Keyword
CGL
Trial to decide insurer’s duty to defend in seniors lodge explosion
July 24, 2023 by David GambrillIt’s going to take a trial to decide whether or not Co-operators General Insurance Company owes a duty to defend in a complicated legal case concerning a 2015 gas explosion that happened on a construction site at the Bow River…
Promise to insure trumps cross-indemnification, court rules
September 8, 2022 by David GambrillIn a commercial hull and machinery insurance policy containing cross-indemnities, a promise to insure by one party trumps the indemnity by the other unless the contract clearly states otherwise, B.C.’s Supreme Court has ruled in a case involving two separate…
Splitting costs when ‘other insured’ policy clauses don’t reconcile
July 15, 2022 by David GambrillWhen two insurers offer coverage for the same loss, and each policy states the coverage is in excess of ‘other insurance’ available, both insurers can be expected to split the cost for the insured’s defence and settlement costs, Ontario’s top…
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…
OSFI results: The good, the bad, and the ugly for Canada’s P&C industry
March 25, 2021 by David GambrillCOVID-19 last year might have been the end of the world as we know it, to riff on a song by R.E.M., but Canada’s P&C insurance industry is doing fine — financially, at least. After a full year of the…
Co-operators has no duty to defend a “novel” data policy exclusion: Appeal court
March 19, 2021 by David GambrillThe Co-operators does not have a duty to defend a cyber liability case involving a “novel” policy exclusion for breached data being published over the internet, the Ontario Court for Appeal has ruled. Reversing the previous decision of a lower…
Why this solar energy developer was denied coverage under a CGL policy
November 6, 2019 by David GambrillEconomical Insurance recently won a case against a developer of solar energy projects that turned on the wording of an additional insured endorsement in a Commercial General Liability (CGL) policy. Economical ultimately convinced the Ontario Superior Court that insurance coverage…
Does CGL’s duty to defend apply to the insurance policy as a whole?
December 10, 2018 by Jason ContantAn insurer’s duty to defend under a provision in a commercial general liability (CGL) form is applicable to the insurance policy as a whole, the Court of Queen’s Bench of Alberta has ruled. In a decision released Friday, the court…
Workplace injury could be covered by CGL policy, triggering insurer’s duty to defend: Court
March 19, 2018 by Greg MeckbachIntact has a duty to defend a lawsuit arising from a workplace injury under a commercial general liability policy, the Alberta Court of Appeal ruled. Normally workplace injuries are covered under no-fault provincial workers compensation programs rather than by property…
3 tips for advising your clients about construction work
January 12, 2018 by Greg MeckbachBrokers advising property owners should bear in mind their clients may not be experts on construction and renovation, a managing general agency warns. Keeping this mind, brokers can guide clients through three processes when hiring contractors to do construction or…
Why your CGL pollution exclusion may not go far enough
January 4, 2018 by Canadian UnderwriterEven though they put pollution exclusions into their commercial general liability policies, two major insurers are still on the hook for defending a Vancouver area dry cleaner against a lawsuit arising from soil contamination, a court ruled last week. In…
CGL insurer has duty to defend third-party claim arising from workplace injury
October 19, 2017 by Canadian UnderwriterThere is a possibility that a third-party claim against a door installation company – whose subcontractor was injured on the job and was not covered by the Alberta Workers’ Compensation Board – falls under a commercial general liability policy, a…