Topic
Legal
COVID-related fraud schemes that IBC has observed
June 2, 2020 by Greg MeckbachFour vehicles were reported stolen to separate insurers, from the same driveway, on the same night in Brampton, Ont. This is just one example of alleged fraud identified shortly after the onset of the COVID-19 pandemic, the Insurance Bureau of…
Dozens of businesses damaged after Montreal anti racism rally
June 1, 2020 THE CANADIAN PRESSMONTREAL – Eleven people were arrested after tensions flared between protesters and police on Sunday night following a Montreal demonstration demanding justice for a black man who died following a police intervention in Minnesota. Demonstrators had gathered to denounce racism…
Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny
May 29, 2020 by Greg MeckbachA $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won…
A new trend for BI coverage dispute lawsuits
May 28, 2020 by Greg MeckbachCommercial insurers who deny business interruption claims during COVID-19 could be sued by clients whose legal fees come from third-party litigation funding providers, an industry watcher suggests. “One thing that is happening now is a lot of insurance companies are…
Opinion: How changes forced by pandemic are reducing litigation costs
May 26, 2020 Ari Krajden, Kawaguchi Krajden LLPIt has become common to say that we’re living through an unprecedented time. We’re also living in a time of great change that has been forced upon us. Some of these changes have been for the better — and have…
How liability coverage limits determined what this bar owed in commercial host lawsuit
May 25, 2020 by Greg MeckbachA bar found 20% liable for an impaired driving accident has to pay two-thirds of the plaintiff’s legal costs and wound up paying double for damages what the at-fault motorist paid. Hummel v. Jantzi, released May 14 by the Ontario…
Broker loses licence for failing to disclose two of his bankruptcies
May 25, 2020 by David GambrillA B.C. broker received a two-year licence suspension and a $7,500 fine for failing to disclose two of his bankruptcies to the province’s broker regulator. Amarpal Singh Atwal, who has been licensed as a broker since 1983, filed for bankruptcy…
The three pandemic BI exclusions at the centre of a class action lawsuit
May 22, 2020 by Greg MeckbachA Laval area restaurant that says it has lost more than $700,000 in two months as a result of the pandemic is not taking no for an answer from the insurer, who says business interruption coverage does not apply because…
Why it might get easier for plaintiffs to fund their lawsuits
May 21, 2020 by Greg MeckbachWith a recent Supreme Court of Canada decision involving third-party litigation funding coming on top of the economic disruption caused by the COVID-19 pandemic, Canadian courts are likely to see a spike some types of lawsuits, suggests the head of…
Q&A: Business Continuity in the Digital Age
May 21, 2020 by David GambrillElectronic signatures, also known as “eSignatures,” are basically the digital equivalent of handwritten signatures. Quite a few eSignature options are available to brokers and their clients. Some wonder if a universal standard may apply. We raised the issue recently with…
What can go wrong if ‘actual cash value’ is not clearly defined in a property policy
May 19, 2020 by Greg MeckbachAfter a 132-year-old Cape Breton Island building was heavily damaged by a sprinkler line failure, there was a huge disparity between the property owner and insurer’s versions of “actual cash value.” The claimant said $1.59 million, while the insurer said…
How curbside retail re-opening creates liability risk
May 14, 2020 by Greg MeckbachRetailers who are partially re-opening without letting customers into their stores could face liability risk if customers are somehow injured just outside the store, an insurance defence lawyer suggests. Since May 11, some Ontario retailers who were originally ordered closed…