Canadian Underwriter

Topic Legal

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Why the D&O market will probably get harder

December 15, 2020 by Greg Meckbach

Data breaches and the impact of COVID-19 on a company’s financial performance are among the “megatrends” affecting directors’ and officers’ liability claims, Allianz Global Corporate & Specialty warned in a report released Dec. 15. “Outside the U.S., securities class actions

News ClaimsInsurersLegalLiability

How clients can avoid pitfalls when dealing with ‘additional insured’ contracts

December 14, 2020 by Greg Meckbach

Agreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance

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Why an adjuster’s notes are out of bounds in this subrogation case

December 14, 2020 by David Gambrill

When The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came

News InsurersLegalLiabilityRisk Managers

How AIG stick-handled this liability coverage dispute

December 11, 2020 by Greg Meckbach

A Court of Appeal for Ontario ruling in favour of AIG Insurance Company of Canada, over a coverage dispute arising from an injury to a spectator at a hockey arena, is now final. The Supreme Court of Canada recently announced

News BrokersInsurersLegalLiabilityPersonal Home

Defying The Grinch may cost your clients home insurance coverage

December 11, 2020 by David Gambrill

Are your clients tempted to defy The Grinch who stole Christmas and have large holiday gatherings during the pandemic regardless of what public health orders might say? You might want to tell them about pandemic exclusions in their home insurance

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Former Canadian Hockey League players detail allegations of abuse, hazing

December 11, 2020 by The Canadian Press

TORONTO – Fourteen former Canadian Hockey League players have submitted affidavits detailing alleged abuse and hazing in a class-action lawsuit filed by two other ex-players. Former NHL player Daniel Carcillo and Garrett Taylor, who played in the Western Hockey League

News AlbertaClaimsLegal

Alberta’s top court dismisses appeal of Edmonton man convicted in road rage attack

December 9, 2020 by Daniela Germano - THE CANADIAN PRESS

EDMONTON – An Edmonton man sentenced to 3-1/2 years in prison for breaking a woman’s arms with a crowbar in a road-rage attack has lost an appeal of his conviction. Jared Eliasson was granted bail in December 2019, moments after

News Business InterruptionClaimsInsurersLegalLiability

How a South African court applied the U.K. test case in a B.I. dispute

December 8, 2020 by David Gambrill

South Africa’s Western Cape High Court has ordered an insurer to pay a retailer of luxury travel goods up to a maximum of six months’ worth of business interruption coverage (about Cdn$1.5 million), following a dispute over losses arising from

News AlbertaClaimsClaims Canada ArchiveCommercialLegalLiabilityRisk Managers

End of the line for Intact’s bid to appeal frozen food spoilage coverage dispute

December 7, 2020 by Greg Meckbach

A Supreme Court of Canada decision released Thursday means Intact Insurance has to defend two lawsuits against a client that operates a cold storage warehouse. Clauson Cold & Cooler Ltd. had a “Commercial Edge Express Plus” policy with Intact. In

Feature ClaimsClaims Canada ArchiveCommercialEducationLegalRisk Managers

‘The most litigated insurance concept’

December 6, 2020 by Greg Meckbach, Associate Editor

A lot of things can go wrong when a client agrees to add a counter-party to a contract as an additional insured. Here’s what your clients can do to reduce the risk of a nasty coverage dispute

News CommercialEducationHRInsurersLegalManagementMergers and AqcuisitionsOperationsQuebecTechnology

Who is funding many of these insurance mergers

December 4, 2020 by Greg Meckbach

The industry continues to consolidate and pension funds are one major source of capital for insurers, a Montreal-based merger and acquisition expert observes. “One or two notable [carrier M&A] transactions per year has slowly transformed the Canadian landscape, including the

News B.C.ClaimsClaims Canada ArchiveCommercial AutoLegalPersonal AutoRisk Managers

How courts assess liability of auto dealer that leaves keys in unlocked running vehicle

December 2, 2020 by Greg Meckbach

A police officer injured in a collision with a stolen truck has lost his bid to seek compensation against the dealership from which the truck was stolen; with Canada’s top court refusing to hear the case, the end result is