Canadian Underwriter

Topic Liability

News B.C.Emerging RisksEnvironmentalLiability

Doctors, lawyers want B.C. to track injuries after record heat wave

August 3, 2021 by Camille Bains - THE CANADIAN PRESS

VANCOUVER – Two groups focused on environmental issues are calling on the British Columbia government to come up with a plan to track “heat dome injuries” following record-setting temperatures that are also linked with 570 deaths in the province over

News LegalLiabilityNewfoundland & Labrador

Archdiocese selling land to pay survivors of Mount Cashel abuse

July 27, 2021 by The Canadian Press

ST. JOHN’S, N.L. – The Roman Catholic archdiocese in Newfoundland and Labrador’s capital city is selling properties to pay survivors of abuse at the former Mount Cashel orphanage. Archbishop of St. John’s Peter Hundt said in a news release Sunday

News B.C.ClaimsInsurersLegalLiabilityPersonal Auto

Cyclist loses bid to summon the Queen to court in auto insurance case

July 23, 2021 by David Gambrill

A B.C. cyclist injured in a car collision has lost his bid to demand an audience with Her Majesty Queen Elizabeth II in an effort to make his case against the province’s public auto insurer. In addition to seeking an

News AdjustersClaimsClaims Canada ArchiveClaims ProfessionalsCommercialInsurersLegalLiabilityLoss TrendsNewfoundland & LabradorPersonal Auto

Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’

July 23, 2021 by Greg Meckbach

As the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance

News AdjustersB.C.ClaimsClaims Canada ArchiveClaims ProfessionalsLegalLiabilityLoss ControlLoss TrendsPersonal HomeProperty

Why your clients should do an inspection before buying a home

July 21, 2021 by Greg Meckbach

A couple who discovered a leaking bathtub after moving into their new home cannot get compensation from the sellers. A “reasonable inspection” would have revealed a water problem before Tyler and Keva Luscombe bought their home in 2020, the British

Ford safety recall in Canada
News LiabilityPersonal AutoTechnology

Ford issues three safety recalls affecting 42,000 Canadian vehicles

July 16, 2021 by The Canadian Press

DEARBORN, Mich. – Ford Motor Co. has issued three safety recalls affecting 850,000 vehicles in North America, including nearly 42,000 in Canada. The largest recall involves 775,000 Explorers, including almost 33,000 in Canada, for model years 2013 to 2017. The

News AdjustersClaimsClaims Canada ArchiveClaims ProfessionalsCommercialEducationInsurersLegalLiabilityLoss TrendsNova ScotiaOntarioPersonal Auto

Top court asked to create “new law” in waiver case involving insurer’s flip-flop on coverage

July 14, 2021 by Greg Meckbach

Canadian law on estoppel or waiver could change if the Supreme Court of Canada rules against RSA in Trial Lawyers Association of British Columbia v. Royal and Sun Alliance Insurance Company of Canada, a Vancouver-based insurance lawyer suggested Tuesday. Estoppel

News ClaimsClaims Canada ArchiveCommercialConstructionInsurersLegalLiabilityPropertyRisk ManagersSaskatchewan

Temple Insurance wins appeal in construction wrap-up dispute

July 12, 2021 by Greg Meckbach

Temple Insurance Company has won its appeal of a 2020 Court of Queen’s Bench of Saskatchewan ruling in a disputed construction wrap-up liability claim. Temple now has to pay some (but not all) of the legal defence costs incurred by

News BrokersCommercialInsurersLiabilityLoss TrendsQuebec

Looking for a quick D&O rebound after COVID? Don’t hold your breath….

July 9, 2021 by David Gambrill

Brokers looking to see directors’ and officers’ (D&O) insurance pricing and capacity rebound quickly after the pandemic had better not hold their breath — especially with the Canadian government now starting to pull the plug on certain COVID relief measures

News B.C.ClaimsClaims Canada ArchiveCommercial AutoLegalLiabilityPersonal AutoRisk Managers

Why delivery company is liable for damage to parked car

July 9, 2021 by Greg Meckbach

If a commercial auto client is accused of causing damage to a third-party vehicle, the client could be harming its legal position if it fails to produce a statement from its own driver. United Parcel Service Canada Ltd. is on

News ClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalLiabilityOntario

Internet kills idea of an inconvenient place to defend your client: Judge

June 30, 2021 by David Gambrill

In the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.

News ClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalLiabilityOntarioPersonal Auto

Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment

June 28, 2021 by Greg Meckbach

The Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended