How does directors’ and officers’ vicarious liability work with franchise corporations?
February 14, 2020 by Greg MeckbachIf your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large…
Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond
February 12, 2020 by Greg MeckbachThe Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty…
Appeal court overturns controversial ruling on auto coverage arising from overseas accident
February 7, 2020 by Greg MeckbachA controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF…
Does ‘material change in risk’ clause need better clarity?
February 3, 2020 by Greg MeckbachDespite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack…
Dirt bike coverage dispute could reach Supreme Court of Canada
January 30, 2020 by Greg MeckbachIf an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced…
Why these homeowners lost their negligence lawsuit against a Hub brokerage
January 24, 2020 by Greg MeckbachBritish Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana…
Adjudicating claims and setting claims reserves are different, right?
January 21, 2020 by David GambrillAn Ontario court has rejected an attempt by claimants in a bad faith claim against an insurer to blur the line between claims adjudication and setting claims reserves, ruling that the insurer’s “records pertaining to reserves” were irrelevant to how…
Couple sued over basement flooding after selling fixer-upper
January 20, 2020 by Greg MeckbachA Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The…
Pollution exclusion means no coverage for this dry cleaner defendant
January 16, 2020 by Greg MeckbachA British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot…
Roadside licence suspensions for impaired drivers faces court challenge
January 15, 2020 by Greg MeckbachThe British Columbia law intended to immediately get impaired drivers off the road could be headed – yet again – to the Supreme Court of Canada. Canada’s top court announced Jan. 10 that Larry Edward Lemieux has applied for leave…
Could auto liability cover negligent parenting lawsuit?
January 13, 2020 by Greg MeckbachIf 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…
Did the threshold for special awards against insurers just sink lower?
January 9, 2020 by David GambrillA recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In…