Canadian Underwriter

Topic
Legal

Feature Legal

Losing faith

April 7, 2020 Harmon C. Hayden, founder, Harmon Hayden Law

A defendant insurer admits coverage, so why did the court say its actions showed bad faith?

News Legal

Lawsuits filed before two-year anniversary of Broncos bus crash

April 6, 2020 Stephanie Taylor and Bill Graveland - THE CANADIAN PRESS

It’s been almost two years since the deadly Humboldt Broncos bus crash in Saskatchewan and with the solemn anniversary comes a closing legal window that has seen several lawsuits filed in court. Sixteen people died and 13 others were injured

News InsuranceLegalRisk

Why insurers can expect to see a surge in demand for pandemic BI coverage

April 1, 2020 by Greg Meckbach

Your commercial clients could start asking for business interruption insurance that includes pandemic, if they have not already, a human resources lawyer says. “I think after this pandemic, most companies would probably be well-advised to take a look at their

News EmploymentLegalRisk

Employers will have to show they prepared workers to avoid breaches, lawyer says

April 1, 2020 David Paddon - THE CANADIAN PRESS

TORONTO – Amid the mass transition to remote working as a result of the COVID-19 pandemic, most employers are likely focused on operational issues in order to get their employees up and running in their new home offices. However, in

News ClaimsClaims CanadaLegal

Tenant shares liability for attack on visitor by homeowner’s dog

March 19, 2020 by Greg Meckbach

A Calgary homeowner and her tenant are on the hook for more than $20,000 after a waste removal contractor was attacked on the property by a dog. In Malig v. Kaur, released Mar. 16, the Alberta Court of Appeal ruled

News Claims CanadaLegalRisk

How D&O claims could arise from COVID-19

March 17, 2020 by Greg Meckbach

If your clients are accused of failing to warn shareholders of the impact of COVID-19, their directors and officers could have liability exposure, experts from Marsh suggest. Generally speaking, directors and officers tend to have the same liability exposure as

News AdjustersClaimsClaims CanadaInsuranceLegal

How liability insurance responds (or not) to COVID-19

March 16, 2020 by Greg Meckbach

If your clients are sued as a result of the COVID-19 pandemic, don’t assume they will be covered by a commercial general liability policy. General liability policies have exclusions; and for COVID-19, the most relevant exclusion is probably pollution, suggested

News ClaimsClaims CanadaCommercial LinesEngineeringLegalRisk

How commercial lease terms affect gas bars’ pollution liability

March 12, 2020 by Greg Meckbach

If a retail gas station has to remove underground tanks and contaminated soil, is the landlord or tenant responsible for the costs? Much of it depends on the terms of the lease and case law around commercial tenants’ trade fixtures,

News LegalRisk

Court approves settlement for women suing RCMP over discrimination

March 11, 2020 Colin Perkel - THE CANADIAN PRESS

TORONTO – A group of women won final court approval on Tuesday for their multimillion-dollar class action against the RCMP over gender-based abuse and discrimination. The open-ended settlement will allow each plaintiff to claim between $10,000 and $220,000 – depending

News ClaimsClaims CanadaInsuranceLegal

Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

News ClaimsClaims CanadaCommercial LinesLegal

How not to handle a lawsuit alleging historical environmental contamination

March 9, 2020 by Greg Meckbach

Brokers wanting to advise commercial clients on pollution liability risk might learn a lesson or two from London Transit Commission v. Eaton Industries (Canada) Company, released this past Friday by the Ontario Superior Court of Justice. London, Ontario’s city bus

Feature Legal

Sound and Fury

March 7, 2020 David Gambrill, Editor in Chief

Who will decide the epic battle going on in B.C. over public v. private auto?