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How to exclude business interruption during pandemic

May 4, 2020 by Greg Meckbach

If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I

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Why it’s hard to determine liability when a plaintiff catches coronavirus in nursing home

May 1, 2020 by Greg Meckbach

Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a

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BI claims during COVID: What the courts will examine first

April 30, 2020 by Greg Meckbach

When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance

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Is the risk of coronavirus a ‘physical loss’ to the property?

April 29, 2020 by Greg Meckbach

Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a

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Supreme Court of Canada to hear coverage dispute over fatal motorcycle accident

April 27, 2020 by Greg Meckbach

The Supreme Court of Canada announced it will hear an auto liability coverage dispute involving RSA Canada, insurer of a motorcyclist who had alcohol in his system while holding a probationary licence. The motorcyclist, Steven Devecseri, was killed May 29,

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The liability of long-term care facilities: COVID-19’s projected impact

April 24, 2020 by Greg Meckbach

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,

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Liability claims that could arise from the pandemic

April 22, 2020 by Greg Meckbach

One result of the ongoing COVID-19 pandemic will be liability claims against company boards, property and casualty industry watchers predict. “I think we will see litigation coming out of this,” Shara Roy, a partner with law firm Lenczner Slaght Royce

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Meet the restauranteur who’s taking the industry to court over pandemic BI coverage

April 14, 2020 by Greg Meckbach

Believe it or not, some commercial clients expect business interruption insurance to cover loss of income if the business gets interrupted, even if the cause of the interruption is a pandemic. Regina restaurant owner Thomas Siarkos is one such client.

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The advice some lawyers give commercial clients over pandemic BI coverage

April 9, 2020 by Greg Meckbach

Brokers advising commercial clients that business interruption is not usually covered during a pandemic should not be surprised if those clients are hearing something different from their lawyers. “I would caution policyholders to thoroughly review their specific policy language before

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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

News Construction

How COVID-19 impacts surety bond placement

March 26, 2020 by Greg Meckbach

Placing surety bonds has become more challenging with the social distancing precautions underway with the COVID-19 pandemic, but it is possible to do this electronically, says an association representing insurers who write surety bonds. Surety bonds can now be placed

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Tenant shares liability for attack on visitor by homeowner’s dog

March 19, 2020 by Greg Meckbach

A Calgary homeowner and her tenant are on the hook for more than $20,000 after a waste removal contractor was attacked on the property by a dog. In Malig v. Kaur, released Mar. 16, the Alberta Court of Appeal ruled