Claims

Will the U.K. decision in a test BI case matter to Canada? Intact and ratings agencies weigh in.

The verdict in the British Financial Conduct Authority’s business interruption test case could have an impact outside of Britain, one credit rating agency warns, but Canada’s largest carrier appears to be largely unaffected. The vast majority of Intact Financial Corp.’s business interruption policies are significantly different from the wordings at issues in The Financial Conduct […]

By Greg Meckbach | September 17, 2020

3 min read

P&C industry braces for a ‘second wave’ of COVID liability

There is an old saying: ‘Fool me once, shame on you. Fool me twice, shame on me.’ As schools across the nation re-open, and as COVID-19 virus infection rates across Canada once again begin to climb, Canadian P&C industry observers are keeping a watchful eye on their clients’ liability exposures. The risks related to re-opening […]

By David Gambrill | September 15, 2020

3 min read

Mixed result in British court ruling in business interruption coverage dispute

If a client has business interruption coverage “following” a notifiable disease within a certain distance, while another has coverage for BI “in consequence” of the same disease, one of those clients could be covered for its COVID-19 closure while the other is not, the High Court of England and Wales has found in a much-anticipated […]

By Greg Meckbach | September 15, 2020

4 min read

Appeal judge: Is the lack of a privacy-breach tort in this province ‘anachronistic’?

British Columbia’s courts need to take a close look at the question of whether the province has a tort for breach of privacy, an appeal court judge suggested in a recent decision arising from a data breach at a Vancouver-based financial institution. “Today, personal data has assumed a critical role in people’s lives, and a […]

By Greg Meckbach | September 14, 2020

3 min read