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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…

News InsuranceLegislation / Regulation

OSFI draft guideline tightens oversight of Canadian branches of foreign insurers

November 4, 2020 by David Gambrill

Canada’s solvency regulator has released a new draft guideline that tightens the regulator’s oversight of foreign insurance and bank branches in Canada. Among other changes to existing regulations, the Office of the Superintendent of Financial Institutions (OSFI) is requiring local…

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This decision on a $5,000 deductible could motivate condo corporations to change their bylaws

October 28, 2020 by David Gambrill

A recent decision by B.C.’s Civil Resolution Tribunal (CRT) may motivate strata (condo) corporations to adjust their bylaws so that they can charge insurance policy deductibles back to their strata unit owners. Based on the outcome of the CRT decision,…

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No, you can’t ram a car in a fit of road rage and collect insurance for the damage

September 18, 2020 by David Gambrill

A B.C. driver recently learned the hard way that you can’t ram your car into another car during a parking lot road rage incident and then make an insurance claim for the repair. Majid Abood was waiting in his car…

News ClaimsCommercial LinesEmploymentInsuranceLegal

P&C industry braces for a ‘second wave’ of COVID liability

September 15, 2020 by David Gambrill

There is an old saying: ‘Fool me once, shame on you. Fool me twice, shame on me.’ As schools across the nation re-open, and as COVID-19 virus infection rates across Canada once again begin to climb, Canadian P&C industry observers…

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Aviva’s sting operation lawsuit against collision repairer clears first hurdle in court

September 2, 2020 by David Gambrill

A collision repair centre in the Greater Toronto Area has lost its court bid to dismiss Aviva Canada’s $330,000 civil lawsuit against it. The case arose from Aviva’s highly-publicized 2017 investigation into the auto collision industry, based on suspicion of…

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Court ruling in hockey claim could lead to more joint defence situations: legal expert

August 19, 2020 by David Gambrill

A recent Ontario Court of Appeal decision, in which a fan was injured by a hockey puck during a game, may lead to a shift toward joint claims handling at the outset of a claim when two insurers are potentially…

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Why this home insurer has a duty to defend a road rage claim

August 11, 2020 by David Gambrill

Pembridge Insurance Company of Canada has a duty to defend an insured who has liability coverage under a home insurance policy in a case in which the insured got out of his car and allegedly threatened another driver in a…

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Hotels sue Aviva Canada for $150 million in proposed BI class action

July 27, 2020 by David Gambrill

Lerners LLP has filed a proposed $150-million class-action lawsuit against Aviva Canada on behalf of hotels across the country, claiming that the hotels are entitled to coverage for loss of business income relating to COVID-19. “We know these are challenging…

News ClaimsInsuranceLegalLegislation / Regulation

Court dismisses class action against insurers for handling of HST in auto AB claims

July 17, 2020 by David Gambrill

Ontario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT…

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A province’s second effort to limit auto trial experts is enacted into law

July 13, 2020 by David Gambrill

Stymied by a B.C. Supreme Court ruling last year in Crowder v. British Columbia (Attorney General), B.C.’s attorney general is attempting once again to change court rules to limit expert evidence in vehicle court actions – a move that is…