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Judicial determination on interpretation of property Cat XOL with reinsurers sought
July 18, 2017 by Angela StelmakowichAlberta 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…
Provincial appeal court rulings guide employers wanting to limit entitlements following termination without cause: Lawyer
March 16, 2017 by Canadian UnderwriterTwo recent appeal court rulings “highlight the importance of having clearly worded provisions in employment agreements” when employers want to limit the entitlements of workers who are dismissed without case, a lawyer wrote on a recent blog post. “Frequently, employment…
Court appoints committees to represent Economical mutual and non-mutual policyholders
February 24, 2017 by Canadian UnderwriterAn Ontario court has appointed two committees to negotiate the allocation of benefits from a demutualization of Economical Insurance, the Waterloo, Ont.-based insurance carrier announced Friday. No federally regulated P&C insurers have demutualized yet. Canada did not have regulations allowing…
Parents Know Best?
December 1, 2016 Peter Vlaar, Associate Lawyer; David Olevson, Associate Lawyer; and Sabrina Lucibello, Partner, McCague Borlack LLPCanada has no authoritative legal decision on parental waivers, which has created uncertainty over whether or not a properly drafted and duly executed waiver will serve as a complete bar to a claim. A New Brunswick case offers alternatives that might be employed until that gap in the law is filled, but businesses and insurers alike must factor into their liability risk analysis that parental waivers are unlikely to be enforceable.
Ontario township not liable for under-insured taxi: Court
July 6, 2016 by Canadian UnderwriterThe Court of Appeal for Ontario recently ruled against State Farm Mutual Automobile Insurance Company when it found that a municipality that fails to enforce a bylaw stipulating taxi insurance does not owe a duty of care to parties injured…
Monk v. Farmers’ Mutual Insurance Co. (Lindsay): Further Lessons in Policy Language and Interpretation
May 18, 2016 Michael S. Teitelbaum, partner; and Ashley Peacock, associate Hughes AmysIntroduction In Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2015] ONCA 911, the Court of Appeal reversed the motion judge’s decision1 that the “faulty workmanship” exclusion applied to both direct and indirect damages. The Court ruled that the motion judge’s…