Canadian Underwriter
Reconstruction of a drainage ditch in the middle of a forest. News ClaimsCommercial LinesLegal

Insurer loses $255,000 subrogation claim over modified excavator

June 9, 2023 by David Gambrill

AIG Insurance Company lost a $255,275 subrogation claim Tuesday on behalf of its insured, a forest management and logging company, because the insured could not prove a fire to an excavator it bought from Volvo didn’t start because of an…

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Man injured in a crash while sleeping in a stolen truck is covered

May 31, 2023 by David Gambrill

A man sleeping in the back of a pickup truck when it was stolen by an uninsured driver and involved in a serious crash is entitled to auto insurance coverage, the Court of Appeal for Ontario has ruled. The Appeal…

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‘Minor injuries’ don’t exist if they fall outside the Minor Injury Guideline

May 17, 2023 by David Gambrill

An auto injury falling outside of Ontario’s $3,500 Minor Injury Guideline (MIG) cap is no longer a ‘minor injury’ for the purpose of imposing funding limits on certain medical goods and services, Ontario License Appeal Tribunal (LAT) has ruled. “There…

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Why this auto claim can proceed 2 years after the limit expired

May 9, 2023 by David Gambrill

Nova Scotia’s Supreme Court recently allowed an auto liability claim to proceed four years after the collision happened, and two years after the time limit for making a claim had expired. The delay was based mainly on the claimants’ lawyer…

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Court backs broker in dispute over buying his book of business

May 5, 2023 by David Gambrill

Ontario’s Appeal Court has denied an appeal by a St. Catharines, Ont. brokerage in a dispute over the contract terms of a producer buying out his book of business after he served notice he was leaving the brokerage. In Lindsay…

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Insurer successfully defends city’s appeal over fire response times

April 28, 2023 by David Gambrill

Canada’s top court Thursday refused to hear an appeal in a case in which a Quebec municipality was found 25% liable for a fire that destroyed a commercial building when not enough firefighters were present after 10 minutes to fight…

Severe flooding on the Ottawa River (for illustrative purposes only) News CatastrophesClaimsClimate ChangeInsuranceLegalMarkets / Coverages

Insurer successfully defends flood exclusion in water damage endorsement

April 21, 2023 by David Gambrill

A Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…

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Broker suspended for a year after covering for his son in auto accident

April 17, 2023 by David Gambrill

A veteran B.C. broker had his broker licence suspended for one year after trying to protect his son by falsely claiming to police and the public auto insurer that he was the driver in his son’s hit-and-run accident. In addition…

stabbing with a knife, assault. Illustration. Black silhouette on rad background News ClaimsInsuranceLegal

Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack

April 14, 2023 by David Gambrill

Intact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…

Red Handle Rubber Stamper and You've Been Served text isolated on the table. News ClaimsInsuranceLegal

Can’t find defendants in auto liability cases? Don’t serve their insurers instead.

April 5, 2023 by David Gambrill

Ontario’s Court of Appeal has laid down the law on trial lawyers habitually serving defendants’ auto liability insurers as a matter of course when they can’t find the defendants to serve notice of the lawsuit. Don’t do it. “As a…

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Intact policyholder conflates ACV with replacement cost value

April 4, 2023 by David Gambrill

Intact recently won an appraisal dispute with an insured who originally claimed more than four times the market value of his business property after a fire, prompting the court to find the insured was conflating actual cash value (ACV) of…

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Spouses don’t have to live under the same roof to qualify for family protection auto coverage

April 3, 2023 by David Gambrill

Editor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error.   Spouses don’t have to…