Topic Claims Canada Archive
Internet kills idea of an inconvenient place to defend your client: Judge
June 30, 2021 by David GambrillIn the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.…
How reinsurance prices could come down
June 29, 2021 by Greg MeckbachRecord-low interest rates are making insurance-linked securities attractive to some investors, and this could be good news for primary insurers. ILS includes but is not limited to catastrophe bonds, said Marcos Alvarez, Toronto-based senior vice president and head of insurance…
Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment
June 28, 2021 by Greg MeckbachThe Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended…
These highway features may encourage distracted driving
June 25, 2021 by Greg MeckbachMedians and wide shoulders on highways could encourage distracted driving by giving drivers a false sense of security, transportation researchers suggest in a recent paper. “The combination and presence of a shoulder, median, higher speed limit, and extra lanes could…
Here’s what can go wrong if you give away a salvage vehicle
June 24, 2021 by Greg MeckbachA couple who thought they received a written-off camper trailer as a gift are entitled to some compensation for repairs they made before the registered owner came to retrieve the vehicle, a Newfoundland and Labrador court has ruled. Sherry Drake…
Why liability insurance did not cover the defence of a remediation order
June 18, 2021 by Greg MeckbachAn eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question…
Progress report: Canada-wide flood mapping is well underway
June 16, 2021 by Greg MeckbachA nationwide estimate of coastal, pluvial, and fluvial flood hazard is one part of the ongoing effort to come up with a national approach to insuring or re-locating homes at high risk of flood, a federal government official suggests. Flood…
A home under renovation isn’t necessarily “under construction:” Appeal Court
June 15, 2021 by David GambrillA home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…
Where Canada sits with national low-cost residential flood insurance
June 10, 2021 by Greg MeckbachSix possible flood insurance models for homes at high risk of flood are about to go through an actuarial review, a federal government official suggests. The Task Force on Flood Insurance and Relocation is going to hand off those possible…
In pollution claim, ‘sudden’ could mean several months, court finds
June 8, 2021 by Greg MeckbachInsurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company…
Insurers faced with barrage of COVID-19 coverage disputes
June 3, 2021 by Greg MeckbachMore than a dozen coverage disputes arising from business interruption from lockdowns and restrictions during the COVID-19 pandemic are making their way through Ontario courts. Law firm McCarthy Tetrault has served 17 individual statements of claim with the Ontario Superior…
A drastic (but effective) way to keep water out of the basement
June 2, 2021 by Greg MeckbachA foundation membrane could cost a homeowner client $15,000, and it is probably not something your clients should try installing themselves, but it is “often the most effective method” of waterproofing a basement, a Bobvila.com author suggests. A foundation membrane…