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Why these homeowners lost their negligence lawsuit against a Hub brokerage

January 24, 2020 by Greg Meckbach

British Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana

News ClaimsClaims CanadaLegalRestoration

Couple sued over basement flooding after selling fixer-upper

January 20, 2020 by Greg Meckbach

A Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The

News ClaimsClaims CanadaEngineeringLegal

How this buried oil tank came back to haunt former homeowners

January 17, 2020 by Greg Meckbach

If your clients are selling their home, should you ask whether prospective buyers want written assurance that any oil tanks are removed and the soil cleaned up? Scott Warren and Antonia Camille Fantillo sold their home in early 2016. They

News InsuranceLegal

Pollution exclusion means no coverage for this dry cleaner defendant

January 16, 2020 by Greg Meckbach

A British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot

News InsuranceLegal

Could auto liability cover negligent parenting lawsuit?

January 13, 2020 by Greg Meckbach

If you allow your child to ride in a vehicle allegedly driven by an impaired driver, and your child sues you for negligent parenting, does the vehicle liability policy cover you? Not as it stands. But the question could be

News AdjustersClaimsInsuranceLegal

Did the threshold for special awards against insurers just sink lower?

January 9, 2020 by David Gambrill

A recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In

News ClaimsClaims CanadaCommercial LinesLegal

Where did that slip and fall liability reform bill land?

January 9, 2020 by Greg Meckbach

Will the Ontario government get around to reforming liability for slips and falls on ice before the winter ends? Bill 118, which passed second reading June 6, is intended to make it easier for clients to defend themselves against lawsuits

News EngineeringInsuranceLegal

Why this town is not liable for electric shock hazard at sports field

January 8, 2020 by Greg Meckbach

An Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the

News InsuranceLegalRisk

What risk managers can learn from Supreme Court ruling in favour of Canada Post

January 8, 2020 by Greg Meckbach

How should risk managers handle situations where their workers could encounter hazards off site? A recent Supreme Court of Canada ruling in favour of Canada Post could provide some guidance, a lawyer suggested Tuesday to Canadian Underwriter. “It is now

News Legal

Why phone evidence fell short in this triple-collision fraud lawsuit

January 7, 2020 by Greg Meckbach

An insurer suspicious about a vehicle accident obtains evidence that the occupants of the different vehicles were talking by phone to one another. But without knowing exactly who was talking and what the vehicle occupants were talking about, this type

News BrokersCommercial LinesInsuranceLegal

“Throw-in” crime coverage: A judge’s cautionary advice to brokers

January 3, 2020 by David Gambrill

A recent Alberta Court of Queen’s Bench decision warns brokers not to overlook advising their clients on “throw-in” crime coverages in pre-set commercial insurance policies. The court concluded that crime coverage is “core” to a commercial insurance policy — even

News InsuranceLegal

What can go wrong if adjuster fails to obtain coroner’s report

January 3, 2020 by Greg Meckbach

An auto insurer wants to deny liability coverage because its client had alcohol in his blood when he died. The thing is, the insurance company didn’t know its client had alcohol in his blood for three years, which is how