Why an adjuster’s notes are out of bounds in this subrogation case
December 14, 2020 by David GambrillWhen The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came…
Defying The Grinch may cost your clients home insurance coverage
December 11, 2020 by David GambrillAre your clients tempted to defy The Grinch who stole Christmas and have large holiday gatherings during the pandemic regardless of what public health orders might say? You might want to tell them about pandemic exclusions in their home insurance…
How a South African court applied the U.K. test case in a B.I. dispute
December 8, 2020 by David GambrillSouth Africa’s Western Cape High Court has ordered an insurer to pay a retailer of luxury travel goods up to a maximum of six months’ worth of business interruption coverage (about Cdn$1.5 million), following a dispute over losses arising from…
Court raps lawyers’ conduct, as default judgment against insurer overturned
December 1, 2020 by David GambrillB.C.’s Court of Appeal threw out a default judgment against Lloyd’s of London Monday in a case involving the theft of golden eagles used for a charity event. In doing so, the court criticized lawyers for both the claimant and…
For insurance purposes, if it’s not managed as a strata, it’s still a strata: Tribunal
November 19, 2020 by David GambrillThe owner of a strata lot in a duplex that was not managed as a strata — for example, there was no strata board of directors, annual board meetings, etc. – must nevertheless pay for her half of the strata…
OSFI draft guideline tightens oversight of Canadian branches of foreign insurers
November 4, 2020 by David GambrillCanada’s solvency regulator has released a new draft guideline that tightens the regulator’s oversight of foreign insurance and bank branches in Canada. Among other changes to existing regulations, the Office of the Superintendent of Financial Institutions (OSFI) is requiring local…
This decision on a $5,000 deductible could motivate condo corporations to change their bylaws
October 28, 2020 by David GambrillA recent decision by B.C.’s Civil Resolution Tribunal (CRT) may motivate strata (condo) corporations to adjust their bylaws so that they can charge insurance policy deductibles back to their strata unit owners. Based on the outcome of the CRT decision,…
No, you can’t ram a car in a fit of road rage and collect insurance for the damage
September 18, 2020 by David GambrillA B.C. driver recently learned the hard way that you can’t ram your car into another car during a parking lot road rage incident and then make an insurance claim for the repair. Majid Abood was waiting in his car…
P&C industry braces for a ‘second wave’ of COVID liability
September 15, 2020 by David GambrillThere is an old saying: ‘Fool me once, shame on you. Fool me twice, shame on me.’ As schools across the nation re-open, and as COVID-19 virus infection rates across Canada once again begin to climb, Canadian P&C industry observers…
Aviva’s sting operation lawsuit against collision repairer clears first hurdle in court
September 2, 2020 by David GambrillA collision repair centre in the Greater Toronto Area has lost its court bid to dismiss Aviva Canada’s $330,000 civil lawsuit against it. The case arose from Aviva’s highly-publicized 2017 investigation into the auto collision industry, based on suspicion of…
Court ruling in hockey claim could lead to more joint defence situations: legal expert
August 19, 2020 by David GambrillA recent Ontario Court of Appeal decision, in which a fan was injured by a hockey puck during a game, may lead to a shift toward joint claims handling at the outset of a claim when two insurers are potentially…
Why this home insurer has a duty to defend a road rage claim
August 11, 2020 by David GambrillPembridge Insurance Company of Canada has a duty to defend an insured who has liability coverage under a home insurance policy in a case in which the insured got out of his car and allegedly threatened another driver in a…