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Topic Legal

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Toilet trouble means strata owner must reimburse corporation’s $5,000 deductible

April 19, 2021 by Greg Meckbach

A British Columbia townhouse owner whose toilet overflowed and caused damage has to pay the $5,000 deductible on the strata corporation’s insurance claim, the B.C. Civil Resolution Tribunal (CRT) has ruled. Jefferson Wu is the principal of Kwan-Wu Holdings Ltd.,

News B.C.ClaimsInsurersLegalLiabilityPersonal Auto

Appeal Court adds new twist to court battle over auto reforms

April 19, 2021 by David Gambrill

B.C.’s Court of Appeal has temporarily suspended parts of a recent decision by the B.C. Supreme Court, which found that it is unconstitutional for the province’s Civil Resolution Tribunal (CRT) to determine minor injuries and decide claims of up to

News Business InterruptionInsurersLegal

Should the Canadian P&C industry be concerned about BI court cases?

April 16, 2021 by Adam Malik

For now, little evidence exists that courts will adjudicate against Canada’s property and casualty insurers in litigation related to business interruption claims stemming from the COVID-19 pandemic, according to an industry executive. At the recent CIP Society Symposium 2021 virtual

News AdjustersClaimsClaims ProfessionalsCommercial AutoLegalManitoba

Adjuster’s fine halved on appeal in a replacement cost dispute over a tractor

April 15, 2021 by David Gambrill

A Manitoba insurance adjuster has been fined for failing to carry out instructions from an insurer to inform a claimant about how to replace their tractor under the terms of the insurer’s Limited Waiver of Depreciation. The adjuster, Douglas Boyd

News B.C.ClaimsClaims Canada ArchiveCommercialLegalPersonal HomeProperty

Client dogged by $1,277 uninsured water damage remediation bill

April 14, 2021 by Greg Meckbach

A British Columbia client who runs a dog kennel business out of her home is liable for some water damage remediation costs that her insurer did not cover because they relate to business and not personal use of the property.

News ClaimsClaims Canada ArchiveLegalLiabilityOntarioPersonal Auto

Why mom is not liable for son’s traffic collision driving mom’s car

April 12, 2021 by Greg Meckbach

When a parent says no to a child who wants to drive the car, and the parent does not leave the keys out in the open to be easily found, the child does not in fact have the parent’s consent

News B.C.ClaimsClaims Canada ArchiveLegalLiabilityPersonal AutoPersonal Home

Vehicle repair mishap engages both home and auto insurance: B.C. Court

April 8, 2021 by Greg Meckbach

The Insurance Corporation of British Columbia is partly responsible for paying legal defence costs of a homeowner being sued by a guest who was injured when the homeowner was repairing his classic car. On Aug. 9, 2015, Gary Upton was

News B.C.Claims Canada ArchiveLegalLiability

Supreme Court of Canada considers municipal liability in snow removal decisions

April 8, 2021 by Greg Meckbach

Municipalities are not liable for “policy decisions” on matters such as snowplowing, but lawyers disagree on exactly what kind of a “policy decision” could shield a government from liability in a personal injury lawsuit. “Back home in Newfoundland, when there

News AlbertaCatastrophesClaimsInsurersLegal

Intact wins the battle, but loses the war, in Alberta wildfire claim

April 7, 2021 by David Gambrill

Intact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant

News ClaimsClaims TechnologyCommercialInsurersLegalLoss ControlLoss TrendsPersonal Auto

Number of suspicious claims “at an all-time” high during COVID: RSA

April 6, 2021 by Jason Contant

Even though claims volume has significantly decreased during the COVID-19 pandemic, the number of claims flagged for possible fraud investigation remains comparable to pre-pandemic levels, RSA told Canadian Underwriter last week. “From RSA’s perspective… this indicates [claims] with concerning loss

News B.C.ClaimsInsurersLegalLoss ControlLoss TrendsPersonal Auto

B.C. applying for stay in court ruling on auto injury claims: Attorney General

April 6, 2021 by The Canadian Press

VICTORIA – British Columbia is applying for a partial stay in a recent B.C. Supreme Court ruling about jurisdiction over motor vehicle injury disputes, pending its appeal of the same decision, Attorney General David Eby said this week. The March

News LegalLiabilityPropertyQuebec

Families reach $5.5 million settlement in lawsuit against Quebec long-term care home

April 1, 2021 by Sidhartha Banerjee - THE CANADIAN PRESS

MONTREAL – Lawyers for residents and families suing a Montreal-area long-term care home ravaged by the pandemic’s first wave said Wednesday they had reached a $5.5-million settlement with the facility’s owners. The private Residence Herron was among the hardest hit