Keyword
liability
Recurring back pain and auto liability: how this court applied the two-year limit
March 12, 2019 by David GambrillIf an injured cyclist in an auto liability action declares feeling better after treatment, takes a year off work, and then feels debilitating back pain after returning to work three years after the accident, does the two-year statute of limitations…
What hard market in liquor liability means for clients
March 11, 2019 by Greg MeckbachClients planning St. Patrick’s Day celebrations may find themselves short on luck when it comes to insurance coverage. It’s becoming more difficult for clients to get insurance for liquor-related losses with the terms they need, one managing general agent observes.…
Top court won’t hear appeal of controversial waiver decision
February 7, 2019 by Greg MeckbachA 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,…
Don’t give up on commercial waivers
January 29, 2019 by Jason ContantProperly constructed and worded waivers will be upheld in court, with one commercial and insurance lawyer strongly recommending their continued use. “There are policies and procedures and ways to draft agreements where I promise you the waivers will be upheld,”…
Insurers disagree over meaning of ‘household’ in policy language
January 29, 2019 by Greg MeckbachA dispute over what exactly constitutes a “household” in a home insurance policy has reached the Court of Appeal for Ontario. Several members of the Weiner family were sued after a person drowned in 2010 in a vacation home on…
How your commercial clients are exposed to pot liability even if they don’t produce cannabis
January 25, 2019 by Greg MeckbachMarijuana poses a liability risk for commercial clients even if they are not in the cannabis business, an insurance lawyer suggests. Suppose your client operates a hotel where a party takes place. If someone smokes cannabis at that party, drives,…
How mixing marijuana and alcohol may lead to more settlements
January 18, 2019 by Jason ContantWith recreational marijuana legal in Canada since Oct. 17, 2018, social hosts and bars will need to pay attention to liability arising from people who are intoxicated by both marijuana and alcohol. Traditional liquor liability cases can be complicated enough…
Can’t hear the ambulance? Turn down your radio
January 17, 2019 by David GambrillA B.C. driver has failed in his bid to receive a refund for his insurance premium increase and deductible after B.C.’s public auto insurer found him 100% responsible for failing to clear an intersection for an ambulance. A B.C. ambulance…
This commercial line could see $24 million revenue increase
December 12, 2018 by Greg MeckbachFederal regulations requiring liability insurance for boats that carry passengers take effect Jan. 11, Transport Minister Marc Garneau announced Wednesday. It is estimated the industry will make $24.8 million more, over 10 years, than it otherwise would have, the federal…
Time to increase auto liability coverage: Lawyer
December 5, 2018 by Greg MeckbachOntario’s new government should require motorists to buy more liability coverage than is currently mandatory, a lawyer who represents claimants says. “I think everyone in the insurance industry would agree that $200,000 is far too low,” Joseph Campisi of Vaughan-based…
Why this commercial line is unprofitable
November 27, 2018 by Greg MeckbachCommercial brokers could see fewer carriers offering directors and officers (D&O) liability in the future. That’s because “market consolidation is something that you might see on the carrier side,” said Ian Fraser, assistant vice president of technology, cyber and professional…
Why speed bumps can be a double-edged sword
November 2, 2018 by Greg MeckbachPutting speed bumps on private laneways might help commercial clients manage traffic risk, but they need to paint those bumps properly to reduce liability risk. Madison Properties Inc. owns a shopping plaza in Toronto. Maria Pia Cannito tripped and fell…