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News AdjustersClaimsClaims CanadaInsuranceLegal

How an insurer became embroiled in this body shop’s lawsuit against an auto dealer

January 6, 2021 by Greg Meckbach

A 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

News ClaimsClaims CanadaLegal

The difference between pandemic BI coverage and pushing a bus off a cliff

January 5, 2021 by Greg Meckbach

Commercial clients who bought insurance covering a disease outbreak within 25 miles of their premises did not buy coverage for business interruption from a pandemic on a national scale, insurance company lawyers are telling the United Kingdom Supreme Court. Worldwide,

News ClaimsClaims CanadaCommercial LinesInsuranceLegal

Britain’s regulator challenges ruling in favour of insurers over pandemic BI coverage

January 4, 2021 by Greg Meckbach

The appearance of the word “event” in a “disease radius” clause in business interruption insurance contract could be instrumental in determining whether the client is covered during a pandemic. In a ruling released Sept. 15, the High Court of England

News ClaimsClaims CanadaLegalRestoration

Missing signature takes homeowner off the hook for paying restoration service bill

January 4, 2021 by Greg Meckbach

A restoration firm dispatched by an insurer to respond to water damage at a British Columbia strata unit cannot collect the nearly $1,400 the contractor says the client owes for emergency services. This is the result of a recent British

News AdjustersClaimsClaims CanadaInsuranceLegal

Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim

January 4, 2021 by Greg Meckbach

A 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

News ClaimsClaims CanadaCommercial LinesLegal

Another win for wedding vendors in a COVID cancellation dispute

December 16, 2020 by Greg Meckbach

A British Columbia couple who cancelled their August 2020 wedding due to pandemic concerns is not entitled by a force majeure (an ‘Act of God’) clause to a refund of $4,000 they paid the would-be venue in advance. The province’s

News BrokersClaimsClaims CanadaInsurance

What brokers need to do to place hospitality coverage

December 16, 2020 by Greg Meckbach

When it comes to the hospitality sector, insurers’ risk appetites are constantly changing and underwriters are especially concerned about clients who get most of their revenue from alcohol, a managing general agent reports. “A broker has to spend a lot

Feature ClaimsClaims CanadaLegal

Taming Social Inflation

December 16, 2020 Adam Malik, Managing Editor

Social inflation essentially describes insurers’ increasing legal costs. Why insurers are pinning this primarily on the rise of litigation funding

News ClaimsClaims CanadaCommercial LinesInsuranceRisk

Why the D&O market will probably get harder

December 15, 2020 by Greg Meckbach

Data breaches and the impact of COVID-19 on a company’s financial performance are among the “megatrends” affecting directors’ and officers’ liability claims, Allianz Global Corporate & Specialty warned in a report released Dec. 15. “Outside the U.S., securities class actions

News BrokersClaimsClaims CanadaInsuranceLegal

How clients can avoid pitfalls when dealing with ‘additional insured’ contracts

December 14, 2020 by Greg Meckbach

Agreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance

News AdjustersClaimsCommercial LinesInsuranceLegal

Why an adjuster’s notes are out of bounds in this subrogation case

December 14, 2020 by David Gambrill

When The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came

Feature ClaimsClaims CanadaCommercial Lines

The show must go on

December 11, 2020 Scott Carroll, Executive Vice President, Program Director, Take1 Insurance

The new COVID landscape means looking for alternative ways to mitigate claims risk at live events