Claims
MASCOUCHE, Que. – Residents of a town north of Montreal on Tuesday were clearing out tree branches and twisted debris scattered by a deadly tornado that tore through the community and killed one of their neighbours. The tornado Monday afternoon carved a destructive path through a residential neighbourhood of Mascouche, Que., snapping mature trees in […]
By Jason Contant | June 22, 2021
4 min read
Hudson’s Bay Company cannot use an “unavoidable delay” clause in a mall lease agreement to stop paying rent to the landlord during the COVID-19 pandemic, a B.C. Supreme Court judge has ruled. COVID-19 was declared a pandemic on March 11, 2020, by the World Health Organization. Shortly thereafter, HBC closed its store at the Cherry […]
By Greg Meckbach | June 21, 2021
Inspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of action,” said Patrick DeLong, an insurance defence lawyer with Marshall Dennehey Warner Coleman & Goggin. […]
2 min read
An eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question provide coverage for a “civil action,” and a remediation order by Ontario’s environment ministry is […]
By Greg Meckbach | June 18, 2021
5 min read
Canada’s property and casualty insurance industry reported a much sunnier financial picture in 2021 Q1 than it did during the same time last year, according to a recent quarterly report by the Property and Casualty Insurance Compensation Corporation (PACICC). Financial results of insurers from the first quarter of this year were “much better” compared to […]
By David Gambrill | June 18, 2021
3 min read
The Court of Appeal for British Columbia has doubled a tort award, for loss of future earning capacity, for a motor vehicle accident victim who had suffered several concussions before he badly injured his head in a rear-end collision. On May 25, 2016, Callum Dornan, then 24, was a back-seat passenger in a Jeep Wrangler […]
By Greg Meckbach | June 17, 2021
A nationwide estimate of coastal, pluvial, and fluvial flood hazard is one part of the ongoing effort to come up with a national approach to insuring or re-locating homes at high risk of flood, a federal government official suggests. Flood mapping is one of five interconnected pieces of residential flood risk management, said Matthew Godsoe, […]
By Greg Meckbach | June 16, 2021
A home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as both her residence and place of business for her tax law practice. Her property was […]
By David Gambrill | June 15, 2021
The withdrawal of “hundreds of millions” of capacity for property risks related to Canada’s oil sands is creating a new challenge for brokers trying to place insurance for oil and gas clients, a broker executive reports. Some insurers have taken positions that they will no longer write insurance for a corporation if a certain percentage […]
By Greg Meckbach | June 15, 2021
A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water leak. Restoration services firm Paul Davis Greater Vancouver recently lost its challenge in the B.C. […]
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