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When courts might rule against insurers in business interruption coverage disputes

June 11, 2020 by Greg Meckbach

A commercial insurer could end up paying for losses that the carrier never intended to cover if a business interruption insurance policy covers government orders or advice to shut down a workplace without clearly excluding something like a widespread pandemic,

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How the lack of cyber caselaw worked against an insurer in a $75-million data breach lawsuit

June 9, 2020 by David Gambrill

The lack of cyber case law worked against an insurer in the Ontario Superior Court of Justice recently, with the court deciding that The Co-operators has a duty to defend two parties named in a $75-million cyber breach class action

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How liability insurers will react to military report on long-term care homes

June 2, 2020 by Greg Meckbach

A 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

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Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny

May 29, 2020 by Greg Meckbach

A $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

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How liability coverage limits determined what this bar owed in commercial host lawsuit

May 25, 2020 by Greg Meckbach

A 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

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Pandemic insurance fraud: What to watch for…

May 25, 2020 by Greg Meckbach

Inflated 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

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What can go wrong if ‘actual cash value’ is not clearly defined in a property policy

May 19, 2020 by Greg Meckbach

After 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

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Employment lawyers on returning to work during and after the pandemic

May 12, 2020 Nicole Thompson - THE CANADIAN PRESS

TORONTO – 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

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COVID BI coverage dispute lawsuit arises over ‘civil authority’ order clause

May 8, 2020 by Greg Meckbach

If 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

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Aviva loses battle in faulty workmanship exclusion dispute

May 5, 2020 by Greg Meckbach

The 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

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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If 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

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Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability 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