Editor’s Note: This article has been revised to clarify the rules around continuous binding authorities emanating from Lloyd’s. Managing general agents (MGAs) with a binding authority contract from Lloyd’s — and where the capacity under the contract is provided…
A recent Supreme Court of Canada ruling in a breach-of-contract lawsuit means risk managers need to be careful about drafting agreements that give parties discretionary powers, a Toronto-based litigation lawyer warns. Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage…
Agreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance…
A lot of things can go wrong when a client agrees to add a counter-party to a contract as an additional insured. Here’s what your clients can do to reduce the risk of a nasty coverage dispute
A public health emergency such as a pandemic may be an unforeseen “act of God,” but that doesn’t necessarily mean it will make it illegal or impossible for a business to fulfill the terms of a commercial contract with a…
A recent Alberta court decision arising from a fatal vehicle accident shows disagreement among legal experts over how to apply the Supreme Court of Canada’s 2016 Ledcor ruling. A divided Alberta Court of Appeal ruling in EnCana Oil & Gas…
Alberta Motor Association Insurance Company is looking to divide the loss arising out of the Fort McMurray wildfire, which exceeded a duration of 168 hours, into six multiple loss occurrences in line with its reading of its property catastrophe excess…
The Alberta Motor Association Insurance Company (AMA) has announced that it has filed a statement of claim with the Court of Queen’s Bench of Alberta to take “legal action to recover money owed to it by a number of companies…
A lawsuit against a Mexican vacation resort – arising from a tourist alleged to have accidentally ingested cleaning product stored in a water bottle in a mini bar fridge – can proceed in Alberta, as a result of a ruling…
If an Ontario auto insurer uses a form that is not approved by the province’s Superintendent of Financial Services, this does not necessarily render the contract of insurance void, the province’s appeal court suggested in a ruling released Wednesday. On…
ROME – Italy began looking to the future Wednesday a week after an earthquake flattened three towns, with Premier Matteo Renzi tapping a reconstruction czar to oversee the rebuilding and investigators acquiring the first documentation into the construction blamed for…
Quebec’s Farm Income Stabilization Insurance, which protects producers against market and production cost fluctuations, is not actually a contract of insurance under the province’s Civil Code, the Supreme Court of Canada has ruled. Canada’s highest court released July 29 two…