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Why this solar energy developer was denied coverage under a CGL policy

November 6, 2019 by David Gambrill

Economical Insurance recently won a case against a developer of solar energy projects that turned on the wording of an additional insured endorsement in a Commercial General Liability (CGL) policy. Economical ultimately convinced the Ontario Superior Court that insurance coverage…

News ClaimsInsuranceLegislation / Regulation

How this statutory benefits ruling hinged on the word “the”

November 5, 2019 by Jason Contant

Saskatchewan’s highest court has ruled in favour of the province’s government auto insurer in a case involving statutory death benefits paid collectively to three dependant children. The Court of Appeal for Saskatchewan’s ruling in Johnson v Saskatchewan Government Insurance, released…

News AdjustersClaims CanadaInsuranceLegalLegislation / Regulation

The ‘interpretative stumbling block’ in figuring out whether off-road vehicle accidents are insured

October 31, 2019 by Greg Meckbach

Confused about whether Ontario accident benefits applies if your client has an out-of-province accident involving a dirt bike or all-terrain vehicle? The Court of Appeal for Ontario tried to address this confusion in Benson v. Belair Insurance Company. If an…

News AdjustersClaims CanadaInsuranceLegal

$2.2-million credit score class action settlement with The Personal approved

October 28, 2019 by Greg Meckbach

A $2.2 million settlement of a class-action privacy lawsuit against The Personal has been approved by a judge, plaintiffs’ law firm Waddell Phillips Professional Corporation announced Monday. The lawsuit arose after The Personal asked some auto claimants if it could…

News LegalRisk

The big question mark on supply chain liability risk

October 23, 2019 by Greg Meckbach

What liability risk do Canadian corporate clients face if they have supply chains in countries where workers are vulnerable to abuse or unsafe working conditions? It’s an open question right now, but brokers could get some guidance once the Supreme…

News Legal

Why Supreme Court of Canada is looking at risk-based underwriting

October 21, 2019 by Greg Meckbach

Does the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting…

News InsuranceLegalRisk

How much leeway does a condo corporation have when conducting repairs?

October 18, 2019 by Jason Contant

If a condo corporation enters your client’s unit to repair suspected flood damage but finds other hazards, can they complete those additional repairs instead and seek reimbursement from the unit owner? It would appear not, if the factors of the…

News ClaimsClaims CanadaLegal

Supreme Court of Canada mulls liability for reputational harm from tainted meat

October 17, 2019 by Greg Meckbach

If a restaurant loses business because it served meat from a batch later discovered to be unsafe, is the supplier of that meat liable, in tort, to the restaurant for its economic loss due to a tarnished reputation? That question…

News Claims CanadaInsuranceLegal

How much does auto insurer owe an injured claimant who cannot go to school?

October 11, 2019 by Greg Meckbach

Saskatchewan’s government-run auto insurer has won a victory of sorts before the Supreme Court of Canada arising from a disputed accident benefits claim, although the carrier lost its key argument. Canada’s top court announced Thursday it will not hear an…

News Claims CanadaLegal

Alberta grocer’s subrogated $761,000 profit loss claim before the courts

October 9, 2019 by Greg Meckbach

After an Alberta shopping mall experienced its fourth roof collapse, an IGA supermarket lost millions in sales because it had to close for more than six months. A business interruption claim of nearly $800,000 followed, but the calculation of the…

News EngineeringLegal

Why this homeowner lost legal battle with neighbour over basement water problem

October 8, 2019 by Greg Meckbach

A Toronto homeowner who experienced basement water infiltration has lost his bid to sue the neighbours uphill from him for more than $83,000. In 2014, Chester Dawes bought his home, between the Humber River and High Park, in what used…

News AdjustersInsuranceLegal

How liability works when pedestrian wearing dark clothing gets hit at night in crosswalk

October 2, 2019 by Greg Meckbach

The wife of an Abbotsford, B.C. insurance broker has been awarded nearly $574,000 as a result of a vehicle accident, but the award would have been $765,000 had the plaintiff not been found partly liable for the accident. She was…