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Legal


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Why this religious organization wants to appeal sexual abuse lawsuit

March 5, 2020 by Greg Meckbach

A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a

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Supreme Court Orphan Well ruling: the impact on brokers one year later

March 4, 2020 by Greg Meckbach

If you place pollution liability coverage, you could be hearing from banks and lenders concerned about oil and gas producers potentially going bankrupt. Inquiries about environment impairment liability are on the rise for at least one major Canadian brokerage following

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How to negotiate the nuanced world of email fraud coverage

March 3, 2020 by Jason Contant

Your commercial client may think they are covered for all types of business email compromise (BEC) fraud automatically, but policy triggers are often nuanced, a speaker said recently at NetDiligence’s Cyber Risk Summit in Toronto. “The biggest misconception of our

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Snowed Under

March 3, 2020 Naomi Grosman

Canada gets a lot of snow. So why is it so difficult to find snowplow insurance in this country?

News InsuranceLegal

Do police need a search warrant to obtain a vehicle’s event data recorder?

March 3, 2020 Colin Perkel - THE CANADIAN PRESS

TORONTO – Police flouted a driver’s rights when they retrieved an electronic recording module from a car wreck days after a crash because they failed to get a search warrant or owner permission first, an Ontario judge has ruled. As

News ClaimsClaims CanadaLegal

Does home insurance cover road rage?

March 2, 2020 by Greg Meckbach

If a client is sued for alleged road rage in Ontario, is coverage for the legal defence the responsibility of the home insurer, auto insurer or both? This question could go to the Supreme Court of Canada if it agrees

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The curious case of whether the home insurance claim had actually been closed

March 2, 2020 by David Gambrill

Think your client is satisfied with how you handled their claim? Better get that in writing. Almost one year after sending a letter to B.C. homeowners confirming that their $232,000 home insurance claim had been closed, a B.C. insurance company

News ClaimsClaims CanadaLegal

New Supreme Court of Canada guidance on liability for Canadian clients operating overseas

February 28, 2020 by Greg Meckbach

If you place commercial liability insurance for clients with supply chains outside of Canada, be sure and check out Friday’s Supreme Court of Canada ruling in Nevsun Resources Ltd. v. Araya. In its divided ruling, Canada’s top court ruled that

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One way ICBC will reduce legal costs

February 26, 2020 by Jason Contant

The government of British Columbia has introduced legislative amendments in an effort to reduce costs and speed up motor vehicle claims in the current auto insurance system. The proposed amendments will limit the number of experts and expert reports that

News BrokersEmploymentInsuranceLegal

Commission payments: How the court resolved this dispute between the broker principal and producer

February 25, 2020 by David Gambrill

A recent case in Ontario serves as a warning to broker principals not to use an employment offer letter as the sole means to describe the brokerage’s commission structure to a new producer. If a commission structure is complicated, the

News ClaimsClaims CanadaLegal

Coverage dispute from 1999 spoiled food recall finally ends

February 24, 2020 by Greg Meckbach

Twenty years after a loss resulting from food getting infested with insects, a commercial client has lost its coverage dispute with St. Paul Fire and Marine Insurance Co. The Supreme Court of Canada announced Thursday it had denied leave to

News ClaimsInsuranceLegal

How Canada’s mandatory breach notification has affected the P&C industry

February 24, 2020 by Jason Contant

Canada’s new mandatory breach notification requirements have increased the number of reported claims, leading to a re-shuffling of claims costs for insurers, according to a privacy lawyer. “It definitely leads to more claims and it makes its presence [known] in