Topic Legal
Residents of Quebec town still struggle with aftermath of 2019 flooding
May 1, 2023 by Morgan Lowrie - THE CANADIAN PRESSSAINTE-MARTHE-SUR-LE-LAC, Que. – Sylvie Bechard had only owned her little brick house for six months when her neighbour came banging on her door on the night of April 27, 2019. The dike holding back the Lake of Two Mountains had…
Insurer successfully defends city’s appeal over fire response times
April 28, 2023 by David GambrillCanada’s top court Thursday refused to hear an appeal in a case in which a Quebec municipality was found 25% liable for a fire that destroyed a commercial building when not enough firefighters were present after 10 minutes to fight…
Why condo corporations need an extra ‘financial cushion’
April 27, 2023 by Jason ContantCanada’s national actuarial organization is recommending legislation that would require condo corporations to hold in their reserve funds a “financial cushion” above what’s required by a reserve fund study. “That cushion protects corporations from adverse deviations from increased expenditures (among…
How brokers can protect clients from ESG and DEI claims risk
April 25, 2023 by Philip PoradoBrokers placing directors and officers (D&O) insurance coverage should recognize the growing importance of how private company clients manage both environmental, social and governance (ESG) and diversity, equity and inclusion (DEI) concerns. Those issues are of increasing concern to the…
Insurer successfully defends flood exclusion in water damage endorsement
April 21, 2023 by David GambrillA Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…
Break-in at government office results in privacy breach
April 21, 2023 by The Canadian PressYELLOWKNIFE – The Northwest Territories government says a break-in at its Department of Education, Culture and Employment headquarters in Yellowknife has resulted in a privacy breach affecting about 3,000 people. The government says the break-in occurred early on Sunday and…
Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack
April 14, 2023 by David GambrillIntact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…
$14.7 million settlement in sex abuse class action against Montreal archdiocese
April 14, 2023 by Sidhartha Banerjee - THE CANADIAN PRESSMONTREAL – A $14.7-million settlement has been reached in a class-action lawsuit brought against the Montreal Roman Catholic archdiocese, and a judge will be asked to sign off on the deal in the coming weeks, the plaintiffs’ lawyer said Thursday.…
Why resolving claims disputes is about more than numbers
April 11, 2023 by Derek SayersWant to increase the likelihood of a construction project insurance claim being accepted? Take the time to validate each aspect of that claim. The upfront work will make it easier for any umpires, mediators, consultants or lawyers brought in to…
Can’t find defendants in auto liability cases? Don’t serve their insurers instead.
April 5, 2023 by David GambrillOntario’s Court of Appeal has laid down the law on trial lawyers habitually serving defendants’ auto liability insurers as a matter of course when they can’t find the defendants to serve notice of the lawsuit. Don’t do it. “As a…
Intact policyholder conflates ACV with replacement cost value
April 4, 2023 by David GambrillIntact recently won an appraisal dispute with an insured who originally claimed more than four times the market value of his business property after a fire, prompting the court to find the insured was conflating actual cash value (ACV) of…
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…