Policy exclusion? Watch your exceptions in multiple-cause losses
October 18, 2023 by David GambrillUnderwriters must pay close attention to the policy wording they use in their exceptions to exclusions, lest insurers find themselves on the hook for covering losses with two or more suspected causes. That’s a key takeaway from Brock Stock Farm…
Clarifying Nativelands: What the decision means to brokers
October 11, 2023 Stephen F. Gleave, partner, DLA Canada (Toronto)Canadian Underwriter published an article on Sept. 19, 2023, entitled “Court draws distinction between a brokerage and a consultant.” The article deals with an important decision of Ontario Superior Court Justice Edward Morgan released on July 25, 2023. The matter…
Brokers: Is your client’s dog “friendly?”
September 25, 2023 by David GambrillWhen 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…
Court draws distinction between a brokerage and a consultant
September 19, 2023 by David GambrillCiting 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…
Why you shouldn’t negotiate insurance contracts with emojis
July 28, 2023 by David GambrillBrokers 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…
Trial to decide insurer’s duty to defend in seniors lodge explosion
July 24, 2023 by David GambrillIt’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…
Brokers, not insurers, advise clients of valuation changes
June 29, 2023 by David GambrillAn 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…
Court result suggests confusion about MGAs and insurers
June 23, 2023 by David GambrillManaging 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,…
Gore loses priority case in fatal snowmobile crash
June 22, 2023 by David GambrillGore 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…
Did the court jump the gun on allowing a negligence claim against a brokerage?
June 16, 2023 by David GambrillA 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…
Top court rejects Travelers appeal in dirt bike accident benefits case
June 15, 2023 by David GambrillIt’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…
Insurer loses $255,000 subrogation claim over modified excavator
June 9, 2023 by David GambrillAIG 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…