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Legal

News ClaimsClaims CanadaLegal

TD Insurance’s unique defence to BI class action lawsuits

July 30, 2020 by Greg Meckbach

A coverage dispute lawsuit filed in Ontario mistakenly alleges that TD General Insurance writes business interruption coverage, the insurer says. A proposed Ontario class action filed July 6 alleges TD and dozens of other insurers are in breach of contract

News AdjustersClaimsInsuranceLegal

Claimant learns the difference between “hit-and-run” and collision damage

July 28, 2020 by David Gambrill

A driver in B.C. is out $1,777 for incorrectly telling the public auto insurer that damage to his parked vehicle was the result of a “hit-and-run,” as opposed to collision damage. Jiameng Wang took Insurance Corporation of British Columbia (ICBC)

News ClaimsCommercial LinesLegal

Hotels sue Aviva Canada for $150 million in proposed BI class action

July 27, 2020 by David Gambrill

Lerners LLP has filed a proposed $150-million class-action lawsuit against Aviva Canada on behalf of hotels across the country, claiming that the hotels are entitled to coverage for loss of business income relating to COVID-19. “We know these are challenging

News AdjustersClaimsInsuranceLegal

Why a tribunal changed the insurer’s finding of fault in this parking lot claim

July 24, 2020 by David Gambrill

B.C.’s small claims court recently overturned the public insurer’s assessment of liability in a case in which a driver pulling out of his parking lot space clipped the open door of a car that had just pulled into the space

News Legal

The issue with this waiver in trampoline personal injury lawsuit

July 22, 2020 by Greg Meckbach

An indoor trampoline operator has lost its bid to have a personal injury lawsuit from a customer dismissed on the grounds of a waiver. In Zaky v. 2285771 Ontario Inc., Ontario Superior Court Justice Clayton Conlan ruled there is a

News AdjustersBrokersEmploymentInsuranceLegalRisk

A P&C insurance-specific guide for returning to the office: Deloitte

July 21, 2020 by David Gambrill

As Canadian P&C insurance industry leaders start to think about bringing employees back to the office, now is a good time to re-think the work required, the workforce skills that will be needed in the future, and what the future

News ClaimsInsuranceLegalLegislation / Regulation

Court dismisses class action against insurers for handling of HST in auto AB claims

July 17, 2020 by David Gambrill

Ontario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT

News Legal

How liability is shared for this left-turn collision at a yellow stoplight

July 14, 2020 by Greg Meckbach

A British Columbia motorist who was hit by an oncoming vehicle while turning left at a yellow light is 75% liable, not 100% liable as originally assessed by the insurer, the province’s Civil Resolution Tribunal (CRT) has ruled. Clayton Trenaman

News ClaimsInsuranceLegal

A province’s second effort to limit auto trial experts is enacted into law

July 13, 2020 by David Gambrill

Stymied by a B.C. Supreme Court ruling last year in Crowder v. British Columbia (Attorney General), B.C.’s attorney general is attempting once again to change court rules to limit expert evidence in vehicle court actions – a move that is

News ClaimsInsuranceLegalLegislation / Regulation

Auto insurers, province dispute whether B.C.’s Bill 11 limits competition

July 9, 2020 by David Gambrill

The Insurance Bureau of Canada (IBC) has published an open letter to British Columbia Premier John Horgan, outlining concerns that the province’s Bill 11 may “stifle the limited competition that currently exists in BC’s optional auto insurance market,” a claim

News ClaimsClaims CanadaInsuranceLegal

The Aviva contagious disease policy wording at issue in class action BI coverage dispute

July 8, 2020 by Greg Meckbach

The question of whether non-essential businesses that closed during the pandemic are entitled to claim insurance – specifically, for cover arising as a direct result of an outbreak of contagious or infectious disease within 25 kilometres that is required by

News ClaimsClaims CanadaInsuranceLegal

More class actions headed to court over pandemic business interruption

July 7, 2020 by Greg Meckbach

Class actions asserting pandemic BI insurance coverage are starting to mount in the ‘In’ baskets of Canada’s insurance defence bar. Most recently, Koskie Minsky announced July 6 that it will be one of two firms (the other being Merchant Law)