Topic Adjusters
How to avoid turning the mishandling of a claim into a six-figure bad faith award
February 3, 2021 by David GambrillA Manitoba court decision ordering the province’s public auto insurer to pay a bad faith award of $350,000 serves as a cautionary tale to the industry that bad faith awards for mishandling a claim can be made even after a…
Why this small claims tribunal changed an auto insurer’s liability finding
January 21, 2021 by Greg MeckbachA British Columbia driver who was found 50% at fault for a collision by the province’s monopoly auto insurer has partly won a small claim against the other driver. Hartmut Wolfram and Yunsun Kim collided with one another in Burnaby…
Court sides with condo insurers that used the wrong policy to deny a $4.4-million water damage claim
January 20, 2021 by David GambrillSix 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…
What can go wrong when do-it-yourself clients try to replace home water heaters
January 19, 2021 by Greg MeckbachSome homeowner clients could get in trouble if they try to replace water heaters themselves, by following do-it-yourself handyman advice they find somewhere on the Internet. Many home insurance policies specifically require that water heater installation be done by a…
When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer
January 15, 2021 by David GambrillIn 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…
Three ways of reducing your client’s risk of false slip-and-fall claims
January 11, 2021 by Greg MeckbachInstalling 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…
Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim
January 4, 2021 by Greg MeckbachA landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which…
‘Expensive, extreme:’ Environment Canada releases annual Top 10 weather stories list
December 16, 2020 by Bob Weber - THE CANADIAN PRESSIt was another year of record-breaking disasters and crazy, dangerous weather from coast to coast, says Environment Canada’s senior climatologist. A vicious hailstorm in Calgary wrote off more cars than Albertans normally buy in an entire year. Heat in Ontario…
Ontario wind storm costs the industry $87 million
December 15, 2020 by Jason ContantAdd $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,…
Why an adjuster’s notes are out of bounds in this subrogation case
December 14, 2020 by David GambrillWhen The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came…
What four home insurers told the auditor general about illegal electrical work
December 8, 2020 by Greg MeckbachSome Ontario homeowners could collect insurance money on property claims even if the damage was caused by illegal electrical work, the auditor general suggests in her report released Monday. Staff with the province’s Office of the Auditor General contacted four…
Fort McMurray residents still cleaning, considering options after spring flooding
December 8, 2020 by The Canadian PressFORT MCMURRAY, Alta. – More than seven months ago, Cora Dion and her husband fled Fort McMurray for the second time in four years as a spring flood threatened their home in northern Alberta. They returned to a soggy mess…