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Dangerous driving doesn’t necessarily trigger policy exclusion for intent to injure

March 14, 2022 by David Gambrill

A driver pleading guilty and spending nine months in jail on a charge of dangerous driving causing bodily harm does not necessarily prove he intended to cause the injuries, an Alberta court has found. In other words, an auto insurer…

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Where insurers are at with Canadian pandemic BI litigation

March 9, 2022 by David Gambrill

Canadian courts are dealing with pandemic business interruption (BI) cases at a glacial pace compared to those in the U.K. and the United States, prompting some legal observers to call for judicial reform. “As the pandemic extends into its third…

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A CEO is injured while jogging. Does his personal or commercial auto benefits apply?

March 8, 2022 by David Gambrill

A company CEO who has both personal and commercial auto insurance is not considered to be a “deemed insured” under the commercial auto policy if he has never before driven a company vehicle – even if he had access to…

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Court upholds minor injury guideline on shoulder tears

March 7, 2022 by David Gambrill

Partial shoulder tears are “minor injuries” under Ontario’s Minor Injury Guidelines (MIG), which cap accident benefits for drivers suffering minor injuries at $3,500, the License Appeal Tribunal (LAT) has confirmed. Mohd’Ismail Patel, a delivery truck driver, was injured in an…

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Court overturns $100K bad faith award against Lloyd’s, Industrial Alliance

March 4, 2022 by David Gambrill

An insured is not entitled to a bad faith cost award based on his travel insurers’ conduct in settling the claim with foreign medical service providers, so long as the insured is not exposed to pay settlement amounts that exceed…

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Fort Mac bowling alley covered for water damage despite flood exclusion

March 1, 2022 by David Gambrill

A Fort McMurray, Alta., bowling alley is entitled to coverage for water damage sustained in the April 2020 flooding, despite its insurance policy containing a clear flood exclusion. The Alberta Court of Queen’s Bench found Intact included a coverage extension…

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Court sides with insurer in $2.5-million professional liability case

February 28, 2022 by David Gambrill

Two creditor firms seeking to access insurance policy proceeds in a $2.5-million trust fund misappropriation case against a lawyer lost their bid to interpret the $500,000 sublimit as applying to each of their claims, instead of being an aggregate policy…

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You must show more than pain to claim a non-earner benefit

February 23, 2022 by David Gambrill

It’s a long-held proposition that auto insurance is supposed to restore an injured driver to their pre-accident state of health — but what if that state was one of chronic pain following 15 years of being injured in a prior…

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Appraisers in home insurance claims don’t have to be neutral, court finds

February 17, 2022 by David Gambrill

Appraisers in home insurance claims don’t have to be neutral, the umpires do, the Court of Appeal for Ontario has ruled. In Desjardins General Insurance Group v. Campbell, Ruth Campbell made a home insurance claim against Desjardins General Insurance Group after a…

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Lawyers on boutique D&O: Don’t just take your broker’s word for it

February 16, 2022 by David Gambrill

For boutique D&O coverages, a law firm says companies should be bringing in a lawyer to look at the contract coverage and not just rely on the opinion of the insurance broker about coverage. This is particularly true in business…

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Insurers lose privilege bid after mill’s internal explosion investigation

February 11, 2022 by David Gambrill

Six insurance companies and a pulp and paper manufacturing company, Fortress Specialty Cellulose, have lost their bid to have a PowerPoint presentation about the cause of a commercial explosion protected under litigation privilege. In rejecting their argument, the Superior Court…

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Canada’s top court weighs in on HST case concerning accident benefits

January 24, 2022 by David Gambrill

Claimants who sought a settlement with insurers over HST being deducted from their accident benefits have lost their bid to have their claims certified as class actions. The Supreme Court of Canada rejected leave to appeal the case on Jan.…