NHL’s Kane wins case in Victoria for insurance payout

Evander Kane, who plays for the NHL’s Buffalo Sabres, has won a court case in Victoria requiring his insurance company to pay the cost of his defence against a claim of battery in New York state.

At issue was whether Kane’s insurer, Co-operators General Insurance Company, was obliged to defend the lawsuit filed against Kane on July 1, 2016, in New York State, said B.C. Supreme Court Justice Shelley Fitzpatrick.

Co-operators is obliged to pay defence costs, Fitzpatrick ruled in a Sept. 27 decision.

As well, “Mr. Kane is permitted to conduct the defence of the action with legal counsel of his choosing; Co-operators is responsible for paying all fees of such counsel to date and in the future…”

The insurance company is required to pay the hourly rate normally charged by Kane’s lawyer, the decision said.

Leonard Sharman, Co-operators spokesman, said in a Saturday email: “At this point, we are considering our options and are not in a position to comment further.”

The insurance-coverage hearing took place in August in the Supreme Court of B.C. at the Victoria courthouse. It was not clear why the matter was dealt with in Victoria.

Co-operators insured Kane under a standard printed home insurance policy form. It included the usual dwelling and personal property coverage. It also includes liability coverage, which was the focus of the dispute about coverage, the decision stated.

Evander Kane is listed as the owner of two properties in Vancouver, according to B.C. government records.

Rachel Kuechle filed a complaint in July 2016 against Kane in New York State Supreme Court in the county of Erie, the decision said. Kuechle alleged that in late December 201,5 Kane invited her to his hotel room for what he called a party.

Kuechle alleges Kane inflicted physical battery, the document states.

In a 2016 Associated Press story, Kane’s lawyer in New York, Paul Cambria, was quoted as saying the allegations were “extremely exaggerated” and his client “denies strenuously any wrongdoing.”

Cambria said in a Monday email: “We have nothing to offer.” A Vancouver lawyer represented Kane in the insurance matter.

Cambria’s website states he is one of the nation’s pre-eminent attorneys. His focus includes criminal trials, constitutional law, and First Amendment law.