Canadian Underwriter

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Legal

News ClaimsInsuranceLegal

Cyclist loses bid to summon the Queen to court in auto insurance case

July 23, 2021 by David Gambrill

A B.C. cyclist injured in a car collision has lost his bid to demand an audience with Her Majesty Queen Elizabeth II in an effort to make his case against the province’s public auto insurer. In addition to seeking an

News AdjustersClaimsClaims CanadaLegal

Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’

July 23, 2021 by Greg Meckbach

As the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance

News ClaimsClaims CanadaEngineeringLegalRestoration

Why your clients should do an inspection before buying a home

July 21, 2021 by Greg Meckbach

A couple who discovered a leaking bathtub after moving into their new home cannot get compensation from the sellers. A “reasonable inspection” would have revealed a water problem before Tyler and Keva Luscombe bought their home in 2020, the British

News ClaimsClaims CanadaLegal

The legal pitfalls of online and over-the-phone insurance applications

July 20, 2021 by Greg Meckbach

A property insurer can be stuck paying out on a claim even though the client made a “material omission” on their insurance application, but the industry can mitigate this risk by being especially careful when taking applications over the phone

News AdjustersClaimsClaims CanadaInsuranceLegal

Top court asked to create “new law” in waiver case involving insurer’s flip-flop on coverage

July 14, 2021 by Greg Meckbach

Canadian law on estoppel or waiver could change if the Supreme Court of Canada rules against RSA in Trial Lawyers Association of British Columbia v. Royal and Sun Alliance Insurance Company of Canada, a Vancouver-based insurance lawyer suggested Tuesday. Estoppel

News ClaimsConstructionEngineeringInsuranceLegal

Temple Insurance wins appeal in construction wrap-up dispute

July 12, 2021 by Greg Meckbach

Temple Insurance Company has won its appeal of a 2020 Court of Queen’s Bench of Saskatchewan ruling in a disputed construction wrap-up liability claim. Temple now has to pay some (but not all) of the legal defence costs incurred by

News ClaimsLegal

Why delivery company is liable for damage to parked car

July 9, 2021 by Greg Meckbach

If a commercial auto client is accused of causing damage to a third-party vehicle, the client could be harming its legal position if it fails to produce a statement from its own driver. United Parcel Service Canada Ltd. is on

News ClaimsClaims CanadaInsuranceLegalLegislation / RegulationTechnology

Internet kills idea of an inconvenient place to defend your client: Judge

June 30, 2021 by David Gambrill

In the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.

News ClaimsInsuranceLegal

Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment

June 28, 2021 by Greg Meckbach

The Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended

News ClaimsInsuranceLegal

Who’s at fault in this duel for street parking?

June 25, 2021 by David Gambrill

In a territorial battle for street parking involving sneakiness and deception, a B.C. driver lost his bid to recover his increased auto insurance premium following a minor collision — even though he managed to shift half of the fault over

News Claims CanadaInsuranceLegal

Here’s what can go wrong if you give away a salvage vehicle

June 24, 2021 by Greg Meckbach

A couple who thought they received a written-off camper trailer as a gift are entitled to some compensation for repairs they made before the registered owner came to retrieve the vehicle, a Newfoundland and Labrador court has ruled. Sherry Drake

News ConstructionInsuranceLegalMergers and Aqcuisitions

Global insurance law firm expands its Canadian presence

June 23, 2021 by David Gambrill

Global insurance law firm Clyde & Co will be entering the B.C. market through a merger with SHK Law Corporation in B.C., effective July 1. The terms of the merger were not disclosed. B.C.’s property and casualty insurance market is