Claims
If a commercial insurer does not want business interruption covering a pandemic-related exposure, how should the policy be worded? One insurance defence lawyer would advise the carrier to add a section entitled ‘Pandemic/viral/bacterial infection’ to the list of exclusions. “I would spell out scenarios in which each of those exclusions would apply,” said Ari Krajden, […]
By Greg Meckbach | May 4, 2020
3 min read
MONTREAL – A report into the rupture of a dike in Ste-Marthe-sur-le-Lac, Que., during spring flooding last year suggests several problems including a lack of awareness among the population about the associated risks of living in the area. The report submitted to the province’s Public Security Department, a copy of which was obtained by The […]
2 min read
Liability insurers and courts could be entering uncharted legal territory when dealing with class-action lawsuits against nursing homes or long-term care homes in which residents have become sick and died from the coronavirus. In some cases, a question before a court could be whether it was foreseeable that residents would suffer harm unless certain measures […]
By Greg Meckbach | May 1, 2020
Delays in construction projects, business interruption, and reduced frequency of vehicle accidents will have an impact on insured losses, but it’s too early to predict exact numbers, The Co-operators General Insurance Company suggested in recent securities filing. “Given the many unknowns related to COVID-19, it is too soon to gauge the full impact of the […]
The cancellation of the Wimbledon tennis tournament, and the associated nine-figure insurance payout, is going to change the way the industry offers pandemic coverage, a Canadian commercial broker suggests. A report by Britain-based GlobalData says the Wimbledon organizer paid for pandemic cancellation coverage and is set to receive a payout of £114 million (approximately CAN$199.5 […]
By Greg Meckbach | April 30, 2020
When business interruption coverage disputes arising from COVID-19 make their way into court, judges may look at whether insurers priced for pandemic, but by far the key consideration will be policy language, says one insurance defence lawyer. “Because an insurance policy is simply a contract, albeit with some special features, the insurance policy wording remains […]
FORT MCMURRAY, Alta. – An ice jam on the Athabasca River is nearly half the size it was earlier this week when it caused major flooding in Fort McMurray and forced 13,000 people from their homes. The Regional Municipality of Wood Buffalo says in a statement that the blockage was 13 kilometres in size Wednesday […]
By The Canadian Press | April 30, 2020
FORT MCMURRAY, Alta. – Premier Jason Kenney says the province’s chief medical officer of health is relaxing some COVID-19 restrictions for people who are dealing with flooding in northern Alberta. Kenney says in a tweet sent out late Tuesday that there have been concerns expressed in the Regional Municipality of Wood Buffalo, which includes Fort […]
By The Canadian Press | April 29, 2020
1 min read
Commercial insurers may say that business interruption does not normally apply to the pandemic because coverage only kicks in when there is an insurable property loss. However, some clients’ lawyers are arguing the coronavirus should in fact be considered a physical loss. South of the border, insurance lawyer Charles “C.J.” Haddick knows of one lawsuit […]
By Greg Meckbach | April 29, 2020
Broker advice and advocacy are shining brilliantly during the days of the global pandemic, with insurer products, coverage options and consumer relief packages in a constant state of flux. Many in the P&C industry have noted that broker value has now taken centre stage in the public spotlight. But as author Ken Kesey warns in […]
By David Gambrill | April 28, 2020
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