How liability insurers will react to military report on long-term care homes
June 2, 2020 by Greg MeckbachA recently military report on some Canadian long-term care facilities will change the way liability coverage is underwritten and could even discourage some insurers from staying in the market, a managing general agent suggests. “I think you will probably see…
Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny
May 29, 2020 by Greg MeckbachA $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won…
How liability coverage limits determined what this bar owed in commercial host lawsuit
May 25, 2020 by Greg MeckbachA bar found 20% liable for an impaired driving accident has to pay two-thirds of the plaintiff’s legal costs and wound up paying double for damages what the at-fault motorist paid. Hummel v. Jantzi, released May 14 by the Ontario…
Pandemic insurance fraud: What to watch for…
May 25, 2020 by Greg MeckbachInflated auto towing and storage claims and arson are among the risks the industry faces from the economic downturn and social distancing arising from the pandemic, a fraud and data analytics expert warns. “A legitimate accident may happen and [a…
What can go wrong if ‘actual cash value’ is not clearly defined in a property policy
May 19, 2020 by Greg MeckbachAfter a 132-year-old Cape Breton Island building was heavily damaged by a sprinkler line failure, there was a huge disparity between the property owner and insurer’s versions of “actual cash value.” The claimant said $1.59 million, while the insurer said…
Employment lawyers on returning to work during and after the pandemic
May 12, 2020 Nicole Thompson - THE CANADIAN PRESSTORONTO – As provinces begin the slow process of reopening their economies and people start returning to the workplace, questions abound about the rights and responsibilities of employees and employers in the aftermath of COVID-19. The Canadian Press asked two…
COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause
May 8, 2020 by Greg MeckbachIf 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…
Aviva loses battle in faulty workmanship exclusion dispute
May 5, 2020 by Greg MeckbachThe application of faulty workmanship exclusions continues to be a subject of disagreement among judges, a Court of Appeal of Alberta ruling from last week shows. The Court of Appeal of Alberta recently found that if a construction contractor causes…
How to exclude business interruption during pandemic
May 4, 2020 by Greg MeckbachIf 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…
Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home
May 1, 2020 by Greg MeckbachLiability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a…
BI claims during COVID: What the courts will examine first
April 30, 2020 by Greg MeckbachWhen business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance…
Is the risk of coronavirus a ‘physical loss’ to the property?
April 29, 2020 by Greg MeckbachCommercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a…