Topic
Legal
TD Insurance’s unique defence to BI class action lawsuits
July 30, 2020 by Greg MeckbachA 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…
Claimant learns the difference between “hit-and-run” and collision damage
July 28, 2020 by David GambrillA 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)…
Hotels sue Aviva Canada for $150 million in proposed BI class action
July 27, 2020 by David GambrillLerners 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…
Why a tribunal changed the insurer’s finding of fault in this parking lot claim
July 24, 2020 by David GambrillB.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…
The issue with this waiver in trampoline personal injury lawsuit
July 22, 2020 by Greg MeckbachAn 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…
A P&C insurance-specific guide for returning to the office: Deloitte
July 21, 2020 by David GambrillAs 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…
Court dismisses class action against insurers for handling of HST in auto AB claims
July 17, 2020 by David GambrillOntario’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…
How liability is shared for this left-turn collision at a yellow stoplight
July 14, 2020 by Greg MeckbachA 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…
A province’s second effort to limit auto trial experts is enacted into law
July 13, 2020 by David GambrillStymied 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…
Auto insurers, province dispute whether B.C.’s Bill 11 limits competition
July 9, 2020 by David GambrillThe 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…
The Aviva contagious disease policy wording at issue in class action BI coverage dispute
July 8, 2020 by Greg MeckbachThe 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…
More class actions headed to court over pandemic business interruption
July 7, 2020 by Greg MeckbachClass 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)…