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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 Legal

Provincial appeal court rulings guide employers wanting to limit entitlements following termination without cause: Lawyer

March 16, 2017 by Canadian Underwriter

Two recent appeal court rulings “highlight the importance of having clearly worded provisions in employment agreements” when employers want to limit the entitlements of workers who are dismissed without case, a lawyer wrote on a recent blog post. “Frequently, employment

News AppointmentsInsuranceLegislation / RegulationProfessional Development

Court appoints committees to represent Economical mutual and non-mutual policyholders

February 24, 2017 by Canadian Underwriter

An Ontario court has appointed two committees to negotiate the allocation of benefits from a demutualization of Economical Insurance, the Waterloo, Ont.-based insurance carrier announced Friday. No federally regulated P&C insurers have demutualized yet. Canada did not have regulations allowing

Feature InsuranceLegalMergers and Aqcuisitions

Parents Know Best?

December 1, 2016 Peter Vlaar, Associate Lawyer; David Olevson, Associate Lawyer; and Sabrina Lucibello, Partner, McCague Borlack LLP

Canada has no authoritative legal decision on parental waivers, which has created uncertainty over whether or not a properly drafted and duly executed waiver will serve as a complete bar to a claim. A New Brunswick case offers alternatives that might be employed until that gap in the law is filled, but businesses and insurers alike must factor into their liability risk analysis that parental waivers are unlikely to be enforceable.

News InsuranceLegalMergers and Aqcuisitions

Ontario township not liable for under-insured taxi: Court

July 6, 2016 by Canadian Underwriter

The Court of Appeal for Ontario recently ruled against State Farm Mutual Automobile Insurance Company when it found that a municipality that fails to enforce a bylaw stipulating taxi insurance does not owe a duty of care to parties injured

Feature Claims CanadaInsuranceLegal

Monk v. Farmers’ Mutual Insurance Co. (Lindsay): Further Lessons in Policy Language and Interpretation

May 18, 2016 Michael S. Teitelbaum, partner; and Ashley Peacock, associate Hughes Amys

Introduction In Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2015] ONCA 911, the Court of Appeal reversed the motion judge’s decision1 that the “faulty workmanship” exclusion applied to both direct and indirect damages. The Court ruled that the motion judge’s