Topic Liability
Why Intact can’t recover $2.9 million in excess insurance payment
July 7, 2022 by David GambrillIntact Insurance has lost its bid to recover $2.9 million it paid above and beyond its $5-million insurance policy limit for cleaning up a 2012 chemical spill in North Bay, Ontario. Ontario’s Court of Appeal rejected Intact’s arguments that it…
How to advise clients on commercial contract indemnities
July 6, 2022 by Michael CareyCommercial contracts often contain indemnities, and brokers should be prepared to address issues pertaining to indemnities within those contracts. Some clients may ask what an indemnity is. Simply put, it’s a promise to compensate another person for certain costs and…
Three charges laid for 2019 spill from Newfoundland’s Hibernia offshore oil platform
July 6, 2022 by The Canadian PressST. JOHN’S, N.L. – Newfoundland and Labrador’s offshore oil regulator is laying charges in connection with a 2019 oil spill in the Hibernia field, which sits about 315 kilometres off the coast of St. John’s. The Canada-Newfoundland and Labrador Offshore…
Why your client now needs environmental insurance
July 4, 2022 by Jason ContantClimate change is resulting in larger and non-traditional pollution losses, necessitating the need for environmental insurance to cover possible coverage gaps left by other policies, an environmental insurance expert said recently. Stronger storms coupled with increased land development can lead…
U.S. regulator upgrades Tesla Autopilot crash analysis
June 30, 2022 by Philip PoradoA National Highway Traffic Safety Administration (NHTSA) preliminary analysis (PA) into Tesla’s Autopilot system was upgraded to an engineering analysis (EA) earlier this month. The EA will “extend the existing crash analysis, evaluate additional data sets [and] perform vehicle evaluations,”…
Will rocketing consumer prices spark social inflation?
June 24, 2022 by Philip PoradoWhile consumers are paying close attention to inflation’s impact on their wallets, insurers should be keeping an eye on social inflation – and recognize the two are often linked. “There’s quite a distinction between the impact of what I would…
How do you insure artificial intelligence?
June 15, 2022 by Alyssa DiSabatinoPicture this. Your client is manufacturing a car that includes software to apply the brakes automatically when approaching slow traffic. No doubt, this software has some built-in artificial intelligence (AI) elements. When insuring a vehicle manufacturer, it’s not too difficult…
How your large business clients can manage cyber risks they can’t see
June 14, 2022 by David GambrillIn the wake of lifting of pandemic restrictions, digital transformation is becoming so extensive that organizations are having trouble getting a handle on their broadening cyber exposures. “As organizations grow and incorporate digital and cloud transformation into the fabric of…
How broker E&O tracked during the pandemic
June 14, 2022 by Jason ContantBroker errors and omissions (E&O) claims grew during the pandemic for those who failed to maintain adequate levels of coverage for their clients, a broker E&O specialist says. While home and auto claims were down due to lockdowns, resulting in…
Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage
June 9, 2022 by David GambrillWhether or not a daughter is entitled to auto insurance coverage under her mother’s OPCF 44R family protection endorsement depends on the facts of the case, and not on whether her mother believes her caregiving daughter ‘resides’ at her place,…
Facility’s new approach to prevent truckers from “gaming the system”
June 6, 2022 by David GambrillNova Scotia has approved Facility Association’s approach to rating commercial auto in a way that trucking operators cannot “game the system” and get Nova Scotia’s lower premium rates when they drive more extensively in other Canadian provinces. Essentially, a “surcharge…
Insurer must defend negligence case, despite pollution exclusion
June 3, 2022 by David GambrillCanada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the…