Topic Legal
Why this auto claim can proceed 2 years after the limit expired
May 9, 2023 by David GambrillNova Scotia’s Supreme Court recently allowed an auto liability claim to proceed four years after the collision happened, and two years after the time limit for making a claim had expired. The delay was based mainly on the claimants’ lawyer…
How is the cannabis insurance market faring?
May 9, 2023 by Jason ContantFour-and-a-half years after recreational marijuana use was legalized in Canada, cannabis companies continue to face a number of challenges, including insolvency, consolidation and low or flat growth, according to a recent report from EY Canada. “Established/mature markets — including Canada,…
How OSFI wants P&C insurers to manage their third-party risks
May 8, 2023 by David GambrillCanada’s financial solvency regulator has published its final revised guideline for managing risks associated with third-party contracts and arrangements, having addressed industry concerns about scope, prescription and the timing of implementation. Guideline B-10: Third-Party Risk Management sets out enhanced third-party…
Court backs broker in dispute over buying his book of business
May 5, 2023 by David GambrillOntario’s Appeal Court has denied an appeal by a St. Catharines, Ont. brokerage in a dispute over the contract terms of a producer buying out his book of business after he served notice he was leaving the brokerage. In Lindsay…
What your business clients need to know about generative AI risks
May 4, 2023 by David GambrillCommercial brokers and insurers should alert their business clients to new liability risks around intellectual property (IP), copyright and licensing associated with using generative artificial intelligence (AI) technologies like ChatGPT, Dall-E and Bard. “Generative AI is a type of artificial…
Residents of Quebec town still struggle with aftermath of 2019 flooding
May 1, 2023 by Morgan Lowrie - THE CANADIAN PRESSSAINTE-MARTHE-SUR-LE-LAC, Que. – Sylvie Bechard had only owned her little brick house for six months when her neighbour came banging on her door on the night of April 27, 2019. The dike holding back the Lake of Two Mountains had…
Insurer successfully defends city’s appeal over fire response times
April 28, 2023 by David GambrillCanada’s top court Thursday refused to hear an appeal in a case in which a Quebec municipality was found 25% liable for a fire that destroyed a commercial building when not enough firefighters were present after 10 minutes to fight…
Why condo corporations need an extra ‘financial cushion’
April 27, 2023 by Jason ContantCanada’s national actuarial organization is recommending legislation that would require condo corporations to hold in their reserve funds a “financial cushion” above what’s required by a reserve fund study. “That cushion protects corporations from adverse deviations from increased expenditures (among…
How brokers can protect clients from ESG and DEI claims risk
April 25, 2023 by Philip PoradoBrokers placing directors and officers (D&O) insurance coverage should recognize the growing importance of how private company clients manage both environmental, social and governance (ESG) and diversity, equity and inclusion (DEI) concerns. Those issues are of increasing concern to the…
Insurer successfully defends flood exclusion in water damage endorsement
April 21, 2023 by David GambrillA Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…
Break-in at government office results in privacy breach
April 21, 2023 by The Canadian PressYELLOWKNIFE – The Northwest Territories government says a break-in at its Department of Education, Culture and Employment headquarters in Yellowknife has resulted in a privacy breach affecting about 3,000 people. The government says the break-in occurred early on Sunday and…
Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack
April 14, 2023 by David GambrillIntact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…