Time is Money: Late Notice and Claims-Made Coverage
Furtado v. Underwriter, 2024 ONCA 579 summarizes the key differences between claims-made and reported policies and occurrence policies in connection with late notice of a ... Continued
A Tackle Too Far: The Standard of Care in Recreational Sports
By Simon Wu Is the careless or reckless execution of a permitted sport maneuver negligent? The British Columbia Court of Appeal, in the recent decision ... Continued
When Mixed Drinks Lead to Mixed Claims: Insurer not Under Duty to Defend Ontario Bar from Personal Injury Suit
By Cameron Fox The Ontario Superior Court of Justice has recently held that a liability insurer is not obligated to defend an insured bar operator ... Continued
The Wrong Kind of Two for One? The South Capital Bridgebuilders Decision Questions the Legitimacy of the Leg 3 Exclusion and what Constitutes “damage” in Property Coverage
In the recent decision of South Capitol Bridgebuilders v Lexington Insurance Company, No. 21-cv-1436, 2023 US Dist. LEXIS 176573 (D.D.C. Sep 29, 2023) (“South Capital”), ... Continued
Policies after the Pandemic: COVID-19 is Still Not Property Damage
By Emily Davies The Ontario Court of Appeal affirmed in SIR Corp. v. Aviva, 2023 ONCA 778 that a commercial all-risks policy did not provide coverage ... Continued
Reinsurance and follow the settlements clauses: What you need to know
The Ontario Superior Court of Justice (Commercial List) recently released a decision regarding a “follow the settlements” clause in a reinsurance agreement. While follow the ... Continued
Congratulations to Clark Wilson’s New Partners
We’re pleased to announce the appointment of five new Clark Wilson Partners Bo Carter, Catherine Repel, Dani Marshall, Jeannette Aucoin, and Polly Storey. Bo Carter ... Continued
Clark Wilson Welcomes New Associate Jacob Foster
We’d like to warmly welcome the newest member of our Insurance, Insurance Coverage, and Infrastructure, Construction & Procurement groups, Jacob Foster. Jacob’s litigation practice covers ... Continued
Will a Flood Exclusion Actually Operate to Exclude Damage Caused by Flood? Alberta Court of Appeal Muddies the Water
By Cameron Fox The Alberta Court of Appeal has, in a split decision, affirmed a decision which found that losses resulting from a flood were ... Continued
Professional Services Exclusion: A Cautionary Note for Trade Contractors
By Satinder Sidhu Commercial General Liability (“CGL”) policies typically provide coverage for businesses against claims for bodily injury and property damage caused through their operations. ... Continued
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
In Sir Corp. v. Aviva, 2022 ONSC 6929, the Ontario Superior Court found that COVID-19 did not constitute “direct physical loss or damage” to property ... Continued