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Claims
A landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which operates as TQ Landscapes, is arguing that a lawsuit filed by Ibatete Vuniqi is barred […]
By Greg Meckbach | January 4, 2021
4 min read
A Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was seriously injured in a collision in September 2009. At the time, Tuffnail’s insurer was State […]
By Greg Meckbach | December 16, 2020
A British Columbia couple who cancelled their August 2020 wedding due to pandemic concerns is not entitled by a force majeure (an ‘Act of God’) clause to a refund of $4,000 they paid the would-be venue in advance. The province’s civil resolution trial rejected an application by Melissa Appelt and Tyler Lawrence to order CPM […]
3 min read
When it comes to the hospitality sector, insurers’ risk appetites are constantly changing and underwriters are especially concerned about clients who get most of their revenue from alcohol, a managing general agent reports. “A broker has to spend a lot of time on the phone or on e-mail trying to find out what markets are […]
Social inflation essentially describes insurers' increasing legal costs. Why insurers are pinning this primarily on the rise of litigation funding
December 16, 2020
Add $87 million to the more than $2.1 billion that the Canadian property and casualty insurance industry has paid out in claims thus far in 2020. An Ontario windstorm in November hit the Greater Toronto Area, the areas of Hamilton, Niagara and Muskoka, and the Lake Erie and Lake Ontario shorelines, causing $87 million in […]
By Jason Contant | December 15, 2020
2 min read
Data breaches and the impact of COVID-19 on a company’s financial performance are among the “megatrends” affecting directors’ and officers’ liability claims, Allianz Global Corporate & Specialty warned in a report released Dec. 15. “Outside the U.S., securities class actions are being filed in record numbers and the threat of facing an action has increased […]
By Greg Meckbach | December 15, 2020
Agreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance defence lawyer Gemma Healy-Murphy of law firm Rogers Partners LLP. “Your own broker may not […]
By Greg Meckbach | December 14, 2020
When The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came time to accessing the notes of AIG’s claims adjuster. The Nova Scotia Supreme Court recently […]
By David Gambrill | December 14, 2020
A Court of Appeal for Ontario ruling in favour of AIG Insurance Company of Canada, over a coverage dispute arising from an injury to a spectator at a hockey arena, is now final. The Supreme Court of Canada recently announced it will not hear an appeal of Markham (City) v. AIG Insurance Company of Canada, […]
By Greg Meckbach | December 11, 2020
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