Court sides with Atradius in $5.94-million credit insurance dispute
April 28, 2022 by David GambrillOntario’s Superior Court upheld a $100,000 sublimit in an Atradius credit insurance policy dispute, in which the receiver for the bankrupt Eagle Travel Plaza, BDO Canada, claimed the full policy limit of $5.94 million. Before it went bankrupt in 2019,…
Sexual harassment: Grounds for dismissal, but not for denying severance
April 27, 2022 by David GambrillSlapping a woman on the buttocks in the workplace may be grounds for dismissal, but the threshold for terminating severance as a result of sexual harassment requires ‘wilful misconduct,’ the Ontario Court of Appeal has ruled. In essence, if the…
Cabbie assaulted while chasing fare outside taxi is not involved in an “auto accident”
April 19, 2022 by David GambrillA taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The…
‘Professional activities’ exclusions: Why insurers must almost always defend
April 13, 2022 by David GambrillQuebec’s Superior Court notes an insurer will almost always have a duty to defend an insured in disputes over policy exclusions for “professional activities.” “A review of the case law dealing with exclusion for ‘professional activities’ reveals that, in almost…
How to lie to your auto insurer and not repay your benefits
April 11, 2022 by David GambrillA claimant who lied to TD Insurance about an acquaintance being present with her in a car crash so that her acquaintance could collect accident benefits does not have to repay her own benefits because of the misrepresentation, Ontario’s License…
Insurers winning court battles to enforce pandemic BI arbitration
April 4, 2022 by David GambrillQuebec insurers with arbitration clauses written into their business interruption policies are winning battles to have pandemic BI class action suits go through arbitration rather than through the courts. Both of law firm Clyde & Co.’s Top 2 cases of…
How Canada’s top court just bolstered pandemic BI exclusions
April 1, 2022 by David GambrillCanada’s top court has dismissed the appeal in a nuclear reactor case that trial lawyers might have used as a precedent to challenge the physical damage policy exclusions found in many pandemic-related business interruption insurance cases. As is customary, the…
Why this home insurer wasn’t allowed to use a replacement cost overpayment to set off a contents claim
March 17, 2022 by David GambrillA home insurer lost its bid to set off a contents claim using the difference between the Guaranteed Replacement Cost (GRC) and the depreciated value of a home that was rebuilt after a fire. The Ontario Superior Court allowed this…
Dangerous driving doesn’t necessarily trigger policy exclusion for intent to injure
March 14, 2022 by David GambrillA driver pleading guilty and spending nine months in jail on a charge of dangerous driving causing bodily harm does not necessarily prove he intended to cause the injuries, an Alberta court has found. In other words, an auto insurer…
Where insurers are at with Canadian pandemic BI litigation
March 9, 2022 by David GambrillCanadian courts are dealing with pandemic business interruption (BI) cases at a glacial pace compared to those in the U.K. and the United States, prompting some legal observers to call for judicial reform. “As the pandemic extends into its third…
A CEO is injured while jogging. Does his personal or commercial auto benefits apply?
March 8, 2022 by David GambrillA company CEO who has both personal and commercial auto insurance is not considered to be a “deemed insured” under the commercial auto policy if he has never before driven a company vehicle – even if he had access to…
Court upholds minor injury guideline on shoulder tears
March 7, 2022 by David GambrillPartial shoulder tears are “minor injuries” under Ontario’s Minor Injury Guidelines (MIG), which cap accident benefits for drivers suffering minor injuries at $3,500, the License Appeal Tribunal (LAT) has confirmed. Mohd’Ismail Patel, a delivery truck driver, was injured in an…