Canadian Underwriter


News ClaimsClaims CanadaLegal

New Supreme Court of Canada guidance on liability for Canadian clients operating overseas

February 28, 2020 by Greg Meckbach

If 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

News ClaimsClaims CanadaLegal

Coverage dispute from 1999 spoiled food recall finally ends

February 24, 2020 by Greg Meckbach

Twenty 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

News ClaimsClaims CanadaInsurance

The ‘social inflation’ affecting Fairfax Financial’s run-off business

February 21, 2020 by Greg Meckbach

Asbestos-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

News ClaimsClaims CanadaLegal

End of road for vehicle occupant sued for negligent parenting

February 18, 2020 by Greg Meckbach

A 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

News InsuranceLegal

How does directors’ and officers’ vicarious liability work with franchise corporations?

February 14, 2020 by Greg Meckbach

If 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

News Legal

Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond

February 12, 2020 by Greg Meckbach

The 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

News ClaimsClaims CanadaInsuranceLegal

Appeal court overturns controversial ruling on auto coverage arising from overseas accident

February 7, 2020 by Greg Meckbach

A 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

News ClaimsClaims CanadaInsuranceLegal

Does ‘material change in risk’ clause need better clarity?

February 3, 2020 by Greg Meckbach

Despite 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

News Claims CanadaInsuranceLegal

Dirt bike coverage dispute could reach Supreme Court of Canada

January 30, 2020 by Greg Meckbach

If 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

News AdjustersClaimsClaims CanadaInsuranceLegal

Why these homeowners lost their negligence lawsuit against a Hub brokerage

January 24, 2020 by Greg Meckbach

British Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana

News ClaimsInsurance

Adjudicating claims and setting claims reserves are different, right?

January 21, 2020 by David Gambrill

An Ontario court has rejected an attempt by claimants in a bad faith claim against an insurer to blur the line between claims adjudication and setting claims reserves, ruling that the insurer’s “records pertaining to reserves” were irrelevant to how

News ClaimsClaims CanadaLegalRestoration

Couple sued over basement flooding after selling fixer-upper

January 20, 2020 by Greg Meckbach

A Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The