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News AdjustersClaimsInsuranceLegal

Intact wins the battle, but loses the war, in Alberta wildfire claim

April 7, 2021 by David Gambrill

Intact 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

News ClaimsInsuranceLegal

Strata unit owner loses $5,000 claim after mice chew through dishwasher line

March 24, 2021 by David Gambrill

In 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

News ClaimsCommercial LinesInsuranceLegal

Co-operators has no duty to defend a “novel” data policy exclusion: Appeal court

March 19, 2021 by David Gambrill

The 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

News Insurance

Opinion: Why the industry is wrong about litigation funding

November 12, 2020 Paul Rand, Omni Bridgeway

Litigation 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

News ClaimsInsuranceLegal

A province’s second effort to limit auto trial experts is enacted into law

July 13, 2020 by David Gambrill

Stymied 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

News ClaimsInsuranceLegal

How an insurer in an “underinsured” auto case reduced its exposure by more than $452K

July 7, 2020 by David Gambrill

An 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

News AdjustersClaimsInsuranceLegalLegislation / Regulation

A provincial twist on the emergency suspension of limitation periods

June 4, 2020 by David Gambrill

While many Canadian courts continue to suspend two-year limitation periods for plaintiffs to file civil lawsuits against insurers and other defendants, Alberta’s clock has started running again as of June 1 – and for claims under the province’s Insurance Act,

News ClaimsInsurance

What the judge said when a trial lawyer accused an insurer of “playing hardball” with his elderly client

December 31, 2019 by David Gambrill

An elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario

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 Climate ChangeInsuranceMarkets / CoveragesMergers and AqcuisitionsTechnology

Canada’s energy, utilities sectors should beef up climate change competency: report

January 13, 2017 by Canadian Underwriter

Companies in Canada’s most carbon-intensive sectors are not demonstrating “climate competency” in the boardroom and should be doing so to address climate change issues, suggests a report this week by Shareholder Association for Research & Education (SHARE). “Investors are increasingly

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 InsuranceLegalLegislation / RegulationMergers and AqcuisitionsTechnology

Growing trend toward seeking punitive, personal legal action against corporate leaders: AGCS

November 28, 2016 by Canadian Underwriter

New and emerging risks are putting corporate leaders under more pressure of falling foul of investigations, fines or prosecution over alleged wrongdoing, notes a new global report issued Monday by Allianz Global Corporate & Specialty (AGCS). “There is a growing