Canadian Underwriter

Topic Legal

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What can go wrong if ‘actual cash value’ is not clearly defined in a property policy

May 19, 2020 by Greg Meckbach

After a 132-year-old Cape Breton Island building was heavily damaged by a sprinkler line failure, there was a huge disparity between the property owner and insurer’s versions of “actual cash value.” The claimant said $1.59 million, while the insurer said

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B.C. businesses grapple with new health protocols as reopening begins Tuesday

May 19, 2020 by Brenna Owen - THE CANADIAN PRESS

VANCOUVER – As some British Columbia businesses prepare to reopen their doors on Tuesday when the province enters the second phase of its COVID-19 restart plan, others say they’re holding off while they grapple with new health protocols. Claire Wyrostok

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How curbside retail re-opening creates liability risk

May 14, 2020 by Greg Meckbach

Retailers who are partially re-opening without letting customers into their stores could face liability risk if customers are somehow injured just outside the store, an insurance defence lawyer suggests. Since May 11, some Ontario retailers who were originally ordered closed

News Legal

How to ensure social distancing while road-testing drivers

May 13, 2020 by Greg Meckbach

Saskatchewan Government Insurance is resuming road tests – suspended since mid-March – for some drivers. SGI had suspended driving tests in order to reduce the risk of spreading the novel coronavirus. And so how to resume testing while social distancing

News ClaimsLegal

Why a strata corporation is on the hook for restoration costs in individual unit

May 12, 2020 by Greg Meckbach

A strata corporation that tried to charge a unit owner $1,260 in water damage restoration costs has lost its case before the British Columbia Civil Resolution Tribunal. In July 2019, an outdoor water tap failed, causing water to enter a

News ClaimsLegal

COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other

News Business InterruptionClaimsClaims Canada ArchiveLegal

Why Intact says most clients have no pandemic business interruption coverage

May 6, 2020 by Greg Meckbach

Fewer than 1% of the commercial property policies that Intact Financial Corp. writes should incur business interruption claims from the coronavirus pandemic, company officials suggested Wednesday. But the insurer has set aside more than $80 million to account for possible

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Aviva loses battle in faulty workmanship exclusion dispute

May 5, 2020 by Greg Meckbach

The application of faulty workmanship exclusions continues to be a subject of disagreement among judges, a Court of Appeal of Alberta ruling from last week shows. The Court of Appeal of Alberta recently found that if a construction contractor causes

News AdjustersBusiness InterruptionClaimsClaims Canada ArchiveLegal

How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I

News AdjustersClaimsClaims Canada ArchiveLegal

Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a

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This is not a drill

May 1, 2020 by Canadian Underwriter Staff: Jason Contant, Greg Meckbach, Adam Malik and David Gambrill

Since mid-March, Canada’s P&C industry has been working from home and social distancing to slow the spread of the novel coronavirus. What have we learned so far that will help us prepare for the next pandemic?

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BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance