A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water…
It’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…
A B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing…
Editor’s Note: A previous verison of this article incorrectly stated that a cyberattack against AXA had happened after AXA’s announcement that it was suspecnding insurance coverage in France for ransomeware extortion payments. In fact, as per a Financial Times report…
Ontario’s Licence Appeal Tribunal (LAT) has ruled that Intact Insurance is not obligated to fund a claimant’s $10,200 multidisciplinary report, the purpose of which was to dispute Intact’s decision to cease income replacement benefits after a 104-week period of entitlement.…
B.C.’s move towards a form of no-fault auto insurance could wind up reducing liability exposure for commercial insureds in the hospitality and other high-risk sectors, according to a recent blog by Borden Ladner Gervais LLP. The province’s no-fault amendments came…
An Ontario judge has taken the rare approach in a sentencing decision to urge the provincial government to take steps to prevent future instances of insurance fraud. Ontario Court Justice David S. Rose made the obitur remarks in his written…
Westland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to…
B.C.’s Court of Appeal has temporarily suspended parts of a recent decision by the B.C. Supreme Court, which found that it is unconstitutional for the province’s Civil Resolution Tribunal (CRT) to determine minor injuries and decide claims of up to…
Intact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…
In the case of a flood caused by a mice infestation, a B.C. strata unit owner was not allowed to recover her $500 insurance deductible or $273 premium increase from the strata corporation despite having warned the strata corporation about…
The Co-operators does not have a duty to defend a cyber liability case involving a “novel” policy exclusion for breached data being published over the internet, the Ontario Court for Appeal has ruled. Reversing the previous decision of a lower…