Getting the Lead Out
September 30, 2015 Heather A. Sanderson, principal, Sanderson LawWhat are the implications of lead paint liability for Canadian insurance coverage?
The ‘Derivative’ Claim
September 30, 2015 Don McGarvey, partner; and Kate Whittleton, associate, McLennan Ross LLPA recent Alberta court decision suggests that insurers should tread carefully on coverage involving intentional acts and negligence.
Message from the President
September 30, 2015 Fred Plant, President, Canadian Independent Adjusters' AssociationOurs is a honourable profession. You should be proud of the important work you do everyday – delivering the product of the Property & Casualty Insurance Industry in Canada. We have all heard it said that nothing works without insurance.…
ICBC must indemnify estate of passenger sued by injured driver
September 28, 2015 by Canadian UnderwriterThe Insurance Corporation of British Columbia must indemnify the estate of a man who was killed, as a passenger in a vehicle accident, after grabbing the steering wheel, the province’s appeal court has ruled. Court records indicate that Marnetta Felix…
Dispute over ‘faulty workmanship’ exclusion on construction project could reach Supreme Court of Canada
September 22, 2015 by Canadian UnderwriterA construction contractor who unsuccessfully sued Northbridge Indemnity Insurance Company over a disputed claim, under an all risks policy that excluded “making good faulty workmanship,” is applying for leave to appeal with Canada’s highest court. Ledcor construction was the general…
Auto accident victim contends Canada Pension Plan disability benefits should not be deducted from Nova Scotia Family Protection Endorsement claims
September 15, 2015 by Canadian UnderwriterAn auto insurance claimant is asking the Supreme Court of Canada to rule on the question of whether future disability benefits, under the Canada Pension Plan, should be deducted from a Nova Scotia auto insurer’s payments under the family protection…
North America continues to see strong demand for transactional risk insurance: Marsh
September 11, 2015 by Canadian UnderwriterNorth America continued to see strong demand for transactional risk insurance, with the market showing no signs of slowing down after the explosive growth witnessed in 2014, according to a statement released on Friday by Marsh Ltd. Canadian Underwriter reported…
Renewed Faith
September 1, 2015 Bruno De Vita, Partner; and Hollis Bromley, Partner, Alexander Holburn Beaudin + Lang LLPTwo recent judgements in Canada indicate Canadian courts are taking a conservative approach on punitive damages in bad faith claims lawsuits against insurance companies
Lead from the Front
August 1, 2015 Jason Keyfitz, Vice President, Captive Solutions, Marsh CanadaFronting is one option for risk managers wanting to reduce insurance expenditures by retaining more risk, while still complying with contractual and regulatory requirements. Such an arrangement has specific requirements and a clear understanding of who will manage claims.
Contract, Conflict and Subrogation
July 31, 2015 Tiffany Cheverie, lawyer, Burchells LLP |Tiffany Cheverie, lawyer, Burchells LLPThe law of the jurisdiction plays a key role in insurance contract interpretation and rights of recovery.
The Right Network
July 31, 2015 Craig Harris, Freelance WriterFormer CIAA president Miles Barber heads up Manitoba-based Network Adjusters Ltd., a firm focused on quality of service and individual attention to customer needs
Recreational Waivers
July 3, 2015 Robert A. Betts, Associate, Beard Winter LLPVendors of recreational activities, such as amateur athletics and extreme sports, can face legal actions in the event of accidents, including those resulting in injury. What are the issues around waivers in the recreational industry and what steps should be taken in support of a waiver defence?