Keyword
contract
How Lloyd’s broke the bottleneck for Canadian MGAs
October 21, 2022 by Jason ContantEditor’s Note: This article has been revised to clarify the rules around continuous binding authorities emanating from Lloyd’s. Managing general agents (MGAs) with a binding authority contract from Lloyd’s — and where the capacity under the contract is provided…
The lesson for risk managers in this breach-of-contract lawsuit
February 17, 2021 by Greg MeckbachA 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…
How clients can avoid pitfalls when dealing with ‘additional insured’ contracts
December 14, 2020 by Greg MeckbachAgreements 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…
‘The most litigated insurance concept’
December 6, 2020 Greg Meckbach, Associate EditorA 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
Cancelled contracts in the COVID age: A tribunal weighs in on a wedding, interrupted
October 14, 2020 by David GambrillA 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…
Rules for appealing contract disputes continue to dog courts
January 7, 2018 by Greg MeckbachA 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…
Judicial determination on interpretation of property Cat XOL with reinsurers sought
July 18, 2017 by Angela StelmakowichAlberta 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…
Alberta Motor Association takes legal action to recover money from reinsurance companies providing Fort McMurray wildfire coverage
July 13, 2017 by Canadian UnderwriterThe 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…
Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room
May 18, 2017 by Canadian UnderwriterA 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…
Non-approved Ontario auto forms do not always render insurance contracts void: Court of Appeal
May 10, 2017 by Canadian UnderwriterIf 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…
Italy prepares for reconstruction, starts post quake probe
September 2, 2016 Nicole Winfield - THE ASSOCIATED PRESSROME – 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…
Quebec farm income stabilization program not a contract of insurance: Supreme Court of Canada
August 10, 2016 by Canadian UnderwriterQuebec’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…