are given coverage against harming others and contractors or clerical staff also receive similar cov- erage, general policies such as that held by Alexander Holburn did not cover injury done by one lawyer to another. "If this incident would have happened to a partner," said Kent, "I think there might have been a different outcome." At press time, it was unclear if there would be a further appeal. After the first phase of the hearing, Lombard launched an appeal, but it was held in abeyance until the second phase had finished. Joe Murphy, representing Danicek, said Danicek had no standing in phase two Find the second part of at of the hearing as it looked at insurance company liability and she is not appeal- ing phase one. Murphy said if there was an appeal, the policy coverage not covering inju- ry to one lawyer from another could become an issue. "It really doesn't make a lot of sense," he said, adding, "we don't think that is an accurate interpreta- tion, but that is something the Court of Appeal may have to deal with down the road." Asked to comment on the liabil- ity issue that firms face when planning social functions, Poole issued a state- ment on the condition Canadian Lawyer published it in full: "This case involves an unfortunate accident that has had a profound effect on Ms. Danicek. "It obviously would have been her preference as it is mine that the court's opportunity to address these issues would have arisen in some other case without this having happened. In terms of what the decision on the insurance issues means for law firms, I think that it demonstrates that, as with many other professions or callings, there is no bright line that demarks what is or isn't related to employment; each case remains driv- en by its particular facts. "Lawyers become involved in a number of different activities, some work related and others purely social, either internally, with other members of the bar or with clients. The finding in this case was that the connection between employment and the circum- stances of the incident was not suf- ficient to trigger coverage under the Lombard policy. "The court's ruling clearly shows the coverage analysis and indicates factors that could have led to a different result. There are ramifications from this for law firms, and other professional sectors, both as employers and as individuals insured. Understanding the breadth and limits of a firm's general liability cover- age for the wide variety of activities that may relate to or follow employment activities is key. "For the individual lawyer, this case also highlights the need to have per- sonal insurance with adequate limits and wording that will afford coverage for incidents where, while there may be some sort of connection to one's employment, there may be no cover- age under the firm's policy should an unfortunate turn of events occur," he concludes. — JEAN SORENSEN jean_sorensen@telus.net VANCOUVER LAWYERS WIN $5.5-MILLION AWARD IN WILLS VARIATION CASE awards handed down under the Wills Variation Act. B.C. Supreme Court Justice Sandra K. Ballance in Wilson v. Lougheed found that an 18-year-old will of Norma Yvonne Lougheed did not adequately provide for her daughter and T wo lawyers with Vancouver's Alexander Holburn Beaudin & Lang LLP, Andrew S. MacKay and Emily L. Clough, have won one of the largest awarded an additional $5.5 million from an estate valued at $20 million. When the will was drafted in 1989, Lougheed left her daughter Kelly Janine Wilson four pieces of real estate, cars, jewelry, and bank accounts. At the time, the 27-year-old daughter also had a financial revenue stream from shares in a family trust that yielded nearly $2 million over 20 years. 12 M A RCH 2011 www. CANADIAN Lawyermag.com KPI_CL_Jan_11.indd 1 12/17/10 9:04:34 AM C ontinued fr om pa g e 11 Danic v. g S Ale x La /11/00/2011B c ander n C Holburn Co S ourts.g v.bc.c0065.htm. C Beaudin ek a/jdb-txt/ &