A coverage dispute lawsuit filed in Ontario mistakenly alleges that TD General Insurance writes business interruption coverage, the insurer says. A proposed Ontario class action filed July 6 alleges TD and dozens of other insurers are in breach of contract…
Lerners LLP has filed a proposed $150-million class-action lawsuit against Aviva Canada on behalf of hotels across the country, claiming that the hotels are entitled to coverage for loss of business income relating to COVID-19. “We know these are challenging…
More than a dozen Canadian property & casualty insurers, including the largest in the nation, are named in a new proposed class-action lawsuit over business interruption coverage during the COVID-19 pandemic. The notice of action was filed July 6 with…
The question of whether non-essential businesses that closed during the pandemic are entitled to claim insurance – specifically, for cover arising as a direct result of an outbreak of contagious or infectious disease within 25 kilometres that is required by…
Class actions asserting pandemic BI insurance coverage are starting to mount in the ‘In’ baskets of Canada’s insurance defence bar. Most recently, Koskie Minsky announced July 6 that it will be one of two firms (the other being Merchant Law)…
A commercial insurer could end up paying for losses that the carrier never intended to cover if a business interruption insurance policy covers government orders or advice to shut down a workplace without clearly excluding something like a widespread pandemic,…
The outcome of an ongoing British test case for business interruption during a pandemic could set a precedent for commercial coverage disputes in Canada, a Toronto-based insurance defence lawyer suggests. Britain’s Financial Conduct Authority (FCA) is scheduled to file a…
Commercial insurers who deny business interruption claims during COVID-19 could be sued by clients whose legal fees come from third-party litigation funding providers, an industry watcher suggests. “One thing that is happening now is a lot of insurance companies are…
A Laval area restaurant that says it has lost more than $700,000 in two months as a result of the pandemic is not taking no for an answer from the insurer, who says business interruption coverage does not apply because…
If a client temporarily closes his business because of a provincial order arising from COVID-19, does its business interruption kick in if the policy covers “damage caused by order of civil authority to retard or prevent a conflagration or other…
Fewer than 1% of the commercial property policies that Intact Financial Corp. writes should incur business interruption claims from the coronavirus pandemic, company officials suggested Wednesday. But the insurer has set aside more than $80 million to account for possible…
If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I…