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Legal


News InsuranceLegal

Do police need a search warrant to obtain a vehicle’s event data recorder?

March 3, 2020 Colin Perkel - THE CANADIAN PRESS

TORONTO – Police flouted a driver’s rights when they retrieved an electronic recording module from a car wreck days after a crash because they failed to get a search warrant or owner permission first, an Ontario judge has ruled. As

News ClaimsClaims CanadaLegal

Does home insurance cover road rage?

March 2, 2020 by Greg Meckbach

If a client is sued for alleged road rage in Ontario, is coverage for the legal defence the responsibility of the home insurer, auto insurer or both? This question could go to the Supreme Court of Canada if it agrees

News ClaimsInsuranceLegal

The curious case of whether the home insurance claim had actually been closed

March 2, 2020 by David Gambrill

Think your client is satisfied with how you handled their claim? Better get that in writing. Almost one year after sending a letter to B.C. homeowners confirming that their $232,000 home insurance claim had been closed, a B.C. insurance company

News ClaimsClaims CanadaLegal

New Supreme Court of Canada guidance on liability for Canadian clients operating overseas

February 28, 2020 by Greg Meckbach

If you place commercial liability insurance for clients with supply chains outside of Canada, be sure and check out Friday’s Supreme Court of Canada ruling in Nevsun Resources Ltd. v. Araya. In its divided ruling, Canada’s top court ruled that

News ClaimsInsuranceLegal

One way ICBC will reduce legal costs

February 26, 2020 by Jason Contant

The government of British Columbia has introduced legislative amendments in an effort to reduce costs and speed up motor vehicle claims in the current auto insurance system. The proposed amendments will limit the number of experts and expert reports that

News BrokersEmploymentInsuranceLegal

Commission payments: How the court resolved this dispute between the broker principal and producer

February 25, 2020 by David Gambrill

A recent case in Ontario serves as a warning to broker principals not to use an employment offer letter as the sole means to describe the brokerage’s commission structure to a new producer. If a commission structure is complicated, the

News ClaimsClaims CanadaLegal

Coverage dispute from 1999 spoiled food recall finally ends

February 24, 2020 by Greg Meckbach

Twenty years after a loss resulting from food getting infested with insects, a commercial client has lost its coverage dispute with St. Paul Fire and Marine Insurance Co. The Supreme Court of Canada announced Thursday it had denied leave to

News ClaimsInsuranceLegal

How Canada’s mandatory breach notification has affected the P&C industry

February 24, 2020 by Jason Contant

Canada’s new mandatory breach notification requirements have increased the number of reported claims, leading to a re-shuffling of claims costs for insurers, according to a privacy lawyer. “It definitely leads to more claims and it makes its presence [known] in

News Commercial LinesInsuranceLegal

Why the court upheld Intact’s enforcement of a 2-year deadline to rebuild

February 20, 2020 by David Gambrill

A company that had its commercial building destroyed in a 2011 fire is not entitled to a $3-million payment from Intact Insurance to replace the building, because the company did not rebuild within the two-year time limit specified in a

News ClaimsClaims CanadaEngineeringInsuranceLegal

The breach from the throne

February 19, 2020 by Greg Meckbach

Faulty toilet supply lines, often the source of six- and seven-figure water claims, are leading to subrogated claims against manufacturers, installers and others involved in the supply chain leading to your clients’ washrooms. The way a toilet works is that

News ClaimsInsuranceLegal

Boy Scouts seek bankruptcy protection following sexual abuse lawsuits

February 19, 2020 David Crary and Brady McCombs - THE ASSOCIATED PRESS

The Boy Scouts of America urged victims to come forward Tuesday as the historic, 110-year-old organization filed for bankruptcy protection in the first step toward creating a huge compensation fund for potentially thousands of men who were molested as youngsters

News ClaimsInsuranceLegal

Another way to wreck a condo: Water cooler leaks

February 18, 2020 by David Gambrill

Intact Insurance recently lost a subrogation case in B.C.’s small claims court because it couldn’t prove a cracked water bottle was the source of a water leak that caused $5,000 damage to the condo unit below. One moral of the