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What this Vancouver plaintiff’s lawyer says about pandemic business interruption coverage

October 27, 2020 by Greg Meckbach

A British Columbia lawyer suggests at least half the business interruption insurance policies he has reviewed should cover a client who lost business because of emergency measures imposed to contain the novel coronavirus. “People who have ‘all-risk’ policies should be

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Why brokers are going to get sued over pandemic business interruption claims

October 21, 2020 by Greg Meckbach

Some brokers are going to get sued by clients whose COVID-19 business interruption claims were denied, a keynote speaker warned Insurance Brokers Association of Ontario (IBAO) members Wednesday. “The main area of claim will be failure to advise of potential

News Claims CanadaInsuranceLegalRiskTechnology

Why this client can only recover $50,000 on a $2.7-million commercial crime claim

October 16, 2020 by Greg Meckbach

An electronics distributor that lost nearly $2.7-million because its accounts payable staff were duped by fraudsters cannot claim under policy wording covering funds transfer fraud, a Quebec court has ruled. In Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance

News ClaimsClaims CanadaEmploymentLegalRisk

What Canada’s Supreme Court says about employers’ liability for bonuses

October 15, 2020 by Greg Meckbach

A constructive dismissal award against a Halifax-based fish oil maker of nearly $1.1-million has been restored by the Supreme Court of Canada. When it comes to employment practices liability, a key lesson from Matthews v. Ocean Nutrition Canada Ltd., released

News ClaimsClaims CanadaConstructionEngineeringLegalRestorationRisk

Why the court found the landlord responsible for this winter roof collapse

October 13, 2020 by Greg Meckbach

A courier firm has successfully sued its landlord for $188,000 after the roof of its Halifax area warehouse collapsed under the weight of snow and ice. In Transport Canpar L.P. v. 3258042 Nova Scotia Limited, released Oct. 8, Justice Richard

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How COVID-19 can trigger a ‘force majeure’ or ‘act of God’ clause in a contract

October 7, 2020 by Greg Meckbach

The COVID-19 pandemic could be considered an “act of God,” but that doesn’t necessarily mean a client can recoup a deposit for cancelling a large gathering, a recent British Columbia Civil Resolution Tribunal ruling suggests. While most property and casualty

News AdjustersClaims CanadaInsuranceLegal

What business interruption coverage appeal to U.K. Supreme Court could look like

October 6, 2020 by Greg Meckbach

British insurers are not taking yes for an answer from the High Court of England and Wales, which recently ruled that insuring business interruption “following” a notifiable disease, within a certain distance of the client, does in fact mean that

News ClaimsClaims CanadaCommercial LinesConstructionEngineeringLegal

Appeal court dismisses lawsuit against Economical over additional insured endorsement

October 5, 2020 by Greg Meckbach

A solar energy developer has lost its appeal against Economical in a commercial coverage dispute regarding an additional insured, in which the policy wording referred to “liability arising out of the operations” of the insured. “Contractual insurance obligations and additional

News ClaimsLegal

Mud and snow tires in winter prompts another small claim in B.C.

October 1, 2020 by Greg Meckbach

British Columbia car rental companies that provide mud and snow tires in December or January are keeping the province’s Civil Resolution Tribunal busy. In Fraser v. ICBC, released Wednesday, the CRT ruled against a claimant who sought $5,000 in damages

News Claims CanadaLegalLegislation / Regulation

Mud + snow tires count as winter tires: Tribunal

September 28, 2020 by Greg Meckbach

British Columbia’s civil resolution tribunal has ruled against a motorist who claims the car he rented did not have proper winter tires because they were marked “mud + snow,” but the motorist is not liable for alleged damage to the

News Claims CanadaInsuranceLegal

Why this client wants to take insurer to Supreme Court over family protection endorsement

September 25, 2020 by Greg Meckbach

A motor vehicle personal injury lawsuit, involving Ontario’s family protection endorsement and multiple defendants when alcohol is involved, could be headed to the Supreme Court of Canada. A key question before the top court — if it decides to hear

News ClaimsClaims CanadaInsuranceLegal

How Canadian courts could be influenced by U.K. business interruption test case

September 23, 2020 by Greg Meckbach

A recent British court ruling could be good news for Canadian clients who bought insurance covering business interruption from an occurrence of a notifiable disease within a specified distance of their premises, and who had to close due to the