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Non-Settling Parties Remain On The Hook: Clarification Of BC Ferry Agreements - Insurance

Recently, in Navigator], the B.C. Supreme Court clarified the effect of a BC Ferry Agreement, on the joint and several liability of remaining non-settling parties. A BC Ferry Agreement is where, in a multi-party proceeding, the plaintiff and one or more defendants agree to settle and the plaintiff agrees not to recover from the non-settling defendant(s) any portion of the loss ultimately attributable to the settling defendant(s). The Court in Navigator confirmed that when a BC Ferry Agreement is made, the liability of the remaining defendants remains joint and several as between each other. The B.C.

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