Canadian Underwriter

Topic Liability

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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
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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

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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

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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

News Commercial AutoEmerging RisksLegalLiabilityPersonal Auto

Why ridesharing makes motor vehicle accident claims more complex

June 21, 2021 by Greg Meckbach

Inspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of

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Why liability insurance did not cover the defence of a remediation order

June 18, 2021 by Greg Meckbach

An eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question

Tailings pond dam breaks spilling content into river
News B.C.ClaimsCommercialEnvironmentalLiabilityProperty

Updated tailings code after Mount Polley disaster an improvement: B.C. mines auditor

June 18, 2021 by The Canadian Press

VICTORIA – A new report says changes to British Columbia’s requirements for tailings storage after the Mount Polley disaster have generally improved the management of mining waste. The mines chief auditor found many of the revisions made in 2016 to

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Staff vaccine status discussions, disclosures pose challenges for businesses

June 17, 2021 by Danielle Edwards - THE CANADIAN PRESS

HALIFAX – Cynthia Fernandez said her personal sense of responsibility for the safety of her clients led her to publicly disclose that her staff were vaccinated against COVID-19 earlier this spring. “I think a lot of people are nervous still