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Exemption clauses under professional liability policies
First Condo Group Ltd. (“First Condo”) carries on business as a reserve fund planner for condominiums in Ontario. It was insured by Lloyd’s Underwriters under a Professional Insurance Policy from March 2010 to March 2014 on a claims-made basis. In...
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Coronavirus (COVID-19) insurance policy issues
As a special service to our insurance clients, we present an outline of some typical insurance policy issues that may arise out of a contagion such as the Coronavirus. Throughout the current pandemic, we will be available to advise you...
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Occupier’s liability and relationships – troubling times
In Nolet v. Fischer, 2020 ONCA 155, the Ontario Court of Appeal weighed in on a relatively novel occupiers’ liability issue and may have created a new avenue for people to sue their former significant others. In this case, David...
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Bad faith & punitive damages update – case commentary – Stewart v. Lloyd’s Underwriters
Introduction Recently, in Stewart v. Lloyd’s Underwriters, 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of its duty of good faith. Ultimately, the court agreed that punitive damages...
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The Court’s discretion regarding the cost consequences of settlement offers: Exceptions are not the rule
The settlement process promotes judicial economy and efficiency, and eliminates the high costs of proceeding to trial. As such, parties are well-advised to make reasonable offers prior to trial and to consider acceptance seriously. This principle is entrenched in Rule...
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Material Misrepresentation and Material Change in Risk: BC Case Commentaries
Introduction In two recently released cases, the British Columbia Supreme Court considered an insurer’s ability to have an insurance policy declared void ab initio by reason of material misrepresentation and material change in risk. The insurer was successful in one...
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The Changing Landscape of Costs and the Duty to Defend in British Columbia
In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, concluding that insurance policies are not special contracts...
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The Purpose of All Risk Builder’s Insurance
Construction contracts in Canada typically include a requirement that the builder obtain builder’s risk insurance (often known as All Risk Builder’s insurance) which covers both the builder and the owner of the property in the event of loss arising from...
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Standalone Cyber Coverage a Smart Move as Courts Wrestle with Scope of Computer Fraud and Funds Transfer Fraud Provisions
Cyber Security As Benjamin Franklin said, “[o]ne ounce of prevention is worth a pound of cure.” Canada’s businesses are taking this to heart. According to the Canadian Survey of Cyber Security and Cybercrime, released on October 15, 2018, Canadian businesses...
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Setting Aside a Default Judgment: Paolucci Holdings Ltd. v. Girard Insurance & Financial Service Inc., Philip Joseph Girard, Maioha Aroha Productions Inc. and Jordan Corrigal, 2018 BCSC 1810
Introduction Although most insureds report claims in a timely fashion, there are occasions where an insured’s delay may result in default judgment being obtained against the insured. In other instances, the claim may be handled by a claims adjuster, and...
