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A home under renovation isn’t necessarily “under construction:” Appeal Court

June 15, 2021 by David Gambrill

A home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as

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Restoration firms beware: Did clients authorize payment for your work?

June 14, 2021 by David Gambrill

A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water

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Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed

June 11, 2021 by David Gambrill

It’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown

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Tribunal sides with Intact in home insurance co-payment spat

June 3, 2021 by David Gambrill

A B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing

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Should insurers (and others) be banned from making cyber ransom payments?

May 30, 2021 by David Gambrill

Editor’s Note: A previous verison of this article incorrectly stated that a cyberattack against AXA had happened after AXA’s announcement that it was suspecnding insurance coverage in France for ransomeware extortion payments. In fact, as per a Financial Times report

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Why Intact didn’t have to pay $10K for a claimant’s proposed medical report

May 17, 2021 by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has ruled that Intact Insurance is not obligated to fund a claimant’s $10,200 multidisciplinary report, the purpose of which was to dispute Intact’s decision to cease income replacement benefits after a 104-week period of entitlement.

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How these auto reforms could reduce liability exposure for hospitality clients

May 10, 2021 by David Gambrill

B.C.’s move towards a form of no-fault auto insurance could wind up reducing liability exposure for commercial insureds in the hospitality and other high-risk sectors, according to a recent blog by Borden Ladner Gervais LLP. The province’s no-fault amendments came

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Ontario judge urges legislature to deal with insurance fraud

April 22, 2021 by David Gambrill

An Ontario judge has taken the rare approach in a sentencing decision to urge the provincial government to take steps to prevent future instances of insurance fraud. Ontario Court Justice David S. Rose made the obitur remarks in his written

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What the court said when property owners refused to submit a Final Proof of Loss

April 20, 2021 by David Gambrill

Westland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to

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Appeal Court adds new twist to court battle over auto reforms

April 19, 2021 by David Gambrill

B.C.’s Court of Appeal has temporarily suspended parts of a recent decision by the B.C. Supreme Court, which found that it is unconstitutional for the province’s Civil Resolution Tribunal (CRT) to determine minor injuries and decide claims of up to

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Intact wins the battle, but loses the war, in Alberta wildfire claim

April 7, 2021 by David Gambrill

Intact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant

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No, you can’t ram a car in a fit of road rage and collect insurance for the damage

September 18, 2020 by David Gambrill

A B.C. driver recently learned the hard way that you can’t ram your car into another car during a parking lot road rage incident and then make an insurance claim for the repair. Majid Abood was waiting in his car