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Legal

News Commercial LinesInsuranceLegal

Why the court upheld Intact’s enforcement of a 2-year deadline to rebuild

February 20, 2020 by David Gambrill

A company that had its commercial building destroyed in a 2011 fire is not entitled to a $3-million payment from Intact Insurance to replace the building, because the company did not rebuild within the two-year time limit specified in a

News ClaimsClaims CanadaEngineeringInsuranceLegal

The breach from the throne

February 19, 2020 by Greg Meckbach

Faulty toilet supply lines, often the source of six- and seven-figure water claims, are leading to subrogated claims against manufacturers, installers and others involved in the supply chain leading to your clients’ washrooms. The way a toilet works is that

News ClaimsInsuranceLegal

Boy Scouts seek bankruptcy protection following sexual abuse lawsuits

February 19, 2020 David Crary and Brady McCombs - THE ASSOCIATED PRESS

The Boy Scouts of America urged victims to come forward Tuesday as the historic, 110-year-old organization filed for bankruptcy protection in the first step toward creating a huge compensation fund for potentially thousands of men who were molested as youngsters

News ClaimsInsuranceLegal

Another way to wreck a condo: Water cooler leaks

February 18, 2020 by David Gambrill

Intact Insurance recently lost a subrogation case in B.C.’s small claims court because it couldn’t prove a cracked water bottle was the source of a water leak that caused $5,000 damage to the condo unit below. One moral of the

News ClaimsClaims CanadaLegal

End of road for vehicle occupant sued for negligent parenting

February 18, 2020 by Greg Meckbach

A defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not

News InsuranceLegal

How does directors’ and officers’ vicarious liability work with franchise corporations?

February 14, 2020 by Greg Meckbach

If your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large

News ClaimsInsuranceLegal

Why Intact lost this court case over professional fees

February 13, 2020 by Jason Contant

If your client wants to be covered under a professional fees endorsement, must these fees be required by the insurer? The question was put to the Ontario Superior Court of Justice recently. Ontario Superior Court Justice David Edwards found that,

News Legal

Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond

February 12, 2020 by Greg Meckbach

The Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty

News Climate ChangeInsuranceLegal

How climate change may heat up your liability lines

February 7, 2020 by David Gambrill

Look for climate change to heat up Canada’s liability lines over the next 10 years, as lawsuits begin to fly against the alleged corporate perpetrators of greenhouse gas emissions. Climate liability is an emerging risk for Canadian property and casualty

News AssociationsBrokersInsuranceLegal

What brokers and trial lawyers think about ICBC’s new care-based model

February 7, 2020 by Jason Contant

The government of British Columbia has announced it will be “removing lawyers and legal costs from the system” to lower public auto insurance rates by about 20%, a move applauded by the province’s brokers association but panned by trial lawyers.

News ClaimsClaims CanadaInsuranceLegal

Appeal court overturns controversial ruling on auto coverage arising from overseas accident

February 7, 2020 by Greg Meckbach

A controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF

News ClaimsClaims CanadaInsuranceLegal

Does ‘material change in risk’ clause need better clarity?

February 3, 2020 by Greg Meckbach

Despite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack