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business interruption

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Why Intact is named in lawsuit over COVID business interruption coverage

July 10, 2020 by Greg Meckbach

More than a dozen Canadian property & casualty insurers, including the largest in the nation, are named in a new proposed class-action lawsuit over business interruption coverage during the COVID-19 pandemic. The notice of action was filed July 6 with

News Insurance

The Aviva contagious disease policy wording at issue in class action BI coverage dispute

July 8, 2020 by Greg Meckbach

The question of whether non-essential businesses that closed during the pandemic are entitled to claim insurance – specifically, for cover arising as a direct result of an outbreak of contagious or infectious disease within 25 kilometres that is required by

News Insurance

More class actions headed to court over pandemic business interruption

July 7, 2020 by Greg Meckbach

Class actions asserting pandemic BI insurance coverage are starting to mount in the ‘In’ baskets of Canada’s insurance defence bar. Most recently, Koskie Minsky announced July 6 that it will be one of two firms (the other being Merchant Law)

News InsuranceLegal

When courts might rule against insurers in business interruption coverage disputes

June 11, 2020 by Greg Meckbach

A commercial insurer could end up paying for losses that the carrier never intended to cover if a business interruption insurance policy covers government orders or advice to shut down a workplace without clearly excluding something like a widespread pandemic,

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The ‘massive’ business interruption coverage question with no ‘obvious answer’

June 8, 2020 by Greg Meckbach

The outcome of an ongoing British test case for business interruption during a pandemic could set a precedent for commercial coverage disputes in Canada, a Toronto-based insurance defence lawyer suggests. Britain’s Financial Conduct Authority (FCA) is scheduled to file a

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Editor’s Note: Underwriting for the next pandemic

June 5, 2020 by David Gambrill

The social and economic impact of the novel coronavirus pandemic in 2020 is truly horrifying, saddening, and staggering. Many of us have lost loved ones, or know people who are out of work because of the potentially lethal virus moving

News ClaimsInsuranceLegal

A new trend for BI coverage dispute lawsuits

May 28, 2020 by Greg Meckbach

Commercial insurers who deny business interruption claims during COVID-19 could be sued by clients whose legal fees come from third-party litigation funding providers, an industry watcher suggests. “One thing that is happening now is a lot of insurance companies are

News ClaimsClaims CanadaInsuranceLegal

The three pandemic BI exclusions at the centre of a class action lawsuit

May 22, 2020 by Greg Meckbach

A Laval area restaurant that says it has lost more than $700,000 in two months as a result of the  pandemic is not taking no for an answer from the insurer, who says business interruption coverage does not apply because

News BrokersCommercial LinesInsuranceRisk

‘BI coverage’ misnomer puts the P&C industry behind the 8-ball: U.S. expert

May 14, 2020 by Adam Malik

The insurance industry set itself up for a public relations disaster when it comes to business interruption claims, and it should be prepared to be called out more often on the name given to the coverage, says one risk researcher.

News ClaimsInsuranceLegal

COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other

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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I

News ClaimsClaims CanadaInsuranceLegal

BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance