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
When Is An Insured Obliged to Disclose a Material Change In Risk?
Recently in Drechsler v. Canadian Northern Shield Insurance Company, 2021 BCSC 1673, the BCSC had the opportunity to consider a fresh argument when determining whether ... Continued
Is Commercial Host Liability Expanding?
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that ... Continued
Court of Appeal Finds That “Direct Physical Loss of or Damage” to Insured Property Requires Actual Harm to Property; Physical Alteration Alone Does Not Suffice
In Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237, Prosperity Electric (“Prosperity”) appealed a trial decision where its indemnity claim against its ... Continued
The Sky’s the Limit: Inconsistent Policy Drafting Results in Unlimited Coverage
In Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 (“Surespan”), the Court of Appeal held that there was no limit to a particular area ... Continued
Civil Resolution Tribunal Jurisdiction Declared Unconstitutional
On March 2, 2021, the Supreme Court declared the legislation authorizing the Civil Resolution Tribunal (CRT) jurisdiction over certain collision claims unconstitutional. In April 2019, ... Continued