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News ClaimsClaims CanadaInsuranceLegal

The liability of long-term care facilities: COVID-19’s projected impact

April 24, 2020 by Greg Meckbach

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,

News Commercial LinesInsuranceLegal

Will more Canadian insurers introduce COVID-inspired D&O exclusions?

April 21, 2020 by Jason Contant

The Canadian insurance industry will struggle with adding exclusions related to COVID-19 in directors and officers (D&O) policies, “particularly in light of the fear that adding them now will suggest past policies did not exclude these issues,” a Toronto lawyer

News ClaimsInsuranceLegal

Could a homeowner’s policy trigger liability coverage for COVID-19?

April 20, 2020 by Jason Contant

A homeowner’s insurance policy will not likely be called upon to respond to a liability claim arising from the transmission of COVID-19, an insurance litigation lawyer said Friday. As such, brokers likely don’t need to take the initiative to advise

News ClaimsClaims CanadaCommercial LinesInsuranceLegalLegislation / Regulation

Fairfax predicts court’s reaction to legislated retroactive BI policy changes

April 16, 2020 by Greg Meckbach

If laws get passed retroactively changing business interruption policy wording so that pandemic losses now get covered, insurers will likely launch legal challenges that will be looked at by high court judges, Fairfax Financial CEO Prem Watsa suggests. During Fairfax’s

News ClaimsInsuranceLegal

Meet the restauranteur who’s taking the industry to court over pandemic BI coverage

April 14, 2020 by Greg Meckbach

Believe it or not, some commercial clients expect business interruption insurance to cover loss of income if the business gets interrupted, even if the cause of the interruption is a pandemic. Regina restaurant owner Thomas Siarkos is one such client.

News InsuranceLegalRisk

Coronavirus triage protocols: Hard choices over ventilator shortages shouldn’t put doctors at legal risk

April 14, 2020 Jocelyn Downie, James Palmer Chair in Public Policy and Law, University Research Professor, Dalhousie University - THE CANADIAN PRESS

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. Author: Jocelyn Downie, James Palmer Chair in Public Policy and Law,

News AdjustersClaimsClaims CanadaCommercial LinesInsuranceLegal

The advice some lawyers give commercial clients over pandemic BI coverage

April 9, 2020 by Greg Meckbach

Brokers advising commercial clients that business interruption is not usually covered during a pandemic should not be surprised if those clients are hearing something different from their lawyers. “I would caution policyholders to thoroughly review their specific policy language before

News InsuranceLegal

MDS ruling begs the question: Are your BI pandemic exclusions iron-clad?

April 9, 2020 Zoran Samac & Rohan Haté *

After recent events surrounding the COVID-19 pandemic, in addition to a recent Ontario Superior Court decision about business interruption in a nuclear incident, Canadian P&C underwriters may want to take a second look at the wording of their pandemic exclusions

Feature Legal

Losing faith

April 7, 2020 Harmon C. Hayden, founder, Harmon Hayden Law

A defendant insurer admits coverage, so why did the court say its actions showed bad faith?

News Legal

Lawsuits filed before two-year anniversary of Broncos bus crash

April 6, 2020 Stephanie Taylor and Bill Graveland - THE CANADIAN PRESS

It’s been almost two years since the deadly Humboldt Broncos bus crash in Saskatchewan and with the solemn anniversary comes a closing legal window that has seen several lawsuits filed in court. Sixteen people died and 13 others were injured

News InsuranceLegalRisk

Why insurers can expect to see a surge in demand for pandemic BI coverage

April 1, 2020 by Greg Meckbach

Your commercial clients could start asking for business interruption insurance that includes pandemic, if they have not already, a human resources lawyer says. “I think after this pandemic, most companies would probably be well-advised to take a look at their

News EmploymentLegalRisk

Employers will have to show they prepared workers to avoid breaches, lawyer says

April 1, 2020 David Paddon - THE CANADIAN PRESS

TORONTO – Amid the mass transition to remote working as a result of the COVID-19 pandemic, most employers are likely focused on operational issues in order to get their employees up and running in their new home offices. However, in