Topic Legal
FM Global appeals $25-million BI award arising from reactor shutdown
September 17, 2020 by Greg MeckbachFactory Mutual is appealing an Ontario court ruling that included a finding that “resulting physical damage” can mean loss of use. David Liblong, a partner with Liblong Digambar Professional Corporation, told Canadian Underwriter Wednesday that the insurer is appealing MDS…
Will the U.K. decision in a test BI case matter to Canada? Intact and ratings agencies weigh in.
September 17, 2020 by Greg MeckbachThe verdict in the British Financial Conduct Authority’s business interruption test case could have an impact outside of Britain, one credit rating agency warns, but Canada’s largest carrier appears to be largely unaffected. The vast majority of Intact Financial Corp.’s…
P&C industry braces for a ‘second wave’ of COVID liability
September 15, 2020 by David GambrillThere is an old saying: ‘Fool me once, shame on you. Fool me twice, shame on me.’ As schools across the nation re-open, and as COVID-19 virus infection rates across Canada once again begin to climb, Canadian P&C industry observers…
Mixed result in British court ruling in business interruption coverage dispute
September 15, 2020 by Greg MeckbachIf a client has business interruption coverage “following” a notifiable disease within a certain distance, while another has coverage for BI “in consequence” of the same disease, one of those clients could be covered for its COVID-19 closure while the…
Appeal judge: Is the lack of a privacy-breach tort in this province ‘anachronistic’?
September 14, 2020 by Greg MeckbachBritish Columbia’s courts need to take a close look at the question of whether the province has a tort for breach of privacy, an appeal court judge suggested in a recent decision arising from a data breach at a Vancouver-based…
What’s driving D&O rate increases for privately-held firms
September 11, 2020 by Greg MeckbachLawsuits from employees alleging harassment or discrimination is one reason for significant price increases in directors’ and officers’ liability rates. In Canada, commercial brokerage Gallagher is seeing an uptick in age and gender discrimination claims and workplace harassment claims under…
Supreme Court of Canada paves way for insurers’ medical examiner’s lawsuit
September 10, 2020 by Greg MeckbachA $15-million defamation lawsuit by an insurers’ medical examiner against an Ontario-based personal injury lawyer is going to trial, the Supreme Court of Canada announced in a divided ruling released Thursday. Dr. Howard Platnick “deserves to have his day in…
TD faces class-action lawsuit over travel insurance and cancelled trips amid pandemic
September 10, 2020 by Christopher Reynolds – The Canadian PressToronto-Dominion Bank is facing a class-action lawsuit over its refusal to pay travel insurance claims following trip cancellations triggered by the COVID-19 pandemic. Lead plaintiff Kevin Lyons cancelled his family’s flight to Italy along with their Mediterranean cruise in early…
Why these home buyers won a $100,000 lawsuit
September 8, 2020 by Greg MeckbachA recent Ontario court ruling arising from a major structural defect in a cottage country home shows why a homeowner should get the vendor to complete a seller property information sheet (SPIS) before agreeing to a purchase. “The law can…
How clients may argue BI covers pandemic if no physical damage occurs
September 4, 2020 by Greg MeckbachSome clients seeking business interruption coverage arising from the COVID-19 pandemic are looking to the courts for a “generous” interpretation of policy wording, a Canadian lawyer says. “In the context of property damage claims related to the novel coronavirus, many…
How Gallagher prepares clients for D&O rate increases
September 4, 2020 by Greg MeckbachIf your clients are going to be hit with rate increases and major changes in terms and conditions to their directors’ and officers’ (D&O) liability policies, you might want to give them some advance warning. “We tend to prepare early…
Canadian government named in class-action privacy breach lawsuit
September 3, 2020 by Greg MeckbachThe federal government is facing a proposed class-action lawsuit over data breaches earlier this year affecting thousands of users of online service users. Criminals were able to get the user names and passwords of 9,041 users of GCKey, the federal…