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Insurer ordered to pay rehab benefits to injured driver suffering post-accident “relapse”

November 1, 2022 by David Gambrill

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…

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Damage appraisal method leaves a toilet back-up case running

October 28, 2022 by David Gambrill

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,…

creepy rockabilly couple, girl is trying to get rid of her boyfriend who is clenching on the roof of her wildcat. News ClaimsInsuranceLegal

Do you ‘occupy’ a car while hanging onto the window, trying to stop an auto theft?

October 19, 2022 by David Gambrill

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…

Starbucks Coffee Shop Drive Thru Window News AdjustersClaimsInsuranceLegal

Who has right-of-way in Starbucks’ drive-through free-for-all?

October 18, 2022 by David Gambrill

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…

a large branched pine stump with gnarled roots on a slope prone to soil erosion. Environmental issues. News ClaimsInsuranceLegal

Why Lloyd’s has to defend a progressive property damage case

October 17, 2022 by David Gambrill

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…

Hands protecting icon of car over wooden table. News InsuranceLegal

Aviva awarded security of costs in case launched by auto warranty seller

October 14, 2022 by David Gambrill

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,…

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Brokerage’s 11-year lawsuit against tech vendor allowed to continue

October 7, 2022 by David Gambrill

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.…

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GRC policy includes increased compliance costs for rebuild, court rules

October 5, 2022 by David Gambrill

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.…

Close up of a traffic light on yellow News AdjustersCatastrophesClaimsInsuranceLegal

Who’s at fault in caution light crashes?

September 12, 2022 by David Gambrill

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…

Industrial ship and tugboat News ClaimsCommercial LinesInsuranceLegal

Promise to insure trumps cross-indemnification, court rules

September 8, 2022 by David Gambrill

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…

aerial view of fishing boat in the sea News ClaimsCommercial LinesInsuranceLegal

Commercial insurer, brokerage granted right to a jury trial in marine claim

September 7, 2022 by David Gambrill

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.,…

Close up asian business woman using a calculator to calculate the numbers. News AdjustersClaimsInsuranceLegalLegislation / Regulation

Aviva wins appeal regarding EI deductions from IRB benefits

September 6, 2022 by David Gambrill

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).…