Property insurers’ subrogation rights in Canada may be a bit broader than some lawyers and judges might think. An off-cited trilogy of Supreme Court of Canada decisions released during the 1970s– including one in favour of the Eaton’s department store…
The owner of a commercial building damaged by fire that started in a restaurant kitchen is precluded from pursuing a subrogated claim against the restaurant operator due to a clause in the lease requiring the landlord to buy fire insurance,…
A recent decision by a British Columbia court makes clear that strict compliance with the replacement cost endorsement is expected. The requirement to replace with “due diligence and dispatch” remains, even if the insurer has denied coverage for the loss and even if that denial is later overturned in the insured’s favour.