Canadian Underwriter

Topic
Legal


Digital hand grenade
News AdjustersClaimsCommercial LinesInsuranceLegalLegislation / RegulationMarkets / CoveragesReinsuranceRisk

Insurers checking their war exclusions for cyberattacks

March 10, 2022 Philip Porado

While cyberattacks have increased since Russia invaded Ukraine and numerous countries responded with tighter sanctions, most of those attacks have been more basic distributed denial-of service attacks on both sides of the conflict, said a DBRS Morningstar commentary on cyber

Sculpture of Themis, mythological
News ClaimsClaims CanadaCommercial LinesInsuranceLegal

Where insurers are at with Canadian pandemic BI litigation

March 9, 2022 by David Gambrill

Canadian courts are dealing with pandemic business interruption (BI) cases at a glacial pace compared to those in the U.K. and the United States, prompting some legal observers to call for judicial reform. “As the pandemic extends into its third

Red White and Blue Parked Trucks Lined up at a Truck Stop in the wintertime in Utah
News CatastrophesClaimsInsuranceLegal

A CEO is injured while jogging. Does his personal or commercial auto benefits apply?

March 8, 2022 by David Gambrill

A company CEO who has both personal and commercial auto insurance is not considered to be a “deemed insured” under the commercial auto policy if he has never before driven a company vehicle – even if he had access to

Anatomy of Shoulder , rotator cuff tear, Shoulder pain. 3d illustration
News ClaimsInsuranceLegal

Court upholds minor injury guideline on shoulder tears

March 7, 2022 by David Gambrill

Partial shoulder tears are “minor injuries” under Ontario’s Minor Injury Guidelines (MIG), which cap accident benefits for drivers suffering minor injuries at $3,500, the License Appeal Tribunal (LAT) has confirmed. Mohd’Ismail Patel, a delivery truck driver, was injured in an

Travel insurance documents to help travelers feel confident in travel safety.
News ClaimsCommercial LinesInsuranceLegal

Court overturns $100K bad faith award against Lloyd’s, Industrial Alliance

March 4, 2022 by David Gambrill

An insured is not entitled to a bad faith cost award based on his travel insurers’ conduct in settling the claim with foreign medical service providers, so long as the insured is not exposed to pay settlement amounts that exceed

Bowling. Lucky strike.
News ClaimsCommercial LinesInsuranceLegal

Fort Mac bowling alley covered for water damage despite flood exclusion

March 1, 2022 by David Gambrill

A Fort McMurray, Alta., bowling alley is entitled to coverage for water damage sustained in the April 2020 flooding, despite its insurance policy containing a clear flood exclusion. The Alberta Court of Queen’s Bench found Intact included a coverage extension

Professional liability insurance policy on a table.
News ClaimsCommercial LinesInsuranceLegal

Court sides with insurer in $2.5-million professional liability case

February 28, 2022 by David Gambrill

Two creditor firms seeking to access insurance policy proceeds in a $2.5-million trust fund misappropriation case against a lawyer lost their bid to interpret the $500,000 sublimit as applying to each of their claims, instead of being an aggregate policy

Pain in all joints-conceptual artwork-3d Illustration
News ClaimsClaims CanadaInsuranceLegalLegislation / Regulation

You must show more than pain to claim a non-earner benefit

February 23, 2022 by David Gambrill

It’s a long-held proposition that auto insurance is supposed to restore an injured driver to their pre-accident state of health — but what if that state was one of chronic pain following 15 years of being injured in a prior

Real Estate House Appraisal And Appraisers Inspection
News AdjustersClaimsClaims CanadaInsuranceLegal

Appraisers in home insurance claims don’t have to be neutral, court finds

February 17, 2022 by David Gambrill

Appraisers in home insurance claims don’t have to be neutral, the umpires do, the Court of Appeal for Ontario has ruled. In Desjardins General Insurance Group v. Campbell, Ruth Campbell made a home insurance claim against Desjardins General Insurance Group after a

Successful business woman leading a group and looking at the camera smiling
News Commercial LinesInsuranceLegal

Lawyers on boutique D&O: Don’t just take your broker’s word for it

February 16, 2022 by David Gambrill

For boutique D&O coverages, a law firm says companies should be bringing in a lawyer to look at the contract coverage and not just rely on the opinion of the insurance broker about coverage. This is particularly true in business

Canadian Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland speaks during a news conference announcing the Emergencies Act will be invoked to deal with protests, Monday, February 14, 2022 in Ottawa. Trudeau says he has invoked the Emergencies Act to bring to an end antigovernment blockades he describes as illegal and not about peaceful protest. THE CANADIAN PRESS/Adrian WyldTHE CANADIAN PRESS/Adrian Wyld
News InsuranceLegal

What we know about suspending insurance under The Emergencies Act

February 16, 2022 by Alyssa DiSabatino

Canada’s federal government has begun to provide some clarity around the wording and application of its newly released Emergency Economic Measures Order, but the insurance industry still isn’t clear on how exactly it will be enacted, and industry observers and

Paper and pulp mill
News ClaimsCommercial LinesConstructionInsuranceLegal

Insurers lose privilege bid after mill’s internal explosion investigation

February 11, 2022 by David Gambrill

Six insurance companies and a pulp and paper manufacturing company, Fortress Specialty Cellulose, have lost their bid to have a PowerPoint presentation about the cause of a commercial explosion protected under litigation privilege. In rejecting their argument, the Superior Court