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News ClaimsClaims CanadaInsuranceLegalLegislation / RegulationTechnology

Internet kills idea of an inconvenient place to defend your client: Judge

June 30, 2021 by David Gambrill

In the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.

News ClaimsClaims CanadaLegislation / RegulationRiskTechnology

These highway features may encourage distracted driving

June 25, 2021 by Greg Meckbach

Medians and wide shoulders on highways could encourage distracted driving by giving drivers a false sense of security, transportation researchers suggest in a recent paper. “The combination and presence of a shoulder, median, higher speed limit, and extra lanes could

News Claims CanadaInsuranceLegal

Here’s what can go wrong if you give away a salvage vehicle

June 24, 2021 by Greg Meckbach

A couple who thought they received a written-off camper trailer as a gift are entitled to some compensation for repairs they made before the registered owner came to retrieve the vehicle, a Newfoundland and Labrador court has ruled. Sherry Drake

News ClaimsClaims CanadaInsuranceLegal

Why ridesharing makes motor vehicle accident claims more complex

June 21, 2021 by Greg Meckbach

Inspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of

News ClaimsClaims CanadaCommercial LinesEngineeringInsuranceLegalRestoration

Why liability insurance did not cover the defence of a remediation order

June 18, 2021 by Greg Meckbach

An eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question

The small town of Okotoks was hit hard by the June floods of 2013, with the river valley rushing and raging through wiping out pedestrian bridges, campgrounds, river banks and pathways.
News CatastrophesClaimsClaims CanadaClimate ChangeInsurance

Progress report: Canada-wide flood mapping is well underway

June 16, 2021 by Greg Meckbach

A nationwide estimate of coastal, pluvial, and fluvial flood hazard is one part of the ongoing effort to come up with a national approach to insuring or re-locating homes at high risk of flood, a federal government official suggests. Flood

News ClaimsClaims CanadaInsuranceRestoration

Restoration firms beware: Did clients authorize payment for your work?

June 14, 2021 by David Gambrill

A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water

News CatastrophesClaimsClaims CanadaClimate Change

Where Canada sits with national low-cost residential flood insurance 

June 10, 2021 by Greg Meckbach

Six possible flood insurance models for homes at high risk of flood are about to go through an actuarial review, a federal government official suggests. The Task Force on Flood Insurance and Relocation is going to hand off those possible

News ClaimsClaims CanadaCommercial LinesEngineeringLegal

In pollution claim, ‘sudden’ could mean several months, court finds

June 8, 2021 by Greg Meckbach

Insurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company

News AdjustersClaimsClaims CanadaInsurance

Tribunal sides with Intact in home insurance co-payment spat

June 3, 2021 by David Gambrill

A B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing

News ClaimsClaims CanadaCommercial LinesLegal

Insurers faced with barrage of COVID-19 coverage disputes

June 3, 2021 by Greg Meckbach

More than a dozen coverage disputes arising from business interruption from lockdowns and restrictions during the COVID-19 pandemic are making their way through Ontario courts. Law firm McCarthy Tetrault has served 17 individual statements of claim with the Ontario Superior

News ClaimsClaims CanadaConstructionRisk

A drastic (but effective) way to keep water out of the basement  

June 2, 2021 by Greg Meckbach

A foundation membrane could cost a homeowner client $15,000, and it is probably not something your clients should try installing themselves, but it is “often the most effective method” of waterproofing a basement, a Bobvila.com author suggests. A foundation membrane