In Precision Plating Ltd. v. Axa Pacific Insurance Co., the British Columbia Supreme Court held that the absolute pollution exclusion in a CGL policy did not preclude a duty to defend actions by unit owners in a strata complex arising from a fire…
Read more →This week the Ontario government introduced Bill 189, the Roadside Assistance Protection Act, which, if passed, will finally introduce a regulatory scheme to the towing industry. This will be welcome news to consumers, insurance companies and honest towing companies.
Read more →As the Swiss Re graph on this page indicates, there is more often than not a wide gap between insured (blue line) and economic – or total – natural disaster losses (red line). Consider the 2013 floods in southern Alberta.…
Read more →The impact of natural catastrophes is having an ever-increasing impact on the results of insurers around the world. According to a recent report from Aon Benfield’s catastophe model development arm, natural catastrophes caused roughly $7 billion in insured losses globally…
Read more →Whenever the subject of overland flood insurance for Canadian homeowners comes up, someone invariably will warn against it by bringing up the spectre of the U.S. National Flood Insurance Program. This is somewhat understandable. Insurance premiums for NFIP coverage are…
Read more →Full disclosure here. I worked with Justice Douglas Cunningham on his review of Ontario’s Dispute Resolution System (DRS) and fully support his recommendations. In the process of coming up with his recommendations, Justice Cunningham listened to a lot of users…
Read more →The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The Personal,…
Read more →If we as an industry are to have any shot at all of reducing the impact of sewer backup and basement flooding, we have to start cutting through the myths, misinformation, exaggeration, conventional wisdom and everything else that is getting…
Read more →Kinkade v. 947014 Ontario Inc. c.o.b. as The Silver Dollar, 2014 ONSC 1599, involved a successful motion by the defendant adult entertainment facility for a defence in this action by the plaintiff who sustained personal injuries when shot in the leg…
Read more →Canadian businesses lose an estimated $5 billion annually as a result of cargo theft. Organized by a sophisticated network of criminals, cargo theft involves stealing trucks or trailers full of merchandise to sell for a quick profit. This organized crime…
Read more →It is unfortunate that insurance is continually being influenced by politics. It is frequently used by a party to gain votes prior to an election or simply to stay in power. Currently the Liberal Party (Liberals) in Ontario needs the…
Read more →On February 1st, three amendment to the SABS became effective. These changes were met with criticism by some stakeholders because the Ontario government chose not to consult on the amendments before introducing them. The reaction of stakeholders was predictable with respect to…
Read more →In Kassburg v. Sun Life Assurance Company of Canada, Ontario Superior Court Justice Ellies dismissed the LTD insurer’s motion for an order that the plaintiff’s action is limitation-barred. The defendant insurer asserted that there was a one-year limitation under the contract…
Read more →Whenever a large natural hazard event takes place and things didn’t quite go as desired (and they seldom do), you can bet that you will hear from certain quarters that the storm/flood/wildfire/earthquake “was just too big, there was nothing we…
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