Saskatchewan’s public auto insurer has been ordered to pay partial rehab benefits to an auto accident victim who suffered a relapse of his medical condition after initially showing “maximum medical improvement” following his accident, according to his doctors. The injured…
Did a toilet backup cause $35,700 worth of damage to the cell phone stock of a retail business, as argued by Gore Mutual, or $105,000, as the business owner claimed? Neither side agreed with the appraised value of the losses,…
If you are hanging out the window of your car trying to stop a thief from stealing it, and you are injured while falling from the open window after being dragged for 40 feet, you are not an “occupant” of…
A B.C. driver claiming the public auto insurer improperly found him at fault for a collision in a Starbucks’ drive-through has lost his case that he wasn’t at fault because none of the line-up lanes had priority. The Civil Resolution…
Lloyd’s of London has a duty to defend the City of Timmins in a negligence lawsuit, in which homeowners are suing the city for failing to prevent progressive land erosion that led to an order to remove, relocate or demolish…
Ontario’s Superior Court has awarded Aviva Canada security of costs of $85,000 in a case in which the insurer has been named in a $5-million lawsuit launched by a warranty provider that has gone out of business. Umbrella Warranty’s claim,…
Ballam Insurance Services, a Nova Scotia brokerage that sued its tech vendor 11 years ago over server issues, is allowed to proceed with its case despite examples of ‘inordinate’ and ‘inexcusable’ delays, the Supreme Court of Nova Scotia ruled Monday.…
Guaranteed replacement cost (GRC) coverage for rebuilding a flooded home in an area regulated by a conservation authority includes the increased regulatory compliance costs required for the rebuild, Ontario’s Superior Court has ruled in Emond v. Trillium Mutual Insurance Company.…
Canada’s dreaded amber light: it’s the source of numerous intersection crashes, resulting in untold insurance claims. If you are dispensing driver safety tips to clients, be sure to tell your insureds to watch out when turning left against yellow caution…
In a commercial hull and machinery insurance policy containing cross-indemnities, a promise to insure by one party trumps the indemnity by the other unless the contract clearly states otherwise, B.C.’s Supreme Court has ruled in a case involving two separate…
A B.C. commercial fishing operation must face a jury in its insurance claim against Intact Insurance and the brokerage Harlock Murray Underwriting Ltd., B.C.’s Supreme Court has ruled. The court was not convinced the claim of Arctic Pearl Fishing Ltd.,…
Aviva Canada successfully appealed a tribunal decision that called for the insurer to pay full auto insurance income replacement benefits (IRB), with no deduction, on top of the sickness benefits she was already receiving under the Employment Insurance Act (EIA).…