Canadian Underwriter

Keyword
subrogation

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 ClaimsInsuranceLegal

Another way to wreck a condo: Water cooler leaks

February 18, 2020 by David Gambrill

Intact Insurance recently lost a subrogation case in B.C.’s small claims court because it couldn’t prove a cracked water bottle was the source of a water leak that caused $5,000 damage to the condo unit below. One moral of the

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Why this $3-million subrogated fire claim against corporate tenant failed

December 10, 2019 by Greg Meckbach

The British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released

News Insurance

This little piggie caused a $24-million subrogated claim

April 16, 2019 by Greg Meckbach

A $24.3-million lawsuit by an oil and gas company against a contractor over an accident that spilled 60 cubic metres of oil is one of Canada’s largest-ever subrogated claims, a lawyer for the plaintiff says. In ISH Energy Ltd v

News ClaimsInsuranceLegal

What stopped this $800,000 subrogated pollution claim

February 4, 2019 by Greg Meckbach

A subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan

News ClaimsConstructionInsuranceMarkets / Coverages

After leak causes $3-million damage to dream home, plumbing contractor loses bid to block insurer’s subrogation

July 19, 2018 by David Gambrill

A plumbing contractor facing a subrogation lawsuit from a homeowner’s insurer is not eligible for coverage under the homeowner’s purchased Residential Builders–All Risks [RBAR] insurance policy, an Ontario court has ruled. Joseph and Lidia Maio had their dream home built