Topic Claims Canada Archive
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…
Restoration firm suing DKI Canada over termination of agreement
May 30, 2021 by Greg MeckbachRestoration firm DKI Canada Ltd. is being sued in British Columbia by Coquitlam-based Canstar Restorations Limited Partnership, a former member of the DKI network. Allegations in the lawsuit have not been proven in court. Until 2020, Canstar was operating multiple…
Appeal court rules for insurers in handling of HST in auto AB claims
May 27, 2021 by Greg MeckbachOntario auto insurance claimants cannot take insurers directly to court over how carriers treat sales tax on accident benefits claims, the province’s appeal court has ruled. This is because the province’s Licence Appeal Tribunal, not the Superior Court of Justice,…
What B.C. trial lawyers are asking of Canada’s top court in RSA dispute
May 25, 2021 by Greg MeckbachThe Trial Lawyers Association of British Columbia is asking Canada’s top court to essentially make a “new law” barring a liability insurer from taking an off-coverage position after starting to defend a tort claim if the insurer previously had “presumed…
Why your clients could expect price reductions in home insurance
May 25, 2021 by Greg MeckbachIf insurers can achieve combined ratios of less than 80% in personal property, homeowners should expect to see lower prices and possibly even rebates, the CEO of LowestRates.ca suggests. “For consumers, if insurance companies are making money, then it means…
Pollution coverage gaps your clients may not know about
May 21, 2021 by Greg MeckbachThe cost of cleaning up after spills of petroleum, oil, or other contaminants may not be covered under your client’s liability or property policy, a managing general agent warns. Many clients are exposed to pollution risk but are not necessarily…
What’s driving auto claims costs during pandemic
May 21, 2021 by Greg MeckbachThe long-tail nature of auto bodily injury claims, in addition to insurers’ fixed claims adjustment costs, are among the reasons why insurers are not likely going to reduce auto premiums in proportion to the drop in driving observed during COVID-19.…
How Intact views auto claims severity during pandemic
May 14, 2021 by Greg MeckbachThe long-tail nature of motor vehicle liability and auto accident benefits claims means a temporary drop in total miles driven due to the pandemic does not necessarily equate to a corresponding drop in premiums for your clients, Intact executives suggest.…
Coverage dispute arises as to whether construction exclusion applies to building under renovation
May 13, 2021 by Greg MeckbachEditor’s Note: In an earlier version of this story, Canadian Underwriter incorrectly reported that Intact was denied leave to appeal an earlier court finding that a building renovation does not necessarily trigger an “under-construction” exclusion. In fact, the Court of…
Using pics in social media investigations? Here’s one thing you need to do…
May 6, 2021 by Greg MeckbachClaims professionals who rely on videos and photos obtained through social media investigations need to make sure that evidence can be backed up as authentic, Virtual Symposium B.C. speakers suggest. There are several reasons why a social media investigation is…
Appeal court ‘vindicates Aviva’ in slip-and-fall lawsuit
May 6, 2021 by Greg MeckbachCommercial liability clients do not have to settle personal injury lawsuits even if the defendants are perceived as having deep pockets, a recent Court of Appeal for Ontario ruling suggests. “A litigant, or its insurer, even if wealthy, is not…