Why Supreme Court of Canada ruled in favour of Lloyd’s
December 2, 2019 by Greg MeckbachA $5.6-million court award in favour of Lloyds Underwriters and one of its Quebec-based shipowner clients has been restored by the Supreme Court of Canada. Desgagnés Transport Inc. v. Wärtsilä Canada Inc., released Nov. 28, means a section of the…
LAT throws out claim after occupational therapist disparages the insurer
November 26, 2019 by Jason ContantOntario’s Licence Appeal Tribunal (LAT) has ruled in favour of The Co-operators after completely dismissing an occupational therapist’s report that disparaged the insurer and provided opinions outside the scope of medical practice. An auto accident claimant – identified only as…
Intact wins priority dispute over rental car coverage in standard auto policy
November 22, 2019 by Jason ContantOntario’s Court of Appeal has upheld a ruling in favour of Intact Insurance Company in a priority dispute over who is afforded coverage when operating a rental vehicle. In a decision released Thursday, the appeal court found that liability coverage…
Who’s liable for what in this $2.2-million fuel oil spill
November 18, 2019 by Greg MeckbachAnother chapter in the sad story of a $2.2-million residential heating fuel oil spill, into a fresh-water lake, has been closed. The Supreme Court of Canada announced this past Thursday it will not hear an appeal from Thompson Fuels of…
Insurers’ medical examiner gets his day at Supreme Court of Canada
November 16, 2019 by Greg MeckbachThe Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked…
Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules
November 13, 2019 by Greg MeckbachThe two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court…
How change of backyard elevation spawns liability risk
November 12, 2019 by Greg MeckbachA London, Ont. homeowner is in legal trouble because the water that was supposed to flow east from his neighbour’s backyard, across his property, started going the wrong way 12 years ago. In Dankiewicz v. Sullivan, released Nov. 4, Justice…
Why this solar energy developer was denied coverage under a CGL policy
November 6, 2019 by David GambrillEconomical Insurance recently won a case against a developer of solar energy projects that turned on the wording of an additional insured endorsement in a Commercial General Liability (CGL) policy. Economical ultimately convinced the Ontario Superior Court that insurance coverage…
How this statutory benefits ruling hinged on the word “the”
November 5, 2019 by Jason ContantSaskatchewan’s highest court has ruled in favour of the province’s government auto insurer in a case involving statutory death benefits paid collectively to three dependant children. The Court of Appeal for Saskatchewan’s ruling in Johnson v Saskatchewan Government Insurance, released…
The ‘interpretative stumbling block’ in figuring out whether off-road vehicle accidents are insured
October 31, 2019 by Greg MeckbachConfused about whether Ontario accident benefits applies if your client has an out-of-province accident involving a dirt bike or all-terrain vehicle? The Court of Appeal for Ontario tried to address this confusion in Benson v. Belair Insurance Company. If an…
$2.2-million credit score class action settlement with The Personal approved
October 28, 2019 by Greg MeckbachA $2.2 million settlement of a class-action privacy lawsuit against The Personal has been approved by a judge, plaintiffs’ law firm Waddell Phillips Professional Corporation announced Monday. The lawsuit arose after The Personal asked some auto claimants if it could…
The big question mark on supply chain liability risk
October 23, 2019 by Greg MeckbachWhat liability risk do Canadian corporate clients face if they have supply chains in countries where workers are vulnerable to abuse or unsafe working conditions? It’s an open question right now, but brokers could get some guidance once the Supreme…