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subrogation

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Lytton fire raises questions about possible subrogation

July 5, 2021 by David Gambrill

As the British Columbia Wildfire Service works with the RCMP to investigate the cause of a fire last week that burned down 90% of the village of Lytton, preliminary reports that the fire originated in the town — and not

News ClaimsClaims CanadaEngineeringInsuranceLegal

Home insurer goes after ventilation unit manufacturers in subrogated fire claim

March 10, 2021 by Greg Meckbach

A subrogated claim arising from a Hamilton area home fire is raising the question of which equipment manufacturer, if any, is liable. In 2013, a fire caused extensive damage to the Ancaster, Ont., home of Mary Arlene and Rudolf Dosen.

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Opinion: Why you should pursue subrogation more often

January 7, 2021 Wilfred Tioh, SIAdvisers Consulting & Solutions

The most lucrative opportunities are often hidden in plain sight, and that is true of subrogation. Subrogation has long been overlooked as an opportunity for insurers to generate a lucrative revenue stream and improve long-term business. A detailed investigation for first-party

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Can a strata lot owner launch a subrogated water claim on behalf of its insurer?

November 11, 2020 by David Gambrill

We’ve all heard about an insurer launching a subrogated claim on behalf of its insured, but how about an insured launching a subrogated claim on behalf of its insurer? B.C.’s Civil Resolution Tribunal, a type of small claims court, recently

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

News AdjustersClaimsClaims CanadaInsuranceLegal

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

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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

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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