Canadian Underwriter

Topic Liability

Sewerage system, dirty water discharged into river.
News ClaimsCommercial AutoEnvironmentalInsurersLegalLiabilityOntario

Why Intact can’t recover $2.9 million in excess insurance payment

July 7, 2022 by David Gambrill

Intact 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

Indemnity agreement on desk with pen and eye glasses.
News BrokersBusiness InterruptionClaimsClaims ProfessionalsCommercialCyberEmerging RisksInsurersLegalLiabilityPropertyRisk ManagersTrusted Advisor

How to advise clients on commercial contract indemnities

July 6, 2022 by Michael Carey

Commercial 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

Atlantic Ocean near Newfoundland
News ClaimsCommercialEnvironmentalLiabilityNewfoundland & Labrador

Three charges laid for 2019 spill from Newfoundland’s Hibernia offshore oil platform

July 6, 2022 by The Canadian Press

ST. 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

A leaking roof in an old office
News AdjustersClaimsCommercialEnvironmentalInsurersLiabilityLoss ControlProperty

Why your client now needs environmental insurance

July 4, 2022 by Jason Contant

Climate 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

Tesla autopilot
News ClaimsEmerging RisksLegalLiabilityPersonal AutoTechnology

U.S. regulator upgrades Tesla Autopilot crash analysis

June 30, 2022 by Philip Porado

A 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,”

Jurors sitting in a court room box
News ClaimsClaims Canada ArchiveClaims ProfessionalsEmerging RisksInsurersLegalLiabilityPersonal AutoPersonal HomePropertyRisk ManagersTrending

Will rocketing consumer prices spark social inflation?

June 24, 2022 by Philip Porado

While 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

Robot holding a brain to represent artificial intelligence.
News ClaimsCommercialCyberEmerging RisksInsurersLiabilityLoss ControlLoss TrendsTechnology

How do you insure artificial intelligence?

June 15, 2022 by Alyssa DiSabatino

Picture 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

Humorous mobile cloud computing conceptual image
News ClaimsCommercialCyberEmerging RisksInsurersLiabilityLoss TrendsRisk Managers

How your large business clients can manage cyber risks they can’t see

June 14, 2022 by David Gambrill

In 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

Broker negotiating a contract with a client
News BrokersClaimsLiabilityTrusted Advisor

How broker E&O tracked during the pandemic

June 14, 2022 by Jason Contant

Broker 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

News ClaimsInsurersLegalLiabilityOntario

Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage

June 9, 2022 by David Gambrill

Whether 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,

Aerial view of semi-trucks on a highway
News Commercial AutoInsurersLiabilityNova Scotia

Facility’s new approach to prevent truckers from “gaming the system”

June 6, 2022 by David Gambrill

Nova 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

Gas valve on the pipe between the receivers.
News ClaimsCommercialEnvironmentalInsurersLegalLiability

Insurer must defend negligence case, despite pollution exclusion

June 3, 2022 by David Gambrill

Canada’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