Topic
Adjusters
Final outcome of The Co-operators’ surface water commercial property coverage dispute
February 12, 2021 by Greg MeckbachA Supreme Court of Canada decision released Thursday means The Co-operators cannot appeal a $429,000 court decision against it over “surface water” coverage on a commercial property policy. In Co-operators General Insurance Company v. Le Treport Wedding & Convention Centre…
How to avoid turning the mishandling of a claim into a six-figure bad faith award
February 3, 2021 by David GambrillA Manitoba court decision ordering the province’s public auto insurer to pay a bad faith award of $350,000 serves as a cautionary tale to the industry that bad faith awards for mishandling a claim can be made even after a…
This new type of class-action tort grew from genetically modified corn seed
January 22, 2021 by Greg MeckbachA proposed class-action lawsuit based on the novel tort of “premature commercialization” is going ahead in Ontario. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Syngenta Canada Inc., which is facing a proposed…
Why this small claims tribunal changed an auto insurer’s liability finding
January 21, 2021 by Greg MeckbachA British Columbia driver who was found 50% at fault for a collision by the province’s monopoly auto insurer has partly won a small claim against the other driver. Hartmut Wolfram and Yunsun Kim collided with one another in Burnaby…
This kind of homeowner’s liability claim has real teeth
January 21, 2021 by Greg MeckbachWhen a dog bites man, the wounds could be deep and wide for homeowners. “Pet bites top the list for home insurance liability claims,” reports Dorchester Insurance Brokers Ltd., based near London in the community of Dorchester, Ont. “Dog bites…
What can go wrong when do-it-yourself clients try to replace home water heaters
January 19, 2021 by Greg MeckbachSome homeowner clients could get in trouble if they try to replace water heaters themselves, by following do-it-yourself handyman advice they find somewhere on the Internet. Many home insurance policies specifically require that water heater installation be done by a…
When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer
January 15, 2021 by David GambrillIn a $1.2-million dispute arising from a property resort fire, an Ontario appraisal umpire did not exceed his authority when he used a much higher depreciation rate than both the claimant and the insurer did to calculate the value of…
How ‘take-home COVID’ can impact employers’ liability
January 13, 2021 by Greg MeckbachCOVID-19 can cause a commercial general liability claim if a commercial client is sued by the family member of a worker who has caught the disease at work and then infected family members, insurance law experts suggest. “Take-home COVID” is…
Three ways of reducing your client’s risk of false slip-and-fall claims
January 11, 2021 by Greg MeckbachInstalling video systems, keeping an eye out for obstructions on the property and asking claimants for all names they have used in the past are among the techniques your clients can use to protect themselves from fraudulent slip-and-fall claims. Slip…
Impeding, hindering or preventing: Do these mean the same thing in business interruption insurance?
January 6, 2021 by Greg MeckbachSay your client has a policy covering business interruption if the government prevents access to the premises. A pandemic breaks out. Say that client is not completely prohibited from conducting business, but is still losing sales because the government is…
How an insurer became embroiled in this body shop’s lawsuit against an auto dealer
January 6, 2021 by Greg MeckbachA collision repair centre is suing an auto dealership firm that stopped referring work to it amid unproven allegations that the body shop submitted false or fabricated invoices to Aviva Canada, recent Ontario court documents show. In 2013, a firm…
Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim
January 4, 2021 by Greg MeckbachA landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which…