Claims
Say your client has a policy covering business interruption if the government prevents access to the premises. A pandemic breaks out. Say that client is not completely prohibited from conducting business, but is still losing sales because the government is advising people to stay home. The COVID-19 pandemic has spawned a debate over whether a […]
By Greg Meckbach | January 6, 2021
5 min read
Ontario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine Dawkins claimed to have been injured in an auto accident on Dec. 27, 2018. She […]
By David Gambrill | January 6, 2021
3 min read
A collision repair centre is suing an auto dealership firm that stopped referring work to it amid unproven allegations that the body shop submitted false or fabricated invoices to Aviva Canada, recent Ontario court documents show. In 2013, a firm operating a Porsche dealership in Toronto, together with an Audi dealership in nearby Markham, Ont., […]
Insured losses from natural catastrophes in Canada totalled nearly $2.5 billion last year, Toronto-based Catastrophe Indices and Quantification Inc. (CatIQ) reported Monday. “The years where annual catastrophic insured losses were below $1 billion seem to be a thing of the past; 2020 went one further and surpassed $2 billion in the first half of the […]
By Jason Contant | January 6, 2021
Commercial clients who bought insurance covering a disease outbreak within 25 miles of their premises did not buy coverage for business interruption from a pandemic on a national scale, insurance company lawyers are telling the United Kingdom Supreme Court. Worldwide, many insurers took an off-coverage position after businesses who suffered revenue loss due to the […]
By Greg Meckbach | January 5, 2021
7 min read
The appearance of the word “event” in a “disease radius” clause in business interruption insurance contract could be instrumental in determining whether the client is covered during a pandemic. In a ruling released Sept. 15, the High Court of England and Wales ruled that some BI policy wordings did not cover commercial claimants in Britain […]
By Greg Meckbach | January 4, 2021
A restoration firm dispatched by an insurer to respond to water damage at a British Columbia strata unit cannot collect the nearly $1,400 the contractor says the client owes for emergency services. This is the result of a recent British Columbia Civil Resolution Tribunal ruling. On May 20, 2018, Viktoriia Rogach discovered that water overflowed […]
A landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which operates as TQ Landscapes, is arguing that a lawsuit filed by Ibatete Vuniqi is barred […]
4 min read
A Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was seriously injured in a collision in September 2009. At the time, Tuffnail’s insurer was State […]
By Greg Meckbach | December 16, 2020
A British Columbia couple who cancelled their August 2020 wedding due to pandemic concerns is not entitled by a force majeure (an ‘Act of God’) clause to a refund of $4,000 they paid the would-be venue in advance. The province’s civil resolution trial rejected an application by Melissa Appelt and Tyler Lawrence to order CPM […]
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