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What the judge said when a trial lawyer accused an insurer of “playing hardball” with his elderly client

December 31, 2019 by David Gambrill

An elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario

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Top 5 Canadian court rulings of 2019 for P&C insurance

December 20, 2019 by Greg Meckbach

Tragedies, mishaps and financial disasters often lead to court disputes, resulting in rulings from judges. Sometimes judges disagree with one another and appeals get filed with higher courts, but the end results often provide lessons for the industry. Here are

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Home warranty provider loses argument that Aviva product is not insurance

December 18, 2019 by Greg Meckbach

Brokers who provide home warranty assuming it is not an insurance product could be mistaken if they try to argue this in court – especially if the warranty is written by a regulated insurer. National Home Warranty Group told the

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Could CGL policy have to cover this dry cleaning pollution claim?

December 17, 2019 by Greg Meckbach

A coverage dispute over pollution exclusions might bring two of Canada’s largest insurers before the Supreme Court of Canada. West Van Lions Gate Cleaners Ltd. has operated a dry cleaners in Vancouver since 1976. Until 1999 an automotive repair business

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Is there a doctor in the court? Psychologist’s evidence is not good enough for verbal threshold, court rules

December 12, 2019 by Greg Meckbach

Correction Notice: In an earlier version of this story, L&A Mutual was identified as the defendant’s insurer, which is the insurer identified in court documents. However, Aviva has since identified itself as the defendant’s insurer.   When a driver is

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Why this $3-million subrogated fire claim against corporate tenant failed

December 10, 2019 by Greg Meckbach

The British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released

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Why an insurer has to pay brake repair costs under this optional policy

December 2, 2019 by Jason Contant

Is the cost to repair vehicle brakes covered by an optional Autoplan policy in British Columbia? Yes, if the fact situation is similar to a small claims dispute recently heard by the province’s Civil Resolution Tribunal. In Driedger v. ICBC,

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Why Supreme Court of Canada ruled in favour of Lloyd’s

December 2, 2019 by Greg Meckbach

A $5.6-million court award in favour of Lloyds Underwriters and one of its Quebec-based shipowner clients has been restored by the Supreme Court of Canada. Desgagnés Transport Inc. v. Wärtsilä Canada Inc., released Nov. 28, means a section of the

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LAT throws out claim after occupational therapist disparages the insurer

November 26, 2019 by Jason Contant

Ontario’s Licence Appeal Tribunal (LAT) has ruled in favour of The Co-operators after completely dismissing an occupational therapist’s report that disparaged the insurer and provided opinions outside the scope of medical practice. An auto accident claimant – identified only as

News ClaimsInsuranceLegislation / Regulation

Intact wins priority dispute over rental car coverage in standard auto policy

November 22, 2019 by Jason Contant

Ontario’s Court of Appeal has upheld a ruling in favour of Intact Insurance Company in a priority dispute over who is afforded coverage when operating a rental vehicle. In a decision released Thursday, the appeal court found that liability coverage

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Who’s liable for what in this $2.2-million fuel oil spill

November 18, 2019 by Greg Meckbach

Another chapter in the sad story of a $2.2-million residential heating fuel oil spill, into a fresh-water lake, has been closed. The Supreme Court of Canada announced this past Thursday it will not hear an appeal from Thompson Fuels of

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Insurers’ medical examiner gets his day at Supreme Court of Canada

November 16, 2019 by Greg Meckbach

The Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked