Topic
Legal
What this Vancouver plaintiff’s lawyer says about pandemic business interruption coverage
October 27, 2020 by Greg MeckbachA British Columbia lawyer suggests at least half the business interruption insurance policies he has reviewed should cover a client who lost business because of emergency measures imposed to contain the novel coronavirus. “People who have ‘all-risk’ policies should be…
Why brokers are going to get sued over pandemic business interruption claims
October 21, 2020 by Greg MeckbachSome brokers are going to get sued by clients whose COVID-19 business interruption claims were denied, a keynote speaker warned Insurance Brokers Association of Ontario (IBAO) members Wednesday. “The main area of claim will be failure to advise of potential…
Why this client can only recover $50,000 on a $2.7-million commercial crime claim
October 16, 2020 by Greg MeckbachAn electronics distributor that lost nearly $2.7-million because its accounts payable staff were duped by fraudsters cannot claim under policy wording covering funds transfer fraud, a Quebec court has ruled. In Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance…
What Canada’s Supreme Court says about employers’ liability for bonuses
October 15, 2020 by Greg MeckbachA constructive dismissal award against a Halifax-based fish oil maker of nearly $1.1-million has been restored by the Supreme Court of Canada. When it comes to employment practices liability, a key lesson from Matthews v. Ocean Nutrition Canada Ltd., released…
Why the court found the landlord responsible for this winter roof collapse
October 13, 2020 by Greg MeckbachA courier firm has successfully sued its landlord for $188,000 after the roof of its Halifax area warehouse collapsed under the weight of snow and ice. In Transport Canpar L.P. v. 3258042 Nova Scotia Limited, released Oct. 8, Justice Richard…
How COVID-19 can trigger a ‘force majeure’ or ‘act of God’ clause in a contract
October 7, 2020 by Greg MeckbachThe COVID-19 pandemic could be considered an “act of God,” but that doesn’t necessarily mean a client can recoup a deposit for cancelling a large gathering, a recent British Columbia Civil Resolution Tribunal ruling suggests. While most property and casualty…
What business interruption coverage appeal to U.K. Supreme Court could look like
October 6, 2020 by Greg MeckbachBritish insurers are not taking yes for an answer from the High Court of England and Wales, which recently ruled that insuring business interruption “following” a notifiable disease, within a certain distance of the client, does in fact mean that…
Appeal court dismisses lawsuit against Economical over additional insured endorsement
October 5, 2020 by Greg MeckbachA solar energy developer has lost its appeal against Economical in a commercial coverage dispute regarding an additional insured, in which the policy wording referred to “liability arising out of the operations” of the insured. “Contractual insurance obligations and additional…
Mud and snow tires in winter prompts another small claim in B.C.
October 1, 2020 by Greg MeckbachBritish Columbia car rental companies that provide mud and snow tires in December or January are keeping the province’s Civil Resolution Tribunal busy. In Fraser v. ICBC, released Wednesday, the CRT ruled against a claimant who sought $5,000 in damages…
Mud + snow tires count as winter tires: Tribunal
September 28, 2020 by Greg MeckbachBritish Columbia’s civil resolution tribunal has ruled against a motorist who claims the car he rented did not have proper winter tires because they were marked “mud + snow,” but the motorist is not liable for alleged damage to the…
Why this client wants to take insurer to Supreme Court over family protection endorsement
September 25, 2020 by Greg MeckbachA motor vehicle personal injury lawsuit, involving Ontario’s family protection endorsement and multiple defendants when alcohol is involved, could be headed to the Supreme Court of Canada. A key question before the top court — if it decides to hear…
How Canadian courts could be influenced by U.K. business interruption test case
September 23, 2020 by Greg MeckbachA recent British court ruling could be good news for Canadian clients who bought insurance covering business interruption from an occurrence of a notifiable disease within a specified distance of their premises, and who had to close due to the…