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What the court said when property owners refused to submit a Final Proof of Loss

April 20, 2021 by David Gambrill

Westland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to…

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How the feds’ budget benefits the P&C industry

April 20, 2021 by Greg Meckbach

Insurers are hoping it will be easier for homeowners to borrow money to raise their structures in areas at risk of flood or to replace roofs in wildfire-prone regions as a result of the federal budget announced Monday. In her…

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Toilet trouble means strata owner must reimburse corporation’s $5,000 deductible

April 19, 2021 by Greg Meckbach

A British Columbia townhouse owner whose toilet overflowed and caused damage has to pay the $5,000 deductible on the strata corporation’s insurance claim, the B.C. Civil Resolution Tribunal (CRT) has ruled. Jefferson Wu is the principal of Kwan-Wu Holdings Ltd.,…

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Appeal Court adds new twist to court battle over auto reforms

April 19, 2021 by David Gambrill

B.C.’s Court of Appeal has temporarily suspended parts of a recent decision by the B.C. Supreme Court, which found that it is unconstitutional for the province’s Civil Resolution Tribunal (CRT) to determine minor injuries and decide claims of up to…

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How to build empathetic managers for the hybrid workplace

April 16, 2021 by David Gambrill

Canadian property and casualty insurance industry leaders have often talked about the importance of managing with empathy during the pandemic, but empathic managers will become even more valuable in the hybrid workplaces that are expected to emerge after the pandemic…

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Adjuster’s fine halved on appeal in a replacement cost dispute over a tractor

April 15, 2021 by David Gambrill

A Manitoba insurance adjuster has been fined for failing to carry out instructions from an insurer to inform a claimant about how to replace their tractor under the terms of the insurer’s Limited Waiver of Depreciation. The adjuster, Douglas Boyd…

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Client dogged by $1,277 uninsured water damage remediation bill

April 14, 2021 by Greg Meckbach

A British Columbia client who runs a dog kennel business out of her home is liable for some water damage remediation costs that her insurer did not cover because they relate to business and not personal use of the property.…

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Why mom is not liable for son’s traffic collision driving mom’s car

April 12, 2021 by Greg Meckbach

When a parent says no to a child who wants to drive the car, and the parent does not leave the keys out in the open to be easily found, the child does not in fact have the parent’s consent…

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Vehicle repair mishap engages both home and auto insurance: B.C. Court

April 8, 2021 by Greg Meckbach

The Insurance Corporation of British Columbia is partly responsible for paying legal defence costs of a homeowner being sued by a guest who was injured when the homeowner was repairing his classic car. On Aug. 9, 2015, Gary Upton was…

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Supreme Court of Canada considers municipal liability in snow removal decisions

April 8, 2021 by Greg Meckbach

Municipalities are not liable for “policy decisions” on matters such as snowplowing, but lawyers disagree on exactly what kind of a “policy decision” could shield a government from liability in a personal injury lawsuit. “Back home in Newfoundland, when there…

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Pandemic will cost the global P&C industry more than $250 billion: Lloyd’s

April 7, 2021 by Greg Meckbach

The pandemic will cost the global insurance industry at least US$200 billion, Lloyd’s predicts. “We estimate that the global insurance industry will pay around US$203 billion in claims and due to a reduction in asset values as a result of…

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Intact wins the battle, but loses the war, in Alberta wildfire claim

April 7, 2021 by David Gambrill

Intact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…