The Average Person’s Perspective Matters when Interpreting an Insurance Policy
By Kim Do The BC Court of Appeal delivered yet another reminder to insurers that, when interpreting policy wording, the policy must be read as ... Continued
Policies In The Pandemic: Covid-19 Does Not Constitute Property Damage
By Denny Chung In Sir Corp. v. Aviva, 2022 ONSC 6929, the Ontario Superior Court found that COVID-19 did not constitute “direct physical loss or ... Continued
Samantha Ip Speaking at American Bar Association’s The Future of Construction Law Conference
Join Clark Wilson LLP senior partner Samantha Ip as she speaks at the American Bar Association’s annual event, The Future of Construction Law Conference, which ... Continued
A mortgagee or not a mortgagee, that is the Standard Mortgage Clause question
By Bo Carter Most property insurance policies include a one-page document, in relatively fine print, that has a huge impact on whether insurance monies are ... Continued
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
Congratulations to Clark Wilson’s Newest Partners!
We’re pleased to announce the appointment of five new Clark Wilson Partners Aaron Pearl, TEP, Andrew Stewart, Maris Holmes, Sean Tessarolo, and Zachary Murphy-Rogers. Aaron ... 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