Claims
RSA and the World Wildlife Fund (WWF) are working together to help create a network of Marine Protection Areas (MPAs) in order to protect fish stocks and coastal communities’ livelihoods.In a global report on emerging environmental risks, RSA notes a correlation between the health of the Canadian fishing industry and the number of marine insurance […]
By Canadian Underwriter | June 9, 2010
1 min read
Stanley Griffin, a former president and CEO of the Insurance Bureau of Canada (IBC), suggests the damage caused by an F1 tornado that hit his hometown of Leamington, Ontario on June 7 might run into “tens of millions of dollars.”No official estimates are available yet, as the number of claims has yet to be tallied.Griffin […]
By Canadian Underwriter | June 8, 2010
2 min read
It is illogical to think the insurer of an all-risk property insurance policy would intend to exclude damage to a building resulting from any kind of “settling,” regardless of how that settling was caused, according to the Alberta Court of Appeal. In Engle Estate v. Aviva Insurance Company, the plaintiff sued its all-risk property insurer […]
Primary insurers should make sure they get the blessing of their reinsurers when attempting to resolve class action claims, according to Mark Lichty, partner at Blaney McMurtry LLP. Lichty was speaking at the Canadian Defence Lawyers Annual Meeting & Conference, The Alchemy of Advocacy, in Toronto. This issue is now arising with much greater frequency, […]
Environment Canada has confirmed the first two tornadoes of the 2010 season in Southern Ontario. An F1 tornado with estimated wind speeds of between 117 km-h and 180 km-h tracked eastward near the villages of Dalkeith and Ste-Anne-de-Prescott at about 5 p.m. on June 5, 2010. The damage path was eight kilometres long and ranged […]
By Canadian Underwriter | June 7, 2010
The “real and substantial” test in forum non conveniens law has been modified by the Ontario Court of Appeal in Van Breda v. Village Resorts Ltd., according to David A. Bertschi, a partner at Bertschi Orth Smith LLP. “That, from my perspective – and I would hope from your perspective – is somewhat significant, because […]
The Ontario Court of Appeal has cautioned against using ‘extrinsic’ evidence – evidence other than the allegations contained in a statement of claim – to determine an insurer’s duty to defend assault allegations under a homeowner’s policy.In Meadows v. Meloche Monnex Insurance Brokers, Meloche Monnex appealed the decision of a lower court that found the […]
By Canadian Underwriter | June 4, 2010
A flood that washed over southern Manitoba on May 29-30 has caused more than $1 million in damages, not including damages resulting from sewage back-ups, cbc.ca reported.Heavy rains and high winds flooded basements, washed-out roads and downed power lines, forcing communities in the area to declare a state of emergency, a Crawford & Company (Canada) […]
By Canadian Underwriter | June 2, 2010
There is a 10-15% of a mega-earthquake hitting the northern segment of the Cascadia Subduction Zone at some point during the next 50 years, according to research from Oregon State University.The northern segment of the Cascadia Subduction Zone covers an area from Vancouver Island, B.C. to Seaside, Oregon.On the other hand, a 37% chance exists […]
The Ontario Superior Court has struck down sections of a statement of claim that would have significantly increased the responsibility of a designated driver to look after intoxicated passengers.The court dismissed allegations that would have effectively imposed on designated drivers a duty of care to supervise and control their passengers’ alcohol consumption prior to driving […]
By Canadian Underwriter | June 1, 2010
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