British Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana…
An Ontario court has rejected an attempt by claimants in a bad faith claim against an insurer to blur the line between claims adjudication and setting claims reserves, ruling that the insurer’s “records pertaining to reserves” were irrelevant to how…
A Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The…
The British Columbia law intended to immediately get impaired drivers off the road could be headed – yet again – to the Supreme Court of Canada. Canada’s top court announced Jan. 10 that Larry Edward Lemieux has applied for leave…
If you allow your child to ride in a vehicle allegedly driven by an impaired driver, and your child sues you for negligent parenting, does the vehicle liability policy cover you? Not as it stands. But the question could be…
A recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In…
An Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the…
How should risk managers handle situations where their workers could encounter hazards off site? A recent Supreme Court of Canada ruling in favour of Canada Post could provide some guidance, a lawyer suggested Tuesday to Canadian Underwriter. “It is now…
An insurer suspicious about a vehicle accident obtains evidence that the occupants of the different vehicles were talking by phone to one another. But without knowing exactly who was talking and what the vehicle occupants were talking about, this type…
An auto insurer wants to deny liability coverage because its client had alcohol in his blood when he died. The thing is, the insurance company didn’t know its client had alcohol in his blood for three years, which is how…
An elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario…
Tragedies, mishaps and financial disasters often lead to court disputes, resulting in rulings from judges. Sometimes judges disagree with one another and appeals get filed with higher courts, but the end results often provide lessons for the industry. Here are…