Keyword
Legal
Sewer back-up or overland flood? Is a sun deck “within” a dwelling?
June 17, 2022 by David GambrillA sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the outdoors, B.C.’s Supreme Court has ruled. In Gill v Wawanesa Mutual…
Car owner vicariously liable for crash despite reporting her vehicle stolen
May 13, 2022 by David GambrillA car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the…
Sexual harassment: Grounds for dismissal, but not for denying severance
April 27, 2022 by David GambrillSlapping a woman on the buttocks in the workplace may be grounds for dismissal, but the threshold for terminating severance as a result of sexual harassment requires ‘wilful misconduct,’ the Ontario Court of Appeal has ruled. In essence, if the…
Fort Mac bowling alley covered for water damage despite flood exclusion
March 1, 2022 by David GambrillA Fort McMurray, Alta., bowling alley is entitled to coverage for water damage sustained in the April 2020 flooding, despite its insurance policy containing a clear flood exclusion. The Alberta Court of Queen’s Bench found Intact included a coverage extension…
Court sides with insurer in $2.5-million professional liability case
February 28, 2022 by David GambrillTwo creditor firms seeking to access insurance policy proceeds in a $2.5-million trust fund misappropriation case against a lawyer lost their bid to interpret the $500,000 sublimit as applying to each of their claims, instead of being an aggregate policy…
Insurers lose privilege bid after mill’s internal explosion investigation
February 11, 2022 by David GambrillSix insurance companies and a pulp and paper manufacturing company, Fortress Specialty Cellulose, have lost their bid to have a PowerPoint presentation about the cause of a commercial explosion protected under litigation privilege. In rejecting their argument, the Superior Court…
Intact wins the battle, but loses the war, in Alberta wildfire claim
April 7, 2021 by David GambrillIntact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…
Strata unit owner loses $5,000 claim after mice chew through dishwasher line
March 24, 2021 by David GambrillIn the case of a flood caused by a mice infestation, a B.C. strata unit owner was not allowed to recover her $500 insurance deductible or $273 premium increase from the strata corporation despite having warned the strata corporation about…
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…
Opinion: Why the industry is wrong about litigation funding
November 12, 2020 Paul Rand, Omni BridgewayLitigation funding provides companies and individuals with an important strategic tool. But a few leaders in the insurance industry warn us to “watch out” for litigation funding. They claim it could “significantly raise insurers’ costs.” Good news: They’re wrong. Writer…
A province’s second effort to limit auto trial experts is enacted into law
July 13, 2020 by David GambrillStymied by a B.C. Supreme Court ruling last year in Crowder v. British Columbia (Attorney General), B.C.’s attorney general is attempting once again to change court rules to limit expert evidence in vehicle court actions – a move that is…
How an insurer in an “underinsured” auto case reduced its exposure by more than $452K
July 7, 2020 by David GambrillAn Ontario auto insurer in an underinsured accident case is entitled to make a subrogated claim against a third party – in this case, a bartender who was found 11% responsible for a fatal car crash — even though its…