Canadian Underwriter

Keyword
liability


News ClaimsInsuranceLegal

Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability

News ClaimsInsurance

Who knew that book readers could be at such risk?

April 2, 2019 by David Gambrill

A book lover who claimed to have sustained a concussion and a back injury while tripping over a pile of stacked books in a B.C. bookstore had his liability case dismissed for a lack of evidence. The insurer for the

News ClaimsInsuranceLegal

Recurring back pain and auto liability: how this court applied the two-year limit

March 12, 2019 by David Gambrill

If 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

News InsuranceMGAs

What hard market in liquor liability means for clients

March 11, 2019 by Greg Meckbach

Clients 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.

News ClaimsInsuranceLegal

Top court won’t hear appeal of controversial waiver decision

February 7, 2019 by Greg Meckbach

A 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,

News InsuranceLegal

Don’t give up on commercial waivers

January 29, 2019 by Jason Contant

Properly 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,”

News InsuranceLegal

Insurers disagree over meaning of ‘household’ in policy language

January 29, 2019 by Greg Meckbach

A 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

News LegalRisk

How your commercial clients are exposed to pot liability even if they don’t produce cannabis

January 25, 2019 by Greg Meckbach

Marijuana 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,

News AdjustersClaimsInsurance

How mixing marijuana and alcohol may lead to more settlements

January 18, 2019 by Jason Contant

With 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

News Insurance

Can’t hear the ambulance? Turn down your radio

January 17, 2019 by David Gambrill

A 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

News Legislation / RegulationRisk

This commercial line could see $24 million revenue increase

December 12, 2018 by Greg Meckbach

Federal 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

News ClaimsInsuranceLegislation / Regulation

Time to increase auto liability coverage: Lawyer

December 5, 2018 by Greg Meckbach

Ontario’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