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This type of claim should dry up in Ontario with COVID-19

March 27, 2020 by Greg Meckbach

With the Ontario government ordering the closure of bars and nightclubs, this should eliminate – temporarily – one category of commercial liability claim. “I don’t think claims will be launched against commercial hosts at this time,” said Mouna Hanna, an

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How D&O claims could arise from COVID-19

March 17, 2020 by Greg Meckbach

If your clients are accused of failing to warn shareholders of the impact of COVID-19, their directors and officers could have liability exposure, experts from Marsh suggest. Generally speaking, directors and officers tend to have the same liability exposure as

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How liability insurance responds (or not) to COVID-19

March 16, 2020 by Greg Meckbach

If your clients are sued as a result of the COVID-19 pandemic, don’t assume they will be covered by a commercial general liability policy. General liability policies have exclusions; and for COVID-19, the most relevant exclusion is probably pollution, suggested

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Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

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Why this religious organization wants to appeal sexual abuse lawsuit

March 5, 2020 by Greg Meckbach

A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a

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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

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Could auto liability cover negligent parenting lawsuit?

January 13, 2020 by Greg Meckbach

If you allow your child to ride in a vehicle allegedly driven by an impaired driver, and your child sues you for negligent parenting, does the vehicle liability policy cover you? Not as it stands. But the question could be

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Where did that slip and fall liability reform bill land?

January 9, 2020 by Greg Meckbach

Will the Ontario government get around to reforming liability for slips and falls on ice before the winter ends? Bill 118, which passed second reading June 6, is intended to make it easier for clients to defend themselves against lawsuits

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Why this town is not liable for electric shock hazard at sports field

January 8, 2020 by Greg Meckbach

An Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the

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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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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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Why you might be having a hard time finding coverage in liability lines

November 14, 2019 by Greg Meckbach

Liability loss inflation may be a new topic of discussion for securities analysts who watch the property and casualty sector, but for Canada’s largest insurer, it’s nothing particularly novel. “There is inflation,” Charles Brindamour, CEO of Intact Financial Corp., observed