Why this religious organization wants to appeal sexual abuse lawsuit
March 5, 2020 by Greg MeckbachA corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a…
Supreme Court Orphan Well ruling: the impact on brokers one year later
March 4, 2020 by Greg MeckbachIf you place pollution liability coverage, you could be hearing from banks and lenders concerned about oil and gas producers potentially going bankrupt. Inquiries about environment impairment liability are on the rise for at least one major Canadian brokerage following…
Does home insurance cover road rage?
March 2, 2020 by Greg MeckbachIf a client is sued for alleged road rage in Ontario, is coverage for the legal defence the responsibility of the home insurer, auto insurer or both? This question could go to the Supreme Court of Canada if it agrees…
New Supreme Court of Canada guidance on liability for Canadian clients operating overseas
February 28, 2020 by Greg MeckbachIf you place commercial liability insurance for clients with supply chains outside of Canada, be sure and check out Friday’s Supreme Court of Canada ruling in Nevsun Resources Ltd. v. Araya. In its divided ruling, Canada’s top court ruled that…
Coverage dispute from 1999 spoiled food recall finally ends
February 24, 2020 by Greg MeckbachTwenty years after a loss resulting from food getting infested with insects, a commercial client has lost its coverage dispute with St. Paul Fire and Marine Insurance Co. The Supreme Court of Canada announced Thursday it had denied leave to…
The ‘social inflation’ affecting Fairfax Financial’s run-off business
February 21, 2020 by Greg MeckbachAsbestos-related commercial liability claims could soon reach a peak, but they continue to be a concern for the property and casualty insurance industry, suggests Prem Watsa, founder and chairman of Toronto-based Fairfax Financial Holdings Ltd. “Asbestos has been a problem…
End of road for vehicle occupant sued for negligent parenting
February 18, 2020 by Greg MeckbachA defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not…
How does directors’ and officers’ vicarious liability work with franchise corporations?
February 14, 2020 by Greg MeckbachIf your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large…
Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond
February 12, 2020 by Greg MeckbachThe Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty…
Appeal court overturns controversial ruling on auto coverage arising from overseas accident
February 7, 2020 by Greg MeckbachA controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF…
Does ‘material change in risk’ clause need better clarity?
February 3, 2020 by Greg MeckbachDespite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack…
Dirt bike coverage dispute could reach Supreme Court of Canada
January 30, 2020 by Greg MeckbachIf an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced…