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Legal


News InsuranceLegal

Don’t give up on commercial waivers

January 29, 2019 by Jason Contant

Properly constructed and worded waivers will be upheld in court, with one commercial and insurance lawyer strongly recommending their continued use. “There are policies and procedures and ways to draft agreements where I promise you the waivers will be upheld,”

News InsuranceLegal

Insurers disagree over meaning of ‘household’ in policy language

January 29, 2019 by Greg Meckbach

A dispute over what exactly constitutes a “household” in a home insurance policy has reached the Court of Appeal for Ontario. Several members of the Weiner family were sued after a person drowned in 2010 in a vacation home on

News ClaimsLegal

Premier Ford promises ‘solution’ to Ontario joint and several liability concerns

January 28, 2019 Allison Jones - THE CANADIAN PRESS

TORONTO – Ontario is taking a look at municipalities’ concerns about a legal rule that they say causes “liability chill” and leads some to ban activities such as street hockey and tobogganing. In a speech Monday to the Rural Ontario

News LegalRisk

How your commercial clients are exposed to pot liability even if they don’t produce cannabis

January 25, 2019 by Greg Meckbach

Marijuana poses a liability risk for commercial clients even if they are not in the cannabis business, an insurance lawyer suggests. Suppose your client operates a hotel where a party takes place. If someone smokes cannabis at that party, drives,

News ClaimsInsuranceLegal

Your drunk client arrives home safely. Why your exposure does not end there

January 24, 2019 by Jason Contant

Social hosts owe a duty of care beyond the time when an intoxicated guest returns home safely, the Court of Appeal for Ontario has ruled in a recent decision. In more intimate settings, there is an enhanced risk, and therefore

News BrokersClaimsInsuranceLegal

Trial required to confirm insured’s cash payment to broker, court finds

January 23, 2019 by David Gambrill

A dispute between an auto insurance claimant and a carrier over whether or not the claimant paid her broker in cash to update an auto policy is a genuine matter for trial, an Ontario court has ruled. Marie-Therese Dakane brought

News Legal

One way to bullet-proof your waiver clause: Tribunal

January 14, 2019 by Greg Meckbach

The use of bold lettering and capitalization in a waiver clause helped a storage locker firm defend itself from a claim from a customer. Four storage units were broken into on Aug. 12, 2016. One of those units was rented

News ClaimsInsuranceLegal

How boating accident sparked dispute between insurers

January 11, 2019 by Greg Meckbach

A court decision released this past Wednesday clarifies what should happen if your client is sued and covered by more than one insurance company. Melissa Shawbonquit filed a lawsuit after she was injured in a boating accident in July 2016.

News ClaimsLegal

How waivers of liability could be harder to enforce

January 10, 2019 by Greg Meckbach

The Supreme Court of Canada could make a landmark decision on whether clients facing personal injury lawsuits can enforce waivers in court. In Schnarr v. Blue Mountain Resorts Limited, the Court of Appeal for Ontario ruled in early 2018 that for

News ClaimsInsuranceLegal

Lloyd’s disputes claim over diamond-studded statue

January 8, 2019 THE CANADIAN PRESS

VANCOUVER – A major insurance company is fighting back after a British Columbia court required it to make good on a policy covering a gold, diamond-encrusted eagle statue allegedly stolen in Metro Vancouver more than two years ago. The B.C.

News InsuranceLegal

Homeowner loses case arising from power surge

January 7, 2019 by Greg Meckbach

A British Columbia homeowner who suffered property damage due to an electrical power surge cannot claim damages from the city, the Civil Resolution Tribunal has ruled. In January, 2016, a City of Salmon Arm snowplow hit a power pole, resulting

News ClaimsLegal

Judges disagree on whether a sandbar is a highway

January 4, 2019 by Greg Meckbach

The definition of “highway,” which is often debated in coverage disputes, is not as broad as some might think, the Court of Appeal for British Columbia has ruled. Robert Adam took Insurance Corporation of B.C. to court after he was