What Supreme Court says about liability risk for contract breach
January 11, 2021 by Greg MeckbachA recent Supreme Court of Canada ruling in favour of a property maintenance firm has several liability risk management takeaways when it comes to contracting for commercial clients. C.M. Callow Inc. had property maintenance contracts in 2012-14 for a group…
Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim
January 4, 2021 by Greg MeckbachA landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which…
How family protection endorsement works when multiple tortfeasors liable
December 16, 2020 by Greg MeckbachA Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was…
What brokers need to do to place hospitality coverage
December 16, 2020 by Greg MeckbachWhen it comes to the hospitality sector, insurers’ risk appetites are constantly changing and underwriters are especially concerned about clients who get most of their revenue from alcohol, a managing general agent reports. “A broker has to spend a lot…
How AIG stick-handled this liability coverage dispute
December 11, 2020 by Greg MeckbachA Court of Appeal for Ontario ruling in favour of AIG Insurance Company of Canada, over a coverage dispute arising from an injury to a spectator at a hockey arena, is now final. The Supreme Court of Canada recently announced…
Ontario to provide COVID-19 liability protection to workers and some organizations
October 21, 2020 Shawn Jeffords and Liam Casey -THE CANADIAN PRESSTORONTO – Health-care workers, businesses and non-profits could receive liability protection against COVID-19-related lawsuits under legislation proposed by the Ontario government Tuesday, but critics said the bill would result in extra protection for long-term care providers who failed residents during…
Appeal court dismisses lawsuit against Economical over additional insured endorsement
October 5, 2020 by Greg MeckbachA solar energy developer has lost its appeal against Economical in a commercial coverage dispute regarding an additional insured, in which the policy wording referred to “liability arising out of the operations” of the insured. “Contractual insurance obligations and additional…
How Gallagher prepares clients for D&O rate increases
September 4, 2020 by Greg MeckbachIf your clients are going to be hit with rate increases and major changes in terms and conditions to their directors’ and officers’ (D&O) liability policies, you might want to give them some advance warning. “We tend to prepare early…
Three reasons why the hard market may drag on for years
August 12, 2020 by Greg MeckbachCommercial clients are likely to see big price hikes at least through 2021 and the economic impact of COVID-19 is partly to blame, a Bermuda insurance executive suggests. “We saw double-digit rate increases in our Canadian specialty business,” Albert Benmichol, CEO…
Insurer working on future pandemic coverage for school boards, post-COVID
July 27, 2020 by Greg MeckbachAs the Ontario government prepares its school re-opening plan, the insurer for the majority of the province’s boards is working on a plan to provide pandemic coverage, albeit for future pandemics and not for COVID-19. Within the next six to…
Why Aviva Canada does not have to defend this sexual abuse lawsuit
June 18, 2020 by Greg MeckbachAviva Insurance Company of Canada has won an appeal in a coverage dispute arising from a teenaged kickboxer who is suing her gym after being sexually abused by an employee. The kickboxer was 14 years old on May 1, 2017…
Paid “Dark Clouds on the Horizon” The Impact of Nuclear Verdicts on Canadian liability insurance
June 8, 2020 AXA XLIt is widely acknowledged that the United States has a more litigious environment than Canada. However, the rise of recent jury awards in the United States, dubbed “nuclear verdicts”, will have a greater impact on Canadian companies that operate in…