Topic
Legal
How brokers can protect clients from ESG and DEI claims risk
April 25, 2023 Philip PoradoBrokers placing directors and officers (D&O) insurance coverage should recognize the growing importance of how private company clients manage both environmental, social and governance (ESG) and diversity, equity and inclusion (DEI) concerns. Those issues are of increasing concern to the…
Insurer successfully defends flood exclusion in water damage endorsement
April 21, 2023 by David GambrillA Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…
Break-in at government office results in privacy breach
April 21, 2023 The Canadian PressYELLOWKNIFE – The Northwest Territories government says a break-in at its Department of Education, Culture and Employment headquarters in Yellowknife has resulted in a privacy breach affecting about 3,000 people. The government says the break-in occurred early on Sunday and…
Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack
April 14, 2023 by David GambrillIntact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…
$14.7 million settlement in sex abuse class action against Montreal archdiocese
April 14, 2023 Sidhartha Banerjee - THE CANADIAN PRESSMONTREAL – A $14.7-million settlement has been reached in a class-action lawsuit brought against the Montreal Roman Catholic archdiocese, and a judge will be asked to sign off on the deal in the coming weeks, the plaintiffs’ lawyer said Thursday.…
What financial uncertainty may mean for D&O claims
April 12, 2023 Philip PoradoPrivate companies, including not-for-profits, face rising legal and other exposures from lenders and private investors, customers and employees that can impact Directors & Officers (D&O) insurance policies. And, over the past three years, economic volatility has emerged as a key…
Why resolving claims disputes is about more than numbers
April 11, 2023 Derek SayersWant to increase the likelihood of a construction project insurance claim being accepted? Take the time to validate each aspect of that claim. The upfront work will make it easier for any umpires, mediators, consultants or lawyers brought in to…
Can’t find defendants in auto liability cases? Don’t serve their insurers instead.
April 5, 2023 by David GambrillOntario’s Court of Appeal has laid down the law on trial lawyers habitually serving defendants’ auto liability insurers as a matter of course when they can’t find the defendants to serve notice of the lawsuit. Don’t do it. “As a…
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…
Why cyber tracking technology litigation could be coming to Canada
March 31, 2023 by Alyssa DiSabatinoInsurers can expect pixel liability to “rear its ugly head” in Canada after recent litigation in the U.S., a lawyer at the NetDiligence Cyber Risk Summit said. Especially as one Canadian home improvement company has been deemed by the…
Aviva loses bid to quash class action for COVID-related BI losses
March 28, 2023 by David GambrillOntario’s Superior Court has certified a class action lawsuit by a window and door manufacturer against Aviva Canada related to the insurer’s broad denial of pandemic-related business interruption claims. In doing so, the court rejected Aviva’s motion to have the…
Will fragile economy make it harder for brokers to sell D&O?
March 28, 2023 Philip PoradoA double-whammy of negative pricing shifts and claims uncertainty is hitting the Directors and Officers (D&O) insurance segment in the U.S., said a recent report from Fitch Ratings. It’s happening at a time when Canadian D&O lines are seeing some…