Topic Claims Canada Archive
Top 5 Canadian court rulings of 2019 for P&C insurance
December 20, 2019 by Greg MeckbachTragedies, mishaps and financial disasters often lead to court disputes, resulting in rulings from judges. Sometimes judges disagree with one another and appeals get filed with higher courts, but the end results often provide lessons for the industry. Here are…
Could CGL policy have to cover this dry cleaning pollution claim?
December 17, 2019 by Greg MeckbachA coverage dispute over pollution exclusions might bring two of Canada’s largest insurers before the Supreme Court of Canada. West Van Lions Gate Cleaners Ltd. has operated a dry cleaners in Vancouver since 1976. Until 1999 an automotive repair business…
The hidden cost of Ontario auto accident injuries
December 16, 2019 by Greg MeckbachMore than half a million Ontarians receive some form of government disability support and an advocate for claimants suggests many of these are caused by motor vehicle accident injuries. “At the end of the day, unpaid claimants don’t just go…
Why the auditor red-flagged a government agency’s cloud computing risk management practices
December 12, 2019 by Greg MeckbachHere is a textbook example of how your cyber clients should not be managing their risks, according to Alberta’ auditor general. The province’s auditor red-flagged the example of Travel Alberta Corporation, a provincial agency that moved most of its software…
Why this $3-million subrogated fire claim against corporate tenant failed
December 10, 2019 by Greg MeckbachThe British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released…
Thousands displaced by this apartment fire won’t go home this year
November 18, 2019 by Greg MeckbachMore than 1,000 residents displaced by a major electrical fire in 2018 will not be moving back into their apartment building this year. A fire broke out Aug. 21, 2018 in the electrical room of 650 Parliament Street, a high-rise…
Who’s liable for what in this $2.2-million fuel oil spill
November 18, 2019 by Greg MeckbachAnother chapter in the sad story of a $2.2-million residential heating fuel oil spill, into a fresh-water lake, has been closed. The Supreme Court of Canada announced this past Thursday it will not hear an appeal from Thompson Fuels of…
Insurers’ medical examiner gets his day at Supreme Court of Canada
November 16, 2019 by Greg MeckbachThe Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked…
Why you might be having a hard time finding coverage in liability lines
November 14, 2019 by Greg MeckbachLiability loss inflation may be a new topic of discussion for securities analysts who watch the property and casualty sector, but for Canada’s largest insurer, it’s nothing particularly novel. “There is inflation,” Charles Brindamour, CEO of Intact Financial Corp., observed…
Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules
November 13, 2019 by Greg MeckbachThe two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court…
How change of backyard elevation spawns liability risk
November 12, 2019 by Greg MeckbachA London, Ont. homeowner is in legal trouble because the water that was supposed to flow east from his neighbour’s backyard, across his property, started going the wrong way 12 years ago. In Dankiewicz v. Sullivan, released Nov. 4, Justice…
Why this commercial food spoilage claim from ice storm was denied
November 4, 2019 by Greg MeckbachIf your client has coverage for business interruption and spoiled perishable food inventory, does that still kick in if the loss was caused by damage to power transmission lines off the client’s property? For a Toronto bakery, the answer is…