Before clients sign contracts, check for waivers of subrogation
February 10, 2022 Michael CareyAs part of business, insureds and their customers sign contracts setting out the terms of their arrangements regarding price, payment terms, delivery schedule and more. But boilerplate legal terms, which often aren’t even read, also contain binding terms and may…
Home insurer goes after ventilation unit manufacturers in subrogated fire claim
March 10, 2021 by Greg MeckbachA subrogated claim arising from a Hamilton area home fire is raising the question of which equipment manufacturer, if any, is liable. In 2013, a fire caused extensive damage to the Ancaster, Ont., home of Mary Arlene and Rudolf Dosen.…
Opinion: Why you should pursue subrogation more often
January 7, 2021 Wilfred Tioh, SIAdvisers Consulting & SolutionsThe most lucrative opportunities are often hidden in plain sight, and that is true of subrogation. Subrogation has long been overlooked as an opportunity for insurers to generate a lucrative revenue stream and improve long-term business. A detailed investigation for first-party…
What can happen if cargo and business interruption insurer file separate subrogated claims
November 24, 2020 by Greg MeckbachTwo subrogated commercial claims, for a total of about $1.5 million, may be headed to trial in Ontario. Among the issues are how Ontario’s Carriage of Goods Regulation applies to goods going in and out of province, and whether a…
Can a strata lot owner launch a subrogated water claim on behalf of its insurer?
November 11, 2020 by David GambrillWe’ve all heard about an insurer launching a subrogated claim on behalf of its insured, but how about an insured launching a subrogated claim on behalf of its insurer? B.C.’s Civil Resolution Tribunal, a type of small claims court, recently…
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…
This little piggie caused a $24-million subrogated claim
April 16, 2019 by Greg MeckbachA $24.3-million lawsuit by an oil and gas company against a contractor over an accident that spilled 60 cubic metres of oil is one of Canada’s largest-ever subrogated claims, a lawyer for the plaintiff says. In ISH Energy Ltd v…
What stopped this $800,000 subrogated pollution claim
February 4, 2019 by Greg MeckbachA subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan…