Canadian Underwriter

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Legal


News ClaimsClaims CanadaLegal

Tenant shares liability for attack on visitor by homeowner’s dog

March 19, 2020 by Greg Meckbach

A Calgary homeowner and her tenant are on the hook for more than $20,000 after a waste removal contractor was attacked on the property by a dog. In Malig v. Kaur, released Mar. 16, the Alberta Court of Appeal ruled

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How D&O claims could arise from COVID-19

March 17, 2020 by Greg Meckbach

If your clients are accused of failing to warn shareholders of the impact of COVID-19, their directors and officers could have liability exposure, experts from Marsh suggest. Generally speaking, directors and officers tend to have the same liability exposure as

News AdjustersClaimsClaims CanadaInsuranceLegal

How liability insurance responds (or not) to COVID-19

March 16, 2020 by Greg Meckbach

If your clients are sued as a result of the COVID-19 pandemic, don’t assume they will be covered by a commercial general liability policy. General liability policies have exclusions; and for COVID-19, the most relevant exclusion is probably pollution, suggested

News ClaimsClaims CanadaCommercial LinesEngineeringLegalRisk

How commercial lease terms affect gas bars’ pollution liability

March 12, 2020 by Greg Meckbach

If a retail gas station has to remove underground tanks and contaminated soil, is the landlord or tenant responsible for the costs? Much of it depends on the terms of the lease and case law around commercial tenants’ trade fixtures,

News LegalRisk

Court approves settlement for women suing RCMP over discrimination

March 11, 2020 Colin Perkel - THE CANADIAN PRESS

TORONTO – A group of women won final court approval on Tuesday for their multimillion-dollar class action against the RCMP over gender-based abuse and discrimination. The open-ended settlement will allow each plaintiff to claim between $10,000 and $220,000 – depending

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Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

News ClaimsClaims CanadaCommercial LinesLegal

How not to handle a lawsuit alleging historical environmental contamination

March 9, 2020 by Greg Meckbach

Brokers wanting to advise commercial clients on pollution liability risk might learn a lesson or two from London Transit Commission v. Eaton Industries (Canada) Company, released this past Friday by the Ontario Superior Court of Justice. London, Ontario’s city bus

Feature Legal

Sound and Fury

March 7, 2020 David Gambrill, Editor in Chief

Who will decide the epic battle going on in B.C. over public v. private auto?

News Legal

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

News ClaimsClaims CanadaLegalRisk

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

News BrokersCommercial LinesInsuranceLegalMarkets / CoveragesTechnology

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

Feature ClaimsClaims CanadaCommercial LinesLegalRisk

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?