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liability


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How liability coverage limits determined what this bar owed in commercial host lawsuit

May 25, 2020 by Greg Meckbach

A bar found 20% liable for an impaired driving accident has to pay two-thirds of the plaintiff’s legal costs and wound up paying double for damages what the at-fault motorist paid. Hummel v. Jantzi, released May 14 by the Ontario

News Insurance

Opinion: The dangers around the pandemic of litigation

May 4, 2020 Philip Cook, Chairman, Omega Insurance Holdings Inc.

As we optimistically look forward to at least the beginning of the end of the COVID-19 virus, our industry should start to prepare for the “pandemic of litigation” that will undoubtedly follow. Our property and business interruption policies will be

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Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a

News InsuranceMarkets / Coverages

The opportunity insurers are missing as COVID-19 cancels events

April 24, 2020 by Jason Contant

As large sporting and entertainment events get cancelled across Canada and the world as a result of COVID-19, the insurance implications affect not only event organizers themselves, but also promotional partners, licensees and businesses involved in merchandising. While event organizers

News ClaimsClaims CanadaInsuranceLegal

The liability of long-term care facilities: COVID-19’s projected impact

April 24, 2020 by Greg Meckbach

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,

News ClaimsClaims CanadaInsurance

Liability claims that could arise from the pandemic

April 22, 2020 by Greg Meckbach

One result of the ongoing COVID-19 pandemic will be liability claims against company boards, property and casualty industry watchers predict. “I think we will see litigation coming out of this,” Shara Roy, a partner with law firm Lenczner Slaght Royce

News Commercial LinesInsuranceLegal

Will more Canadian insurers introduce COVID-inspired D&O exclusions?

April 21, 2020 by Jason Contant

The 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

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Coronavirus triage protocols: Hard choices over ventilator shortages shouldn’t put doctors at legal risk

April 14, 2020 Jocelyn Downie, James Palmer Chair in Public Policy and Law, University Research Professor, Dalhousie University - THE CANADIAN PRESS

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. Author: Jocelyn Downie, James Palmer Chair in Public Policy and Law,

News Claims CanadaInsuranceLegislation / Regulation

This type of claim should dry up in Ontario with COVID-19

March 27, 2020 by Greg Meckbach

With the Ontario government ordering the closure of bars and nightclubs, this should eliminate – temporarily – one category of commercial liability claim. “I don’t think claims will be launched against commercial hosts at this time,” said Mouna Hanna, an

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Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

News Legal

Why this religious organization wants to appeal sexual abuse lawsuit

March 5, 2020 by Greg Meckbach

A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a

News Climate ChangeInsuranceRisk

Considering your climate risks? The solvency regulator is, too…

March 3, 2020 by David Gambrill

Climate change risk is very much on the radar of Canada’s solvency regulator. In a mid-February speech to the 17th Annual Review of Insolvency Law (ARIL) Conference in Vancouver, B.C., Jeremy Rudin, Canada’s superintendent of financial institutions, outlined three climate-related