Canadian Underwriter
News ClaimsLegal

This province’s statute of limitations ‘cries out for reform’

May 21, 2019 by Greg Meckbach

In trying to sue construction contractors for a leaky building, a Winnipeg hospital is actually criticizing Manitoba’s Limitation of Actions Act, a provincial appeal court judge suggested in a recent ruling. In 2003, construction finished on a new five-storey building…

News InsuranceLegal

How Intact lost this battle over vehicle storage fees

May 16, 2019 by Greg Meckbach

Canada’s largest P&C insurer has suffered a setback in its quest to minimize vehicle storage fees. A recent Ontario court ruling means that, for the time being, Intact Insurance has to pay J.P. Towing Service & Storage Limited storage fees…

News EmploymentInsurance

How far can employee confidentiality agreements go?

May 13, 2019 by Jason Contant

If you leave your brokerage with some confidential information stored to memory as opposed to a physical document, can you use that information? A recent ruling from the Ontario Superior Court of Justice found that even committing to memory confidential…

News ClaimsLegal

Why this claimant cannot sue over auto collision

May 2, 2019 by Greg Meckbach

A motorist should have known he was listed by his insurer as an excluded driver, an Ontario court has ruled. Johnathon Trudeau filed a lawsuit against David Cavanagh as a result of a 2013 vehicle collision in Espanola. Trudeau also…

News InsuranceLegal

Why the court says this auto insurer did not properly terminate policy

April 30, 2019 by Greg Meckbach

An auto insurance company cannot necessarily treat a policy as invalid under common law if it discovers the client made a material misrepresentation on the application, the Court of Appeal for Ontario has ruled. In Merino v. ING Insurance Company…

News InsuranceLegal

Can a Family Law order force someone to “insure” a vehicle?

April 22, 2019 by David Gambrill

Can a court order a cube van owner under the Family Law Act to “insure” a vehicle that is to be transferred over to an ex? No, the Supreme Court of British Columbia ruled recently. Sukhvir Singh Athwal and Jessie…

News AdjustersClaimsInsuranceLegal

Condo flooding liability 101

April 18, 2019 by David Gambrill

You are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy…

News Insurance

This little piggie caused a $24-million subrogated claim

April 16, 2019 by Greg Meckbach

A $24.3-million lawsuit by an oil and gas company against a contractor over an accident that spilled 60 cubic metres of oil is one of Canada’s largest-ever subrogated claims, a lawyer for the plaintiff says. In ISH Energy Ltd v…

News ClaimsLegalRisk

How this dry cleaner got sued over 50-year-old pollution

April 11, 2019 by Greg Meckbach

An Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling…

News ClaimsInsuranceLegal

Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability…

News ClaimsInsurance

Who knew that book readers could be at such risk?

April 2, 2019 by David Gambrill

A book lover who claimed to have sustained a concussion and a back injury while tripping over a pile of stacked books in a B.C. bookstore had his liability case dismissed for a lack of evidence. The insurer for the…

News InsuranceLegalRisk

Do your insureds understand a “material change in risk”?

March 29, 2019 by Jason Contant

It’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy…