Canadian Underwriter

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Brokers: Is your client’s dog “friendly?”

September 25, 2023 by David Gambrill

When two dog owners pass each other while walking their dogs, it is common to hear one ask of the other’s dog, “Friendly?” Perhaps that’s what personal lines home insurance brokers should be asking their dog-owning clients, since lawsuits against

Non-compete agreement
News BrokersClaimsInsuranceLegal

Court draws distinction between a brokerage and a consultant

September 19, 2023 by David Gambrill

Citing the lack of a non-compete agreement, as well as the difference between insurance consulting services and those of a traditional insurance brokerage, the Ontario Superior Court declined to order an injunction that would stop two First Nations land claims

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News BrokersClaimsInsuranceLegal

Why you shouldn’t negotiate insurance contracts with emojis

July 28, 2023 by David Gambrill

Brokers and underwriters would be wise to avoid the use of emojis when negotiating insurance contracts, based on a recent ruling in Saskatchewan. Back in 2019, an Israeli judge found the use of a smiling emoji, a dancing emoji, and

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News ClaimsInsuranceLegal

Trial to decide insurer’s duty to defend in seniors lodge explosion

July 24, 2023 by David Gambrill

It’s going to take a trial to decide whether or not Co-operators General Insurance Company owes a duty to defend in a complicated legal case concerning a 2015 gas explosion that happened on a construction site at the Bow River

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News BrokersClaimsInsuranceLegal

Brokers, not insurers, advise clients of valuation changes

June 29, 2023 by David Gambrill

An insurer does not displace the role of the broker if the insurer conducts its own independent replacement cost valuation (RCV) and comes up with a different number than the broker submits, the Ontario Superior Court confirmed Tuesday. It remains

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News ClaimsCommercial LinesInsuranceLegal

Court result suggests confusion about MGAs and insurers

June 23, 2023 by David Gambrill

Managing general agent (MGA) Can-Sure Underwriting failed to quash a motion to correct a misnomer in a flood damage claim, arguing the claimant incorrectly identified the MGA as an insurer. Ontario’s Superior Court also rejected Can-Sure’s argument that the claimant,

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News ClaimsInsuranceLegal

Gore loses priority case in fatal snowmobile crash

June 22, 2023 by David Gambrill

Gore Mutual has lost its appeal of a priority decision in an accident benefits case related to the fatal crash of two snowmobiles, one covered by insurance, the other uninsured. Ontario’s Appeal Court ruling means Gore Mutual – and not

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News BrokersClaimsCommercial LinesInsuranceLegal

Did the court jump the gun on allowing a negligence claim against a brokerage?

June 16, 2023 by David Gambrill

A brokerage has been added as a defendant in a sideline negligence claim, even though the central legal action for breach of contract involving two other parties (including a defendant reinsurer) has yet to be decided. Ontario’s Superior Court applied

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News ClaimsClimate ChangeInsuranceLegalLegislation / Regulation

Top court rejects Travelers appeal in dirt bike accident benefits case

June 15, 2023 by David Gambrill

It’s the end of the line for Travelers’ appeal of an accident benefits case involving a dirt bike driven in a closed course competition. The Supreme Court of Canada rejected the insurer’s leave to appeal Thursday. This means a dirt

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News ClaimsCommercial LinesLegal

Insurer loses $255,000 subrogation claim over modified excavator

June 9, 2023 by David Gambrill

AIG Insurance Company lost a $255,275 subrogation claim Tuesday on behalf of its insured, a forest management and logging company, because the insured could not prove a fire to an excavator it bought from Volvo didn’t start because of an

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News ClaimsInsuranceLegalLegislation / Regulation

Man injured in a crash while sleeping in a stolen truck is covered

May 31, 2023 by David Gambrill

A man sleeping in the back of a pickup truck when it was stolen by an uninsured driver and involved in a serious crash is entitled to auto insurance coverage, the Court of Appeal for Ontario has ruled. The Appeal

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News CatastrophesClaimsInsuranceLegal

‘Minor injuries’ don’t exist if they fall outside the Minor Injury Guideline

May 17, 2023 by David Gambrill

An auto injury falling outside of Ontario’s $3,500 Minor Injury Guideline (MIG) cap is no longer a ‘minor injury’ for the purpose of imposing funding limits on certain medical goods and services, Ontario License Appeal Tribunal (LAT) has ruled. “There