Canadian Underwriter

News ClaimsClaims CanadaCommercial LinesEngineeringInsuranceLegalRestoration

Why liability insurance did not cover the defence of a remediation order

June 18, 2021 by Greg Meckbach

An eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question…

News ClaimsEarnings / RatingsInsurance

Canadian P&C industry’s financial results take a turn for the better

June 18, 2021 by David Gambrill

Canada’s property and casualty insurance industry reported a much sunnier financial picture in 2021 Q1 than it did during the same time last year, according to a recent quarterly report by the Property and Casualty Insurance Compensation Corporation (PACICC). Financial…

News ClaimsInsuranceLegal

A plaintiff suffered a concussion a year before the accident – how this should affect loss of income award

June 17, 2021 by Greg Meckbach

The Court of Appeal for British Columbia has doubled a tort award, for loss of future earning capacity, for a motor vehicle accident victim who had suffered several concussions before he badly injured his head in a rear-end collision. On…

The small town of Okotoks was hit hard by the June floods of 2013, with the river valley rushing and raging through wiping out pedestrian bridges, campgrounds, river banks and pathways. News CatastrophesClaimsClaims CanadaClimate ChangeInsurance

Progress report: Canada-wide flood mapping is well underway

June 16, 2021 by Greg Meckbach

A nationwide estimate of coastal, pluvial, and fluvial flood hazard is one part of the ongoing effort to come up with a national approach to insuring or re-locating homes at high risk of flood, a federal government official suggests. Flood…

News AdjustersClaimsInsuranceLegalRestoration

A home under renovation isn’t necessarily “under construction:” Appeal Court

June 15, 2021 by David Gambrill

A home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…

News ClaimsClaims CanadaInsuranceRestoration

Restoration firms beware: Did clients authorize payment for your work?

June 14, 2021 by David Gambrill

A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water…

News AdjustersClaimsInsuranceLegal

Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed

June 11, 2021 by David Gambrill

It’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…

News CatastrophesClaimsClaims CanadaClimate Change

Where Canada sits with national low-cost residential flood insurance 

June 10, 2021 by Greg Meckbach

Six possible flood insurance models for homes at high risk of flood are about to go through an actuarial review, a federal government official suggests. The Task Force on Flood Insurance and Relocation is going to hand off those possible…

News AdjustersBrokersInsuranceRisk

Forget data: The case for going with your gut instinct

June 8, 2021 by David Gambrill

Data analysis may be held up as the gold standard for making sound business decisions. But a recent study suggests gut instinct — when backed up by simple decision aids — may actually be better in situations of high uncertainty.…

News ClaimsClaims CanadaCommercial LinesEngineeringLegal

In pollution claim, ‘sudden’ could mean several months, court finds

June 8, 2021 by Greg Meckbach

Insurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company…

News AdjustersClaimsClaims CanadaInsurance

Tribunal sides with Intact in home insurance co-payment spat

June 3, 2021 by David Gambrill

A B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing…

News ClaimsClaims CanadaCommercial LinesLegal

Insurers faced with barrage of COVID-19 coverage disputes

June 3, 2021 by Greg Meckbach

More than a dozen coverage disputes arising from business interruption from lockdowns and restrictions during the COVID-19 pandemic are making their way through Ontario courts. Law firm McCarthy Tetrault has served 17 individual statements of claim with the Ontario Superior…