Claims

Tornado damage in Leamington, Ontario could run into “tens of millions of dollars”: former IBC president

Stanley Griffin, a former president and CEO of the Insurance Bureau of Canada (IBC), suggests the damage caused by an F1 tornado that hit his hometown of Leamington, Ontario on June 7 might run into “tens of millions of dollars.”No official estimates are available yet, as the number of claims has yet to be tallied.Griffin […]

By Canadian Underwriter | June 8, 2010

2 min read

Claims

All-risk property exclusion does not apply to all forms of settling: Alberta court

It is illogical to think the insurer of an all-risk property insurance policy would intend to exclude damage to a building resulting from any kind of “settling,” regardless of how that settling was caused, according to the Alberta Court of Appeal. In Engle Estate v. Aviva Insurance Company, the plaintiff sued its all-risk property insurer […]

By Canadian Underwriter | June 8, 2010

1 min read

Claims

Cedents advised to get reinsurers’ blessing when settling class action claims

Primary insurers should make sure they get the blessing of their reinsurers when attempting to resolve class action claims, according to Mark Lichty, partner at Blaney McMurtry LLP. Lichty was speaking at the Canadian Defence Lawyers Annual Meeting & Conference, The Alchemy of Advocacy, in Toronto. This issue is now arising with much greater frequency, […]

By Canadian Underwriter | June 8, 2010

1 min read

Claims

Two F1 tornadoes open the 2010 season in Southern Ontario

Environment Canada has confirmed the first two tornadoes of the 2010 season in Southern Ontario. An F1 tornado with estimated wind speeds of between 117 km-h and 180 km-h tracked eastward near the villages of Dalkeith and Ste-Anne-de-Prescott at about 5 p.m. on June 5, 2010. The damage path was eight kilometres long and ranged […]

By Canadian Underwriter | June 7, 2010

2 min read

Ontario Court of Appeal “tweaks” the forum conveniens law: lawyer

The “real and substantial” test in forum non conveniens law has been modified by the Ontario Court of Appeal in Van Breda v. Village Resorts Ltd., according to David A. Bertschi, a partner at Bertschi Orth Smith LLP. “That, from my perspective – and I would hope from your perspective – is somewhat significant, because […]

2 min read

Ontario Court of Appeal cautions against using evidence outside statement of claim to determine a duty to defend

The Ontario Court of Appeal has cautioned against using ‘extrinsic’ evidence – evidence other than the allegations contained in a statement of claim – to determine an insurer’s duty to defend assault allegations under a homeowner’s policy.In Meadows v. Meloche Monnex Insurance Brokers, Meloche Monnex appealed the decision of a lower court that found the […]

2 min read

Southern Manitoba floods trigger Crawford’s catastrophe response team

A flood that washed over southern Manitoba on May 29-30 has caused more than $1 million in damages, not including damages resulting from sewage back-ups, cbc.ca reported.Heavy rains and high winds flooded basements, washed-out roads and downed power lines, forcing communities in the area to declare a state of emergency, a Crawford & Company (Canada) […]

1 min read

Up to 15% chance of a major earthquake hitting B.C. area over next 50 years

There is a 10-15% of a mega-earthquake hitting the northern segment of the Cascadia Subduction Zone at some point during the next 50 years, according to research from Oregon State University.The northern segment of the Cascadia Subduction Zone covers an area from Vancouver Island, B.C. to Seaside, Oregon.On the other hand, a 37% chance exists […]

1 min read

Ontario court strikes down allegations that would significantly increase designated drivers’ responsibilities

The Ontario Superior Court has struck down sections of a statement of claim that would have significantly increased the responsibility of a designated driver to look after intoxicated passengers.The court dismissed allegations that would have effectively imposed on designated drivers a duty of care to supervise and control their passengers’ alcohol consumption prior to driving […]

2 min read

Paul Kovacs named lead author for IPCC climate change report

Paul Kovacs, executive director of the Institute for Catastrophic Loss Reduction (ICLR), has been chosen as a lead author of an Intergovernmental Panel on Climate Change (IPCC) report. Specifically, Kovacs will serve as lead author of Chapter 26, North America, of the Working Group II contribution to the IPCC’s Fifth Assessment Report (AR5). The appointment […]

1 min read