Topic
Legal
Why Intact lost this court case over professional fees
February 13, 2020 by Jason ContantIf your client wants to be covered under a professional fees endorsement, must these fees be required by the insurer? The question was put to the Ontario Superior Court of Justice recently. Ontario Superior Court Justice David Edwards found that,…
Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond
February 12, 2020 by Greg MeckbachThe Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty…
How climate change may heat up your liability lines
February 7, 2020 by David GambrillLook for climate change to heat up Canada’s liability lines over the next 10 years, as lawsuits begin to fly against the alleged corporate perpetrators of greenhouse gas emissions. Climate liability is an emerging risk for Canadian property and casualty…
What brokers and trial lawyers think about ICBC’s new care-based model
February 7, 2020 by Jason ContantThe government of British Columbia has announced it will be “removing lawyers and legal costs from the system” to lower public auto insurance rates by about 20%, a move applauded by the province’s brokers association but panned by trial lawyers.…
Appeal court overturns controversial ruling on auto coverage arising from overseas accident
February 7, 2020 by Greg MeckbachA controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF…
Does ‘material change in risk’ clause need better clarity?
February 3, 2020 by Greg MeckbachDespite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack…
Dirt bike coverage dispute could reach Supreme Court of Canada
January 30, 2020 by Greg MeckbachIf an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced…
Ride-hailing in Vancouver area detours to courts
January 29, 2020 The Canadian PressRide-hailing is common in many major Canadian cities, but the long-awaited arrival of Uber and Lyft in Metro Vancouver last week has produced lawsuits and a vow by Surrey’s mayor to keep the companies’ drivers off the streets. Premier John…
Why this strata’s bylaws on Airbnb were deemed unenforceable
January 28, 2020 by Jason ContantIf you own a strata lot in Vancouver, can you use your unit for short-term accommodation through Airbnb? Yes, if your strata bylaws support short-term rentals in your building, according to Airbnb. But in two recent cases before the province’s…
Three-year ban for broker convicted of misappropriating more than $16,000
January 27, 2020 by David GambrillThe former branch office manager of a B.C. brokerage has been banned from being a broker for a minimum of three years after she was convicted for misappropriating more than $16,000 of Insurance Corporation of B.C. (ICBC) funds for personal…
Why these homeowners lost their negligence lawsuit against a Hub brokerage
January 24, 2020 by Greg MeckbachBritish 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…
Couple sued over basement flooding after selling fixer-upper
January 20, 2020 by Greg MeckbachA 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…