Topic
Claims
Co-operators has no duty to defend a “novel” data policy exclusion: Appeal court
March 19, 2021 by David GambrillThe Co-operators does not have a duty to defend a cyber liability case involving a “novel” policy exclusion for breached data being published over the internet, the Ontario Court for Appeal has ruled. Reversing the previous decision of a lower…
What could happen to your jury notice under rules of simplified procedure during COVID
March 18, 2021 by David GambrillIf an insurer consents to defend a client’s auto liability claim under an Ontario court’s rules of simplified procedure, then that client could lose their option for a jury trial — especially when the pandemic causes delays in forming a…
What to tell clients when home insurer asks if property was previously a grow-op
March 18, 2021 by Greg MeckbachHome insurance clients who move to a new property should have the premises inspected and let the insurer know if there are signs it has been used to grow cannabis. “If a home was a former cannabis grow-op, likely pipes…
Why these B.C. strata owners didn’t have to pay the corporation’s $5,000 deductible
March 12, 2021 by Greg MeckbachA British Columbia strata unit owner is not liable for their strata corporation’s $5,000 deductible on a property claim arising from a fire, the province’s civil resolution tribunal has ruled. The strata unit is on the fifth floor of a…
Home insurer goes after ventilation unit manufacturers in subrogated fire claim
March 10, 2021 by Greg MeckbachA subrogated claim arising from a Hamilton area home fire is raising the question of which equipment manufacturer, if any, is liable. In 2013, a fire caused extensive damage to the Ancaster, Ont., home of Mary Arlene and Rudolf Dosen.…
Intact’s take on UK business interruption test case
March 9, 2021 by Greg MeckbachA recent British court ruling on business interruption does not change the economics of Intact Financial Corp.’s agreement to acquire a large part of London-based RSA, a senior Intact official confirmed Tuesday. In 2020, the Financial Conduct Authority brought eight…
Why dirt bike accident victim can get Ontario auto accident benefits
March 6, 2021 by Greg MeckbachAn Ontario claimant who suffered a severely disabling injury after falling off his dirt bike during a competition is entitled to accident benefits under his auto policy. This is the result of Beaudin v. Travelers Insurance Company of Canada, released…
Advice from the U.S.: Canada needs exit strategy from national flood
March 4, 2021 by Greg MeckbachCanada needs to proceed with caution if it wants to establish a taxpayer-supported program to write flood insurance for high-risk homes, an American speaker warned the Canadian P&C industry during CatIQ Connect. “Be very careful with a federal flood insurance…
Why business interruption lawsuits against Aviva got ‘carved off’ from Ontario class action
February 23, 2021 by Greg MeckbachAviva Canada is facing two proposed class-action lawsuits in Ontario from clients whose business interruption claims were denied during the ongoing pandemic. Allegations that Aviva has breached insurance contracts by denying BI claims have not been proven in court. Nordik…
Trial date delayed in $300-million banker’s commercial coverage dispute
February 22, 2021 by Greg MeckbachA trial in an Ontario coverage dispute lawsuit, on a Big 5 bank’s $300-million commercial claim, is being pushed back from its originally-scheduled start date of Sept. 13, 2021. Toronto Dominion Bank is suing a group of insurers, including six…
Property restoration space has ‘big capacity’ issue: Brindamour
February 19, 2021 by Greg MeckbachIntact Financial Corp. is aiming to build capacity in what CEO Charles Brindamour calls the “super-fragmented” restoration contractor industry. “Our thought process with On Side [Restoration] is very much consistent with what we tried to do with BrokerLink a decade…
The lesson for risk managers in this breach-of-contract lawsuit
February 17, 2021 by Greg MeckbachA 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…