Claims

Mud + snow tires count as winter tires: Tribunal

British Columbia’s civil resolution tribunal has ruled against a motorist who claims the car he rented did not have proper winter tires because they were marked “mud + snow,” but the motorist is not liable for alleged damage to the rental car. After Stuart Finnegan rented a car from Terrace Motors Ltd. on Jan. 20, […]

By Greg Meckbach | September 28, 2020

3 min read

Why this client wants to take insurer to Supreme Court over family protection endorsement

A motor vehicle personal injury lawsuit, involving Ontario’s family protection endorsement and multiple defendants when alcohol is involved, could be headed to the Supreme Court of Canada. A key question before the top court — if it decides to hear Tuffnail v. Weekes — is what happens when an injured plaintiff wins a lawsuit against […]

By Greg Meckbach | September 25, 2020

5 min read

Feds urged to consider backstop for ‘tail risks’ such as pandemic, quake and flood

Discussions around providing pandemic coverage in the future are highlighting the need to develop a Canadian federal government backstop for other serious “tail risk” events such as earthquakes, floods and wildfires, says the president of the Property and Casualty Insurance Compensation Corporation (PACICC). PACICC protects eligible insurance policyholders from undue financial loss in the event […]

By David Gambrill | September 25, 2020

3 min read

Does COVID lockdown constitute ‘prevention or hindrance of access’ under BI?

Clients who lost business income during the pandemic might not get coverage even if they have coverage for “prevention or hindrance of access,” but this depends on exactly how the policies are worded. The High Court of England and Wales released earlier this month its verdict in a test case launched by the Financial Conduct […]

By Greg Meckbach | September 25, 2020

5 min read