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Murphy Battista in the News

Host liability case: Pub found 25% liable for drunk driving accident – Guiseppe (Joe) Battista, QC quoted.

March 17, 2017

host liability

Precedent setting BC case finds pub 25% liable for a drunk driving accident that left a pedestrian brain injured. One of our founding partners Joe Battista, QC sums up the significance of the decision in a recent CBC article.

“In BC, you owe a duty to patrons not to over serve. If you do, you owe them a duty of care,” Battista explained. “After the duty of care arose, they needed to ensure [Rockwell] didn’t harm himself and they didn’t follow their own rules [to do so.]”



CBC’s Go Public interviews Scott Stanley about the problems with accident insurance policies

January 4, 2017

The bottom line is that accident insurance almost never pays off. This was the situation the mother of a 12-year-old soccer player found herself in this past November.

Emily Laprise’s mother, Nancy Desrosiers had experience as an emergency room nurse and had seen first hand how a serious injury could impact people’s lives. She was trying to do the right thing when she bought an accident insurance policy to cover injuries to her children including soccer-playing daughter, Emily. However, when Emily suffered a severe eye injury during a soccer match in North Vancouver this fall, Nancy was very surprised when the insurance company refused to pay out. Luckily the eye surgeon was able to reattach Emily’s left retina but could do nothing about the hole that remains. Despite ongoing symptoms including double vision and loss of part of Emily’s field of vision, the insurance company refused to pay out citing the language of the policy.

As Scott Stanley explained to Go Public’s Erica Johnson, most accident insurance is designed to pay out for things that rarely happen. The language of the policy is always key, so if you are considering accident insurance, it’s worth getting some advice on whether you are actually covered for the events you think you are.

Read the full story here:

Scott Stanley highlights the complications with travel cancellation insurance plans on Global BC News

September 21, 2016

Travel cancellation insurance woes

Murphy Battista’s Scott Stanley highlights the importance of understanding the fine print in travel cancellation insurance plans. Recently featured on Global BC news, Scott states: “You’re basically gambling with a slot machine that in many instances has been engineered to never pay out.” As a result, the consequences of being denied travel cancellation insurance can be devastating. As told in this story, Scott stresses the need for reform within the insurance industry to avoid future misinterpretations of the finer details.

RCMP officer sued by brain injured man faces new allegations

December 18, 2015

Robert Wright sustained a serious head injury during a take down in a RCMP holding cell in Terrace in 2012. The BC First Nations man was left with permanent brain damage.

Mr. Wright’s case received additional media coverage in 2014 when video of the holding cell incident surfaced. Since then, new allegations of the use of excessive force by one of the RCMP officers involved have come to light that involve the treatment of two other First Nations men in and around the time Mr. Wright suffered his injury.

Click to read latest CBC story on the case.

Click on the thumbnail above to watch coverage of the case on The National with Peter Mansbridge.