Canadian Underwriter

Topic Legal

Roof Leaking
News B.C.BrokersClaimsCommercialInsurersLegal

Water damage dispute: Why the court wouldn’t end three-year dispute resolution

June 22, 2022 by David Gambrill

B.C.’s Supreme Court has denied a claimant’s attempt to bail out of two mandatory dispute resolution hearings with multiple insurers in a three-year dispute over the value of water damage in her strata unit. “The plaintiff is understandably frustrated by

Hacker attack and data breach
News ClaimsCommercialCyberInsurersLegalQuebecTechnology

Quebec court approves $200.9M settlement against Desjardins over data breach

June 20, 2022 by The Canadian Press

MONTREAL – The Superior Court of Quebec has approved a nearly $200.9-million settlement of a class-action lawsuit against Desjardins over a data breach – the largest to date in the Canadian financial services sector. Siskinds Desmeules and Kugler Kandestin say

Picturesque family home with red facade combined with wooden details. Hard roof top pergola covering the patio, protecting it from snow. This modern style home gives you a cozy feel, because of wood and warm colors.
News ClaimsInsurersLegalPersonal Home

Sewer back-up or overland flood? Is a sun deck “within” a dwelling?

June 17, 2022 by David Gambrill

A sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the outdoors, B.C.’s Supreme Court has ruled. In Gill v Wawanesa Mutual

Canadian flag beside the word 'military' on a keyboard
News ClaimsCyberLegalTechnology

Personal information about more than 100 military sex misconduct claimants leaked

June 15, 2022 by Lee Berthiaume - THE CANADIAN PRESS

OTTAWA – The company overseeing the federal government’s $900-million settlement deal with military members who experienced sexual misconduct in uniform is admitting to more privacy breaches, despite repeated promises to have fixed the problem. Epiq Class Action Services Canada confirmed

Network and cybersecurity concept
News CommercialCyberLegalSupply ChainTechnology

Key enterprises could face penalties under federal bill to bolster cybersecurity

June 14, 2022 by Jim Bronskill - THE CANADIAN PRESS

OTTAWA – Key enterprises in the banking, telecommunications and transportation industries would be among those required to bolster cybersecurity and report digital attacks – or possibly face penalties – under a federal bill introduced Tuesday. The legislation is intended to

Flood in a house with furniture floating
News B.C.ClaimsCommercialInsurersLegalPersonal Home

Vacancy permit doesn’t require daily attendance for eight months during repairs

June 10, 2022 by David Gambrill

Belair does not have to pay a condo claimant more than $1,500 in daily mileage costs accrued over almost eight months, during which time flood damage in the insured’s unit was being repaired. Belair Insurance Company insured a condominium owned

News ClaimsInsurersLegalLiabilityOntario

Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage

June 9, 2022 by David Gambrill

Whether or not a daughter is entitled to auto insurance coverage under her mother’s OPCF 44R family protection endorsement depends on the facts of the case, and not on whether her mother believes her caregiving daughter ‘resides’ at her place,

Wooden denied stamp on yellow background. Horizontal composition with copy space.
News InsurersLegalOntarioPersonal Auto

Should you attach a dispute-resolution form to a denial letter?

June 8, 2022 by David Gambrill

An injured auto driver has lost an appeal against her insurer, which denied benefits a full seven years before she launched her legal challenge against the decision. One notable aspect of the case was whether the claimant received a dispute

Gas valve on the pipe between the receivers.
News ClaimsCommercialEnvironmentalInsurersLegalLiability

Insurer must defend negligence case, despite pollution exclusion

June 3, 2022 by David Gambrill

Canada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the

Non-compete agreement
News CommercialLegalOntario

Why brokers should check their older non-compete agreements

June 3, 2022 by Jason Contant

Ontario courts will declare older non-competition clauses unenforceable if they are unreasonable between the parties due to ambiguity or because the scope of prohibited activities is overly broad, two lawyers write in an analysis of Court of Appeal for Ontario

semi-truck at night
News CommercialCommercial AutoInsurersLegalOntario

The insurance policy clause that saved this self-insurer

June 2, 2022 by David Gambrill

Clean Harbors Canada, one of largest hazardous waste haulers in North America, is not on the hook to pay the cost of first-party fire damage to a truck owned and operated by one of its contractors, an Ontario court has

Doctor consulting male patient, working on diagnostic examination of mental illness
News ClaimsInsurersLegalOntarioPersonal Auto

Auto AB claim: Where privacy meets abuse of process

June 1, 2022 by David Gambrill

An Ontario court has rejected the privacy concerns of an auto accidents benefits claimant who refused to attend a psychological examination required by his insurer, finding that the claimant’s privacy concerns amounted to an abuse of process. Ali Baradaran Bagherian