Mind the Gap – When Is the Insurer Not Liable?

Insurance claims may start out on a claims handler’s desk, but that doesn’t mean the insurer is necessarily liable. In this YRMC webinar for new claims handlers and adjusters, our panel will provide an introduction to three different but common scenarios where the insurer is not financially responsible for covering the loss.

#1 – Broker or Insurer – Who is Liable?

In this presentation, Amber Harms of Fillmore Riley in Winnipeg will discuss:

• When can claims for coverage be brought against a broker and/or insurer?
• Vicarious liability of the insurer or claims for indemnification, for the actions or inactions of the broker
• The difference between broker and agent
• Case law examples from across Canadian highlighting where the liability has fallen
• Practical tips and tricks to use when liability is not certain

#2 – When Insurance Contracts Can be Voided for Misrepresentation

Kelly Santini’s Valérie Tremblay will discuss:

• Duty of Insured to make full disclosure of material facts
• Insurance contact misrepresentation (Insurance Act. s.183)
• Exception for life insurance policies older than 2 years (Insurance Act s.184)
• The 4-part legal test for Civil Fraud
• Burden of proof for insurers
• Key Court rulings involving misrepresentation

#3 – Breaches and Non-Waiver Agreements

In the final segment, Joachim Chau of CBM Lawyers will discuss:

• Breaching an insured
• Non-waiver agreements
• Coverage under breaches