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The lesson for risk managers in this breach-of-contract lawsuit

February 17, 2021 by Greg Meckbach

A recent Supreme Court of Canada ruling in a breach-of-contract lawsuit means risk managers need to be careful about drafting agreements that give parties discretionary powers, a Toronto-based litigation lawyer warns. Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage

News BrokersClaimsClaims CanadaInsuranceLegal

How clients can avoid pitfalls when dealing with ‘additional insured’ contracts

December 14, 2020 by Greg Meckbach

Agreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance

Feature ClaimsClaims CanadaCommercial LinesLegalRisk

‘The most litigated insurance concept’

December 6, 2020 Greg Meckbach, Associate Editor

A lot of things can go wrong when a client agrees to add a counter-party to a contract as an additional insured. Here’s what your clients can do to reduce the risk of a nasty coverage dispute

News Insurance

Cancelled contracts in the COVID age: A tribunal weighs in on a wedding, interrupted

October 14, 2020 by David Gambrill

A public health emergency such as a pandemic may be an unforeseen “act of God,” but that doesn’t necessarily mean it will make it illegal or impossible for a business to fulfill the terms of a commercial contract with a

News InsuranceLegal

Rules for appealing contract disputes continue to dog courts

January 7, 2018 by Greg Meckbach

A recent Alberta court decision arising from a fatal vehicle accident shows disagreement among legal experts over how to apply the Supreme Court of Canada’s 2016 Ledcor ruling. A divided Alberta Court of Appeal ruling in EnCana Oil & Gas

News AssociationsCatastrophesClimate ChangeInsuranceLegalReinsurance

Judicial determination on interpretation of property Cat XOL with reinsurers sought

July 18, 2017 by Angela Stelmakowich

Alberta Motor Association Insurance Company is looking to divide the loss arising out of the Fort McMurray wildfire, which exceeded a duration of 168 hours, into six multiple loss occurrences in line with its reading of its property catastrophe excess

News AssociationsCatastrophesInsuranceLegalMarkets / CoveragesMergers and AqcuisitionsReinsurance

Alberta Motor Association takes legal action to recover money from reinsurance companies providing Fort McMurray wildfire coverage

July 13, 2017 by Canadian Underwriter

The Alberta Motor Association Insurance Company (AMA) has announced that it has filed a statement of claim with the Court of Queen’s Bench of Alberta to take “legal action to recover money owed to it by a number of companies

News InsuranceLegalMarkets / CoveragesMergers and Aqcuisitions

Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room

May 18, 2017 by Canadian Underwriter

A lawsuit against a Mexican vacation resort – arising from a tourist alleged to have accidentally ingested cleaning product stored in a water bottle in a mini bar fridge – can proceed in Alberta, as a result of a ruling

News InsuranceLegalMarkets / CoveragesMergers and Aqcuisitions

Non-approved Ontario auto forms do not always render insurance contracts void: Court of Appeal

May 10, 2017 by Canadian Underwriter

If an Ontario auto insurer uses a form that is not approved by the province’s Superintendent of Financial Services, this does not necessarily render the contract of insurance void, the province’s appeal court suggested in a ruling released Wednesday. On

News CatastrophesConstructionInsuranceMarkets / Coverages

Italy prepares for reconstruction, starts post quake probe

September 2, 2016 Nicole Winfield - THE ASSOCIATED PRESS

ROME – Italy began looking to the future Wednesday a week after an earthquake flattened three towns, with Premier Matteo Renzi tapping a reconstruction czar to oversee the rebuilding and investigators acquiring the first documentation into the construction blamed for

News InsuranceLegalMergers and Aqcuisitions

Quebec farm income stabilization program not a contract of insurance: Supreme Court of Canada

August 10, 2016 by Canadian Underwriter

Quebec’s Farm Income Stabilization Insurance, which protects producers against market and production cost fluctuations, is not actually a contract of insurance under the province’s Civil Code, the Supreme Court of Canada has ruled. Canada’s highest court released July 29 two