What could happen to your jury notice under rules of simplified procedure during COVID
March 18, 2021 by David GambrillIf an insurer consents to defend a client’s auto liability claim under an Ontario court’s rules of simplified procedure, then that client could lose their option for a jury trial — especially when the pandemic causes delays in forming a…
The liability of long-term care facilities: COVID-19’s projected impact
April 24, 2020 by Greg MeckbachThe COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,…
Pollution exclusion means no coverage for this dry cleaner defendant
January 16, 2020 by Greg MeckbachA British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot…
Court sides with insurer in disputed marine cargo claim
September 4, 2019 by Greg MeckbachA large Canadian manufacturing multinational has lost a legal battle, although not necessarily the war, with Chubb Insurance Company of Canada over a marine coverage dispute. It started in 2013 when Cambridge, Ont.-based ATS Automation Tooling Systems Inc. sold machinery…
How slip-and-fall lawsuit rules could change in Ontario
July 10, 2019 by Greg MeckbachDefending personal injury claims arising from slips and falls on ice could become easier for your Ontario clients this winter, based on a proposed change to the province’s deadline for serving notice about starting such lawsuits. In Ontario, plaintiffs wanting…
Why Canadian caps on pain and suffering awards could face court challenge
June 27, 2019 by Greg MeckbachLegislated limits on pain and suffering awards, which are meant to manage liability insurance costs, could conceivably be challenged in court, a Canadian personal injury lawyer suggests. South of the border, the Kansas Supreme Court recently held that a state…