Canadian Underwriter

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News ClaimsClaims Canada ArchiveLegal

Is the risk of coronavirus a ‘physical loss’ to the property?

April 29, 2020 by Greg Meckbach

Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a

News ClaimsClaims Canada ArchiveLegal

Should removing winter tires be a priority during pandemic?

April 27, 2020 by Greg Meckbach

As summer approaches in the midst of the COVID-19 pandemic, a key question is whether motorists with winter tires are getting their seasonal tire changes. Keeping winter tires on during the summer increases the risk of aquaplaning because winter tire

News AdjustersClaimsClaims Canada ArchiveLegal

Supreme Court of Canada to hear coverage dispute over fatal motorcycle accident

April 27, 2020 by Greg Meckbach

The Supreme Court of Canada announced it will hear an auto liability coverage dispute involving RSA Canada, insurer of a motorcyclist who had alcohol in his system while holding a probationary licence. The motorcyclist, Steven Devecseri, was killed May 29,

News ClaimsClaims Canada ArchiveLegal

The liability of long-term care facilities: COVID-19’s projected impact

April 24, 2020 by Greg Meckbach

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,

News CommercialLegal

Will more Canadian insurers introduce COVID-inspired D&O exclusions?

April 21, 2020 by Jason Contant

The Canadian insurance industry will struggle with adding exclusions related to COVID-19 in directors and officers (D&O) policies, “particularly in light of the fear that adding them now will suggest past policies did not exclude these issues,” a Toronto lawyer

News ClaimsLegal

Could a homeowner’s policy trigger liability coverage for COVID-19?

April 20, 2020 by Jason Contant

A homeowner’s insurance policy will not likely be called upon to respond to a liability claim arising from the transmission of COVID-19, an insurance litigation lawyer said Friday. As such, brokers likely don’t need to take the initiative to advise

News ClaimsClaims Canada ArchiveCommercialLegal

Fairfax predicts court’s reaction to legislated retroactive BI policy changes

April 16, 2020 by Greg Meckbach

If laws get passed retroactively changing business interruption policy wording so that pandemic losses now get covered, insurers will likely launch legal challenges that will be looked at by high court judges, Fairfax Financial CEO Prem Watsa suggests. During Fairfax’s

News ConstructionLegal

How Ontario is responding to surety writers’ COVID-19 concern

April 14, 2020 by Greg Meckbach

Concerns from surety bond providers have prompted the Ontario government to make one change, effective this Thursday, to the state of emergency during the pandemic. As it stands, an emergency order suspending limitations means liens against construction projects technically never

News Business InterruptionClaimsClaims Canada ArchiveClaims ProfessionalsCommercialLegal

Meet the restauranteur who’s taking the industry to court over pandemic BI coverage

April 14, 2020 by Greg Meckbach

Believe it or not, some commercial clients expect business interruption insurance to cover loss of income if the business gets interrupted, even if the cause of the interruption is a pandemic. Regina restaurant owner Thomas Siarkos is one such client.

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Coronavirus triage protocols: Hard choices over ventilator shortages shouldn’t put doctors at legal risk

April 14, 2020 by Jocelyn Downie, James Palmer Chair in Public Policy and Law, University Research Professor, Dalhousie University - THE CANADIAN PRESS

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. Author: Jocelyn Downie, James Palmer Chair in Public Policy and Law,

News AdjustersClaimsClaims Canada ArchiveCommercialLegal

The advice some lawyers give commercial clients over pandemic BI coverage

April 9, 2020 by Greg Meckbach

Brokers advising commercial clients that business interruption is not usually covered during a pandemic should not be surprised if those clients are hearing something different from their lawyers. “I would caution policyholders to thoroughly review their specific policy language before

News Legal

MDS ruling begs the question: Are your BI pandemic exclusions iron-clad?

April 9, 2020 by Zoran Samac & Rohan Haté *

After recent events surrounding the COVID-19 pandemic, in addition to a recent Ontario Superior Court decision about business interruption in a nuclear incident, Canadian P&C underwriters may want to take a second look at the wording of their pandemic exclusions