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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…

News ClaimsInsuranceLegal

Strata unit owner loses $5,000 claim after mice chew through dishwasher line

March 24, 2021 by David Gambrill

In the case of a flood caused by a mice infestation, a B.C. strata unit owner was not allowed to recover her $500 insurance deductible or $273 premium increase from the strata corporation despite having warned the strata corporation about…

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Co-operators has no duty to defend a “novel” data policy exclusion: Appeal court

March 19, 2021 by David Gambrill

The Co-operators does not have a duty to defend a cyber liability case involving a “novel” policy exclusion for breached data being published over the internet, the Ontario Court for Appeal has ruled. Reversing the previous decision of a lower…

News AdjustersClaimsInsuranceLegal

How to avoid turning the mishandling of a claim into a six-figure bad faith award

February 3, 2021 by David Gambrill

A Manitoba court decision ordering the province’s public auto insurer to pay a bad faith award of $350,000 serves as a cautionary tale to the industry that bad faith awards for mishandling a claim can be made even after a…

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Why this insurer had to pay $187K for ex-Ontario PC leader’s legal defence

January 28, 2021 by David Gambrill

An Ontario court has ordered Sovereign General to pay $187,313 to cover the legal costs of former Ontario Progressive Conservative Party leader Patrick Brown, who personally incurred the expenses while defending a defamation lawsuit arising from the publication of his…

News AdjustersClaimsCommercial LinesInsuranceLegal

When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer

January 15, 2021 by David Gambrill

In a $1.2-million dispute arising from a property resort fire, an Ontario appraisal umpire did not exceed his authority when he used a much higher depreciation rate than both the claimant and the insurer did to calculate the value of…

News ClaimsInsurance

Mystery solved: Phantom passenger loses accident benefits case

January 6, 2021 by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine…

News AdjustersClaimsCommercial LinesInsuranceLegal

Why an adjuster’s notes are out of bounds in this subrogation case

December 14, 2020 by David Gambrill

When The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came…

News BrokersInsuranceLegalLegislation / RegulationMarkets / CoveragesRisk

Defying The Grinch may cost your clients home insurance coverage

December 11, 2020 by David Gambrill

Are your clients tempted to defy The Grinch who stole Christmas and have large holiday gatherings during the pandemic regardless of what public health orders might say? You might want to tell them about pandemic exclusions in their home insurance…

News ClaimsCommercial LinesInsuranceLegalLegislation / RegulationMarkets / Coverages

How a South African court applied the U.K. test case in a B.I. dispute

December 8, 2020 by David Gambrill

South Africa’s Western Cape High Court has ordered an insurer to pay a retailer of luxury travel goods up to a maximum of six months’ worth of business interruption coverage (about Cdn$1.5 million), following a dispute over losses arising from…

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Court raps lawyers’ conduct, as default judgment against insurer overturned

December 1, 2020 by David Gambrill

B.C.’s Court of Appeal threw out a default judgment against Lloyd’s of London Monday in a case involving the theft of golden eagles used for a charity event. In doing so, the court criticized lawyers for both the claimant and…

News BrokersInsuranceLegalLegislation / Regulation

For insurance purposes, if it’s not managed as a strata, it’s still a strata: Tribunal

November 19, 2020 by David Gambrill

The owner of a strata lot in a duplex that was not managed as a strata — for example, there was no strata board of directors, annual board meetings, etc. – must nevertheless pay for her half of the strata…