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Court sides with condo insurers that used the wrong policy to deny a $4.4-million water damage claim

January 20, 2021 by David Gambrill

Six subscription policy insurers that denied coverage to a condo corporation in a $4.4-million water damage claim — a denial based on reference to the wrong policy — have had the matter tossed out of court. The Court of Queen’s

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When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer

January 15, 2021 by David Gambrill

In a $1.2-million dispute arising from a property resort fire, an Ontario appraisal umpire did not exceed his authority when he used a much higher depreciation rate than both the claimant and the insurer did to calculate the value of

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How ‘take-home COVID’ can impact employers’ liability

January 13, 2021 by Greg Meckbach

COVID-19 can cause a commercial general liability claim if a commercial client is sued by the family member of a worker who has caught the disease at work and then infected family members, insurance law experts suggest. “Take-home COVID” is

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Three ways of reducing your client’s risk of false slip-and-fall claims

January 11, 2021 by Greg Meckbach

Installing video systems, keeping an eye out for obstructions on the property and asking claimants for all names they have used in the past are among the techniques your clients can use to protect themselves from fraudulent slip-and-fall claims. Slip

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Why some tech vendors are becoming MGAs

January 7, 2021 by Greg Meckbach

Insurers could distribute coverage through technology firms that adopt the managing general agent model, a Montreal expert for a venture capital fund observes. “Some technology startups are adopting the MGA model to partner with a carrier or reinsurer to distribute

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How an insurer became embroiled in this body shop’s lawsuit against an auto dealer

January 6, 2021 by Greg Meckbach

A collision repair centre is suing an auto dealership firm that stopped referring work to it amid unproven allegations that the body shop submitted false or fabricated invoices to Aviva Canada, recent Ontario court documents show. In 2013, a firm

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The difference between pandemic BI coverage and pushing a bus off a cliff

January 5, 2021 by Greg Meckbach

Commercial clients who bought insurance covering a disease outbreak within 25 miles of their premises did not buy coverage for business interruption from a pandemic on a national scale, insurance company lawyers are telling the United Kingdom Supreme Court. Worldwide,

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Britain’s regulator challenges ruling in favour of insurers over pandemic BI coverage

January 4, 2021 by Greg Meckbach

The appearance of the word “event” in a “disease radius” clause in business interruption insurance contract could be instrumental in determining whether the client is covered during a pandemic. In a ruling released Sept. 15, the High Court of England

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How family protection endorsement works when multiple tortfeasors liable

December 16, 2020 by Greg Meckbach

A Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was

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Taming Social Inflation

December 16, 2020 by Adam Malik, Managing Editor

Social inflation essentially describes insurers’ increasing legal costs. Why insurers are pinning this primarily on the rise of litigation funding

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Ontario wind storm costs the industry $87 million

December 15, 2020 by Jason Contant

Add $87 million to the more than $2.1 billion that the Canadian property and casualty insurance industry has paid out in claims thus far in 2020. An Ontario windstorm in November hit the Greater Toronto Area, the areas of Hamilton,

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Why the D&O market will probably get harder

December 15, 2020 by Greg Meckbach

Data breaches and the impact of COVID-19 on a company’s financial performance are among the “megatrends” affecting directors’ and officers’ liability claims, Allianz Global Corporate & Specialty warned in a report released Dec. 15. “Outside the U.S., securities class actions