What the court said when property owners refused to submit a Final Proof of Loss
April 20, 2021 by David GambrillWestland 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…
Appeal Court adds new twist to court battle over auto reforms
April 19, 2021 by David GambrillB.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…
Intact wins the battle, but loses the war, in Alberta wildfire claim
April 7, 2021 by David GambrillIntact 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…
No, you can’t ram a car in a fit of road rage and collect insurance for the damage
September 18, 2020 by David GambrillA 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…
P&C industry braces for a ‘second wave’ of COVID liability
September 15, 2020 by David GambrillThere is an old saying: ‘Fool me once, shame on you. Fool me twice, shame on me.’ As schools across the nation re-open, and as COVID-19 virus infection rates across Canada once again begin to climb, Canadian P&C industry observers…
Aviva’s sting operation lawsuit against collision repairer clears first hurdle in court
September 2, 2020 by David GambrillA collision repair centre in the Greater Toronto Area has lost its court bid to dismiss Aviva Canada’s $330,000 civil lawsuit against it. The case arose from Aviva’s highly-publicized 2017 investigation into the auto collision industry, based on suspicion of…
Hotels sue Aviva Canada for $150 million in proposed BI class action
July 27, 2020 by David GambrillLerners LLP has filed a proposed $150-million class-action lawsuit against Aviva Canada on behalf of hotels across the country, claiming that the hotels are entitled to coverage for loss of business income relating to COVID-19. “We know these are challenging…
Court dismisses class action against insurers for handling of HST in auto AB claims
July 17, 2020 by David GambrillOntario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT…
What the court said about parents’ liability when hosting teen drinking parties
June 25, 2020 by David GambrillParents hosting a house party in which minors are drinking alcohol and smoking marijuana must be reasonable — but not perfect — when protecting teens against “foreseeable” risks, a B.C. court ruled in a recent social host liability case. The…
This Nissan seatbelt lawsuit will have more than 100 witnesses
June 24, 2020 by Greg MeckbachVehicle manufacturer Nissan is facing a lawsuit in British Columbia over rear seatbelts, in a case that demonstrates how legal defence costs can multiply in a hurry. The plaintiff, Arshdeep Singh Sidhu, was nine years old in 2008 when he…
Why waivers won’t necessarily protect clients from COVID-19 liability
June 22, 2020 by Greg MeckbachWaivers of liability for disease transmission might protect commercial clients from lawsuits, but the industry will not know for sure until one is tested in an appeal court, a litigation defence lawyer suggests. A waiver will not, on its own,…
How this fumbled washing machine installation led to $54,000 basement flood
June 19, 2020 by Greg MeckbachFor want of a wrench, the basement was lost. This would be one way of summing up the Provincial Court of Alberta’s ruling in Kuerbis v Broderson, which should provide food for thought to brokers placing coverage for commercial clients…