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What can go wrong if ‘actual cash value’ is not clearly defined in a property policy

May 19, 2020 by Greg Meckbach

After a 132-year-old Cape Breton Island building was heavily damaged by a sprinkler line failure, there was a huge disparity between the property owner and insurer’s versions of “actual cash value.” The claimant said $1.59 million, while the insurer said

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How curbside retail re-opening creates liability risk

May 14, 2020 by Greg Meckbach

Retailers who are partially re-opening without letting customers into their stores could face liability risk if customers are somehow injured just outside the store, an insurance defence lawyer suggests. Since May 11, some Ontario retailers who were originally ordered closed

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Why a strata corporation is on the hook for restoration costs in individual unit

May 12, 2020 by Greg Meckbach

A strata corporation that tried to charge a unit owner $1,260 in water damage restoration costs has lost its case before the British Columbia Civil Resolution Tribunal. In July 2019, an outdoor water tap failed, causing water to enter a

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Covid-19 Webinar (Part 2): Cyber Security in a Remote World

May 12, 2020 by Canadian Underwriter

Canadian Underwriter hosted a free webinar on April 29 to discuss emerging cyber threats during the COVID-19 pandemic. The webinar panel featured three cybersecurity experts in the industry, including Eduard Goodman, global privacy officer at CyberScout, Tim Zeilman, vice president

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COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other

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Why Intact says most clients have no pandemic business interruption coverage

May 6, 2020 by Greg Meckbach

Fewer than 1% of the commercial property policies that Intact Financial Corp. writes should incur business interruption claims from the coronavirus pandemic, company officials suggested Wednesday. But the insurer has set aside more than $80 million to account for possible

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Aviva loses battle in faulty workmanship exclusion dispute

May 5, 2020 by Greg Meckbach

The application of faulty workmanship exclusions continues to be a subject of disagreement among judges, a Court of Appeal of Alberta ruling from last week shows. The Court of Appeal of Alberta recently found that if a construction contractor causes

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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I

News AdjustersClaimsClaims CanadaLegal

Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a

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BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance

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Is the risk of coronavirus a ‘physical loss’ to the property?

April 29, 2020 by Greg Meckbach

Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a

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Supreme Court of Canada to hear coverage dispute over fatal motorcycle accident

April 27, 2020 by Greg Meckbach

The Supreme Court of Canada announced it will hear an auto liability coverage dispute involving RSA Canada, insurer of a motorcyclist who had alcohol in his system while holding a probationary licence. The motorcyclist, Steven Devecseri, was killed May 29,