Topic Claims Canada Archive
New Supreme Court of Canada guidance on liability for Canadian clients operating overseas
February 28, 2020 by Greg MeckbachIf you place commercial liability insurance for clients with supply chains outside of Canada, be sure and check out Friday’s Supreme Court of Canada ruling in Nevsun Resources Ltd. v. Araya. In its divided ruling, Canada’s top court ruled that…
Why depressed oil price matters to brokers
February 25, 2020 by Greg MeckbachWith oil prices down nearly 30% over 16 months and bankruptcies on the rise, now might be a good time for brokers to check their oil and gas clients’ insurance policies – especially their directors’ and officers’ (D&O) coverage. Among…
Coverage dispute from 1999 spoiled food recall finally ends
February 24, 2020 by Greg MeckbachTwenty years after a loss resulting from food getting infested with insects, a commercial client has lost its coverage dispute with St. Paul Fire and Marine Insurance Co. The Supreme Court of Canada announced Thursday it had denied leave to…
The ‘social inflation’ affecting Fairfax Financial’s run-off business
February 21, 2020 by Greg MeckbachAsbestos-related commercial liability claims could soon reach a peak, but they continue to be a concern for the property and casualty insurance industry, suggests Prem Watsa, founder and chairman of Toronto-based Fairfax Financial Holdings Ltd. “Asbestos has been a problem…
The breach from the throne
February 19, 2020 by Greg MeckbachFaulty toilet supply lines, often the source of six- and seven-figure water claims, are leading to subrogated claims against manufacturers, installers and others involved in the supply chain leading to your clients’ washrooms. The way a toilet works is that…
End of road for vehicle occupant sued for negligent parenting
February 18, 2020 by Greg MeckbachA defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not…
How much damage a toilet malfunction can cause
February 11, 2020 by Greg MeckbachYour property client’s flood risk could arise from a weak link in the bathroom. Water damage claims of over $100,000 can result if the supply line feeding water to the toilet breaks, says metallurgist Paul Okrutney, founder of Toronto-based insurtech…
Advice to Canadian industry from former U.S. government flood insurance CEO
February 10, 2020 by Greg MeckbachA former head of the United States National Flood Insurance Program has some frank advice for Canadian insurance professionals concerned about the lack of affordable overland flood coverage insurance for high-risk properties. “Look at what they have done south of…
Overseas working conditions: Is your client on the hook?
February 8, 2020 by Greg Meckbach, Associate EditorCorporate clients who get their goods from jurisdictions with inadequate protection for workers’ rights could end up being named as defendants
Appeal court overturns controversial ruling on auto coverage arising from overseas accident
February 7, 2020 by Greg MeckbachA controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF…
What the regulator found when asking if fire following earthquake is covered in Quebec
February 5, 2020 by Greg MeckbachMost Quebec homeowners are covered for fire following earthquake, according to a survey by the province’s regulator, which canvassed about 90% of insurers doing business in Quebec. The results of the Quebec Autorite des Marches Financiers (AMF) survey indicate that…
Does ‘material change in risk’ clause need better clarity?
February 3, 2020 by Greg MeckbachDespite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack…