Court sides with insurer in disputed marine cargo claim
September 4, 2019 by Greg MeckbachA large Canadian manufacturing multinational has lost a legal battle, although not necessarily the war, with Chubb Insurance Company of Canada over a marine coverage dispute. It started in 2013 when Cambridge, Ont.-based ATS Automation Tooling Systems Inc. sold machinery…
How an engineer failed to spot a major basement water problem
September 3, 2019 by Greg MeckbachThree months after Edward Kent and Teresa Tomsky bought their Edmonton home, they noticed a musty smell in their basement. It turns out a foundation crack, which they were led to believe was minor, was actually quite serious. The foundation…
Why this American auto insurer lost its priority dispute in Canada
August 26, 2019 by David GambrillYes, an American auto insurer can be the priority insurer for an accident that happens in Canada. An Ontario judge found last Thursday that the priority dispute provisions in the province’s Insurance Act do indeed apply to U.S.-based insurers, thus…
Insurers spar after passenger grabs steering wheel, causing accident
August 22, 2019 by Greg MeckbachShould a motorist be liable if a front-seat passenger deliberately grabbed the wheel and took control, causing an accident? Insurers debate this, but judges say a client in this situation should not be liable. In McKay v. Park, released Monday,…
Auto claimant awarded $200K despite court’s skepticism about his credibility
August 16, 2019 by David GambrillA B.C. fire dispatcher with pre-existing back pain was awarded $200,000 for his auto accident injuries, even though the Supreme Court of British Columbia also found that he was “not a reliable historian of his own condition or other events.”…
New laws needed to assign cyber fraud liability: Court
August 13, 2019 Colin Perkel - THE CANADIAN PRESSTORONTO – A deputy judge is calling for passage of clear laws on which innocent party should bear responsibility for financial losses related to cyberfraud. In calling for legislation, Ontario Deputy Judge Shane Kelford said it’s clear the law has…
New hearing ordered after court finds tribunal erred in law on accident benefits
August 12, 2019 by Jason ContantA vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…
Top court releases decision in $2-billion building collapse lawsuit against Loblaws
August 8, 2019 by Greg MeckbachA $2-billion lawsuit against Loblaws Companies Ltd., arising from the world’s deadliest accidental building collapse ever, is essentially tossed out of court. Canada’s high court announced Thursday it will not hear an appeal from Arati Rani Das, a garment factory…
St. Paul Fire & Marine wins business interruption coverage dispute
August 7, 2019 by Greg MeckbachSay a commercial insurance policy stipulates that a coverage dispute lawsuit cannot proceed unless the client launches it within a year of discovering the loss. What happens if there is business interruption both before and after start of the limitations…
Allstate ponders appeal in $700,000 lawsuit over Brampton auto insurance allegations
July 30, 2019 by Greg MeckbachAllstate officials are considering appealing last week’s Ontario court judgement that rejected the company’s $700,000 counter-suit against a former employee. “Our legal counsel is reviewing the decision and we will decide whether to appeal in the next few weeks,” Angie…
Home insurance can cover damage by a contractor during restoration, court finds
July 25, 2019 by Greg MeckbachIf your client’s house is accidentally damaged by a repair or renovation contractor while it is working on that building, does the home insurance cover it? Some carriers would say no, but a recent court ruling means exclusions for “property…
Claimant loses appeal over whether Ontario court can hear bad-faith claim
July 24, 2019 by Greg MeckbachWhen the Ontario government moved accident benefits dispute resolution to the Licence Appeal Tribunal in 2016, it did not intend for two similar issues in a disputed claim to be adjudicated both in court and before the LAT, the Court…