Keyword
exclusion
‘Vacancy’ confusion in a home insurance policy: what the court said
November 29, 2023 by David GambrillA Nova Scotia court awarded more than $225,000 against a home insurer after its telephone agent placed coverage for a couple’s newly purchased house, when in fact it was unclear if the property was vacant, thus triggering a policy exclusion…
Insurer successfully defends flood exclusion in water damage endorsement
April 21, 2023 by David GambrillA Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…
How wedding insurance will adapt to a post-pandemic world
October 6, 2021 Brooke SmithWedding revenues dropped by almost 40% drop in Ontario last year, according to HelloSafe.ca, due largely to the COVID-19 pandemic. Wedding insurance, as a result, was also affected. Pre-pandemic, Front Row Insurance Brokers was receiving about 200 orders a month…
Will more Canadian insurers introduce COVID-inspired D&O exclusions?
April 21, 2020 by Jason ContantThe Canadian insurance industry will struggle with adding exclusions related to COVID-19 in directors and officers (D&O) policies, “particularly in light of the fear that adding them now will suggest past policies did not exclude these issues,” a Toronto lawyer…
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…
Court upholds fake gun exclusion, but not because they are illegal
December 18, 2017 Greg Meckbach, Associate EditorAn Alberta judge has taken a dim view of a mutual insurer’s argument that fake guns made of plastic with bright plugs in the barrels are actually replicas prohibited by federal law and therefore excluded from contents coverage under a…
Are you covered for giant boulder damage? Not if the Earth moves…
December 7, 2017 by Canadian UnderwriterResidents in certain parts of British Columbia may be used to evacuations from wildfires, but how about evacuations due to giant boulders? The Canadian Press reported earlier this week that eight properties in the province’s Fraser Valley, including five homes,…
Tenant’s insurer not liable for subrogated home fire claim arising from vehicle repair
August 18, 2017 by Canadian UnderwriterA subrogated fire claim – arising from a tenant repairing his vehicle at home – is excluded from the tenant’s home policy because the fire arose from “use” of a motor vehicle, an Ontario court recently ruled. In June, 2007,…
How legalizing pot will affect your insurance policies
June 5, 2017 Jason Contant, Online EditorThe impending legalization of marijuana in Canada raises a number of legal issues related to property insurance policies, Michael Teitelbaum, a partner with Hughes Amys LLP, said last week at ARC Group Canada’s 2017 annual seminar and cocktail event. In…
Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court
April 24, 2017 by Canadian UnderwriterAn exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme Court of British Columbia judge…
‘Work performed’ exclusion in builder’s liability policy does not apply in allegations of consequential damage: Court of Appeal for Ontario
November 9, 2016 by Canadian UnderwriterA “work performed” exclusion in a commercial general liability policy for a building contractor does not apply if a lawsuit against a contractor alleges consequential damage, the Court of Appeal for Ontario suggested in a ruling released Tuesday. Parkhill Excavating…