When your flood exclusion doesn’t actually exclude loss caused by a flood: A recent example
By Meera Jain How will a court resolve ambiguity in a policy where an exclusion purports to remove from coverage damage caused by flood but ... Continued
You’re not criminally responsible, but are you covered under your insurance policy?
By Imroz Ali and Sean Tessarolo A violent knife attack in a firearms store leads to a civil action by the victim against the attacker. ... Continued
B.C. Supreme Court Reaffirms Low Bar to Trigger an Insurer’s Duty to Defend
By Denny Chung and Manveer Sall KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd, 2022 BCSC 1652 re-affirms that the threshold for triggering ... Continued
Back to Tort Law Basics – Plaintiff Fails to Establish a Duty of Care for Slip and Fall on a Municipal Sidewalk
By Meera Jain and Brian Poston In order to advance a claim in the tort of negligence, a plaintiff must first establish that the defendant ... Continued
The Duty to Defend in the face of Misrepresentation
By Bo Carter According to the Ontario Court of Appeal in the recent decision of IT Haven Inc. v. Certain Underwriters at Lloyd’s, London, 2022 ... Continued
Duty to Defend Triggered: Ambiguous Pollution Exclusion Clause
By Satinder Sidhu and Imroz Ali A tragic workplace accident, resulting in the death of the insured, laid the background for the Ontario Court of ... Continued
Welcome New Associate Bo Carter
We’d like to warmly welcome the newest member of our Insurance group, Bo Carter. Bo’s practice includes specialty insurance defence and insurance coverage matters. She ... Continued
Out of Bounds: When an Insurer’s Investigation of a First Party Claim Goes Too Far
By Denny Chung Aviva Insurance Company of Canada v. Ebhodaghe, 2021 ONSC 7343 provides a reminder to insurers: tread carefully when accusing your insureds of ... Continued
Northbridge General Insurance Corp. v. XL Specialty Insurance Co. – “Other Insurance” Provisions May Not Be Triggered Even in the Context of Overlapping Coverage
In the case of Northbridge General Insurance Corporation v. XL Specialty Insurance Company, 2021 BCSC 1682, two liability insurers disagreed over whether the pleadings in ... Continued
A Recent Decision on the Duty to Defend and Additional Insureds
In Oshawa v. MEARIE, 2021 ONSC 6334, the Ontario Superior Court of Justice addressed the following questions that are of interest to liability insurers: How ... Continued
Exclusion Clauses and Subrogation Waivers: The Operation of One Does Not Necessarily Impact the Other
Scaffidi-Argentina v. Tega Homes Developments, 2021 ONCA 738 illustrates the importance of considering the terms of an insurance policy as a whole. The effect of ... Continued
Sometimes “corrosion” Just Means “corrosion”: a Return to the Plain Meaning of the Words Used
MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594 Last year, we commented on the Ontario Superior Court’s decision in MDS Inc. v Factory ... Continued