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
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
Most property insurance policies include a one-page document, in relatively fine print, that has a huge impact on whether insurance monies are payable under a ... Continued
When your flood exclusion doesn’t actually exclude loss caused by a flood: A recent example
How will a court resolve ambiguity in a policy where an exclusion purports to remove from coverage damage caused by flood but the same policy ... 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?
A violent knife attack in a firearms store leads to a civil action by the victim against the attacker. A criminal proceeding found the attacker ... Continued
B.C. Supreme Court Reaffirms Low Bar to Trigger an Insurer’s Duty to Defend
KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd, 2022 BCSC 1652 re-affirms that the threshold for triggering the duty to defend is ... Continued
Back to Tort Law Basics – Plaintiff Fails to Establish a Duty of Care for Slip and Fall on a Municipal Sidewalk
In order to advance a claim in the tort of negligence, a plaintiff must first establish that the defendant owes him or her a duty ... Continued
Duty to Defend Triggered: Ambiguous Pollution Exclusion Clause
By Satinder Sidhu. A tragic workplace accident, resulting in the death of the insured, laid the background for the Ontario Court of Appeal’s (the “ONCA”) ... 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
Clark Wilson Welcomes Eight New Associates
Clark Wilson is pleased to announce that Imroz Ali, Kim Brown, Kim Do, Jessica Dorfmann, Jared Knott, Mani Saggu, Lauren Zeleschuk, and Jimmy Zhang, have ... Continued
Out of Bounds: When an Insurer’s Investigation of a First Party Claim Goes Too Far
Aviva Insurance Company of Canada v. Ebhodaghe, 2021 ONSC 7343 provides a reminder to insurers: tread carefully when accusing your insureds of fraud. An insurer’s ... Continued