Why this town is not liable for electric shock hazard at sports field
January 8, 2020 by Greg MeckbachAn Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the…
What risk managers can learn from Supreme Court ruling in favour of Canada Post
January 8, 2020 by Greg MeckbachHow should risk managers handle situations where their workers could encounter hazards off site? A recent Supreme Court of Canada ruling in favour of Canada Post could provide some guidance, a lawyer suggested Tuesday to Canadian Underwriter. “It is now…
Why phone evidence fell short in this triple-collision fraud lawsuit
January 7, 2020 by Greg MeckbachAn insurer suspicious about a vehicle accident obtains evidence that the occupants of the different vehicles were talking by phone to one another. But without knowing exactly who was talking and what the vehicle occupants were talking about, this type…
What can go wrong if adjuster fails to obtain coroner’s report
January 3, 2020 by Greg MeckbachAn auto insurer wants to deny liability coverage because its client had alcohol in his blood when he died. The thing is, the insurance company didn’t know its client had alcohol in his blood for three years, which is how…
What the judge said when a trial lawyer accused an insurer of “playing hardball” with his elderly client
December 31, 2019 by David GambrillAn elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario…
Top 5 Canadian court rulings of 2019 for P&C insurance
December 20, 2019 by Greg MeckbachTragedies, mishaps and financial disasters often lead to court disputes, resulting in rulings from judges. Sometimes judges disagree with one another and appeals get filed with higher courts, but the end results often provide lessons for the industry. Here are…
Home warranty provider loses argument that Aviva product is not insurance
December 18, 2019 by Greg MeckbachBrokers who provide home warranty assuming it is not an insurance product could be mistaken if they try to argue this in court – especially if the warranty is written by a regulated insurer. National Home Warranty Group told the…
Could CGL policy have to cover this dry cleaning pollution claim?
December 17, 2019 by Greg MeckbachA coverage dispute over pollution exclusions might bring two of Canada’s largest insurers before the Supreme Court of Canada. West Van Lions Gate Cleaners Ltd. has operated a dry cleaners in Vancouver since 1976. Until 1999 an automotive repair business…
Is there a doctor in the court? Psychologist’s evidence is not good enough for verbal threshold, court rules
December 12, 2019 by Greg MeckbachCorrection Notice: In an earlier version of this story, L&A Mutual was identified as the defendant’s insurer, which is the insurer identified in court documents. However, Aviva has since identified itself as the defendant’s insurer. When a driver is…
Why this $3-million subrogated fire claim against corporate tenant failed
December 10, 2019 by Greg MeckbachThe British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released…
How this surety bond could be examined by Supreme Court of Canada
December 9, 2019 by Greg MeckbachWhen do the terms of a surety bond allow a construction project owner to withhold payments to a contractor? This question could go to the Supreme Court of Canada, which recently announced a federal crown corporation wants to appeal a…
Why an insurer has to pay brake repair costs under this optional policy
December 2, 2019 by Jason ContantIs the cost to repair vehicle brakes covered by an optional Autoplan policy in British Columbia? Yes, if the fact situation is similar to a small claims dispute recently heard by the province’s Civil Resolution Tribunal. In Driedger v. ICBC,…