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How liability coverage limits determined what this bar owed in commercial host lawsuit

May 25, 2020 by Greg Meckbach

A bar found 20% liable for an impaired driving accident has to pay two-thirds of the plaintiff’s legal costs and wound up paying double for damages what the at-fault motorist paid. Hummel v. Jantzi, released May 14 by the Ontario…

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Pandemic insurance fraud: What to watch for…

May 25, 2020 by Greg Meckbach

Inflated auto towing and storage claims and arson are among the risks the industry faces from the economic downturn and social distancing arising from the pandemic, a fraud and data analytics expert warns. “A legitimate accident may happen and [a…

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What can go wrong if ‘actual cash value’ is not clearly defined in a property policy

May 19, 2020 by Greg Meckbach

After a 132-year-old Cape Breton Island building was heavily damaged by a sprinkler line failure, there was a huge disparity between the property owner and insurer’s versions of “actual cash value.” The claimant said $1.59 million, while the insurer said…

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Employment lawyers on returning to work during and after the pandemic

May 12, 2020 by Nicole Thompson - THE CANADIAN PRESS

TORONTO – As provinces begin the slow process of reopening their economies and people start returning to the workplace, questions abound about the rights and responsibilities of employees and employers in the aftermath of COVID-19. The Canadian Press asked two…

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COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other…

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Aviva loses battle in faulty workmanship exclusion dispute

May 5, 2020 by Greg Meckbach

The application of faulty workmanship exclusions continues to be a subject of disagreement among judges, a Court of Appeal of Alberta ruling from last week shows. The Court of Appeal of Alberta recently found that if a construction contractor causes…

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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I…

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Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a…

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BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance…

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Is the risk of coronavirus a ‘physical loss’ to the property?

April 29, 2020 by Greg Meckbach

Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a…

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Supreme Court of Canada to hear coverage dispute over fatal motorcycle accident

April 27, 2020 by Greg Meckbach

The Supreme Court of Canada announced it will hear an auto liability coverage dispute involving RSA Canada, insurer of a motorcyclist who had alcohol in his system while holding a probationary licence. The motorcyclist, Steven Devecseri, was killed May 29,…

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Liability claims that could arise from the pandemic

April 22, 2020 by Greg Meckbach

One result of the ongoing COVID-19 pandemic will be liability claims against company boards, property and casualty industry watchers predict. “I think we will see litigation coming out of this,” Shara Roy, a partner with law firm Lenczner Slaght Royce…