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liability


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Ontario government pushes for limits on waivers of liability

April 9, 2018 by Greg Meckbach

Waivers intended to reduce liability risk for sports and recreation companies should not protect those companies from lawsuits under the Consumer Protection Act, the Ontario government contends. In a ruling released March 28, the Court of Appeal for Ontario overturned

Feature ClaimsLegislation / RegulationTechnology

Up in the Air

April 8, 2018 Sean Tindale, Lawyer, Partner, Hughes Amys LLP

Your client’s liability for negligent drone use is a gray area. Here’s what insurers should consider when assessing the civil liability of drone operators.

News InsuranceLegal

Legal victory for insurers, as appeal court upholds waivers

April 7, 2018 by Greg Meckbach

A recent Court of Appeal for Ontario ruling is “great news” for insurers of sports and recreations clients, such as ski resorts, paintball, and dirt biking, a lawyer told Canadian Underwriter Thursday. In a decision released March 28, the court

News InsuranceLegislation / Regulation

If a truck falls on a mechanic, is that “use” of motor vehicle?

March 27, 2018 by Greg Meckbach

If a mechanic is injured while repairing a truck, does that constitute the “use” of a motor vehicle? The question may be headed to the Supreme Court of Canada. At stake is whether commercial clients may in fact need liability

News InsuranceMarkets / Coverages

How landlords can help you sell tenant insurance

March 26, 2018 by Greg Meckbach

Some landlords are refusing to rent residences to people who do not have tenant’s insurance and some are even trying to use lack of insurance as grounds to evict tenants. “A lot of landlords in this day and age are

News InsuranceLegal

Your client is house-sitting when a pipe bursts on their watch. Are they liable for damages?

March 22, 2018 by Greg Meckbach

Is your client looking after someone’s home? Be careful: a man describing himself as a “voluntary house-sitter” is now a defendant in a lawsuit arising from a flooded home. The plaintiffs, Jiang Wei and Xiu Qing Hu, filed a lawsuit

News InsuranceLegislation / Regulation

Workplace injury could be covered by CGL policy, triggering insurer’s duty to defend: Court

March 19, 2018 by Greg Meckbach

Intact has a duty to defend a lawsuit arising from a workplace injury under a commercial general liability policy, the Alberta Court of Appeal ruled. Normally workplace injuries are covered under no-fault provincial workers compensation programs rather than by property

News ClaimsLegal

Workplace harassment policies should include non-employees, risk manager says

February 14, 2018 Greg Meckbach, Associate Editor

Managing liability risk includes making workplaces free from harassment for not only employees, but also for non-employees, advises Darius Delon, an independent risk consultant based in Calgary. Lawsuits arising from harassment are one major emerging area of risk, said Delon,

News ClaimsInsuranceLegalLegislation / RegulationTechnology

Will current auto liability regime apply to driverless cars?

February 7, 2018 Greg Meckbach, Associate Editor

Insurance and traffic laws probably need to change when motorists start sharing the road with driverless cars, a speaker told claims specialists Tuesday. There are now vehicles on the roads with limited self-driving capabilities (as opposed to having no steering

News ClaimsInsuranceLegalMarkets / Coverages

Contractor immune from liability in botched demolition of burning building

February 7, 2018 by David Gambrill

A trucking and excavation company in Nova Scotia is immune from tort liability because it was acting under orders from the local fire department in a botched attempt to demolish a burning building, a Nova Scotia court has ruled. The

News ClaimsInsuranceLegal

Two minor fender benders lead to $362,000 award for future care

February 6, 2018 by David Gambrill

A B.C. woman has received a court award for $362,102 in damages after developing a debilitating neck pain following two minor fender benders that occurred three years apart. Even though the court reduced the award from what the injured driver

News InsuranceLegal

Why brokers should ask clients about their human resource departments

January 30, 2018 Greg Meckbach, Associate Editor

By asking if a business client has a human resources department, a broker can quickly find out about that client’s liability exposure. If a client’s business has an HR person or a legal advisor, that “tends to really decrease liability