Topic
Legal
Three-year ban for broker convicted of misappropriating more than $16,000
January 27, 2020 by David GambrillThe former branch office manager of a B.C. brokerage has been banned from being a broker for a minimum of three years after she was convicted for misappropriating more than $16,000 of Insurance Corporation of B.C. (ICBC) funds for personal…
Why these homeowners lost their negligence lawsuit against a Hub brokerage
January 24, 2020 by Greg MeckbachBritish Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana…
Couple sued over basement flooding after selling fixer-upper
January 20, 2020 by Greg MeckbachA Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The…
How this buried oil tank came back to haunt former homeowners
January 17, 2020 by Greg MeckbachIf your clients are selling their home, should you ask whether prospective buyers want written assurance that any oil tanks are removed and the soil cleaned up? Scott Warren and Antonia Camille Fantillo sold their home in early 2016. They…
Pollution exclusion means no coverage for this dry cleaner defendant
January 16, 2020 by Greg MeckbachA British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot…
Could auto liability cover negligent parenting lawsuit?
January 13, 2020 by Greg MeckbachIf you allow your child to ride in a vehicle allegedly driven by an impaired driver, and your child sues you for negligent parenting, does the vehicle liability policy cover you? Not as it stands. But the question could be…
Did the threshold for special awards against insurers just sink lower?
January 9, 2020 by David GambrillA recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In…
Where did that slip and fall liability reform bill land?
January 9, 2020 by Greg MeckbachWill the Ontario government get around to reforming liability for slips and falls on ice before the winter ends? Bill 118, which passed second reading June 6, is intended to make it easier for clients to defend themselves against lawsuits…
Why this town is not liable for electric shock hazard at sports field
January 8, 2020 by Greg MeckbachAn Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the…
What risk managers can learn from Supreme Court ruling in favour of Canada Post
January 8, 2020 by Greg MeckbachHow should risk managers handle situations where their workers could encounter hazards off site? A recent Supreme Court of Canada ruling in favour of Canada Post could provide some guidance, a lawyer suggested Tuesday to Canadian Underwriter. “It is now…
Why phone evidence fell short in this triple-collision fraud lawsuit
January 7, 2020 by Greg MeckbachAn insurer suspicious about a vehicle accident obtains evidence that the occupants of the different vehicles were talking by phone to one another. But without knowing exactly who was talking and what the vehicle occupants were talking about, this type…
“Throw-in” crime coverage: A judge’s cautionary advice to brokers
January 3, 2020 by David GambrillA recent Alberta Court of Queen’s Bench decision warns brokers not to overlook advising their clients on “throw-in” crime coverages in pre-set commercial insurance policies. The court concluded that crime coverage is “core” to a commercial insurance policy — even…