By: Lawrence G. Theall, Partner England’s Financial Conduct Authority (“FCA”) was largely successful in its test case against eight (8) insurers,[1] with respect to business interruption coverage for infectious disease and/or prevention of access/orders of civil...
By: Dylan J. Cox, Litigation Associate An Ontario judge recently interpreted a data exclusion in favour of the insureds, ordering the insurer to defend claims arising out of an alleged website security breach.[1] A website owned by Family and Children’s Services of...
By: Callum Micucci, Litigation Associate The Ontario Superior Court of Justice recently held that an insurer who wrongfully denied a US$121 million claim must pay prejudgment interest based on the actual cost of borrowing, and not the rates stipulated in the Courts of...
By: Jeffrey A. Brown, Partner Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239 The Ontario Court of Appeal recently addressed three important elements of the duty to defend, where there is concurrent coverage under two policies: whether there was a...
By: Dylan J. Cox, Litigation Associate The Alberta Court of Appeal ordered an insurer to defend claims made against the insured’s cold storage business, which was sued when its warehouse thawed and damaged its customer’s food products.[1] The insurance contract...
By: Andrae Shaw, Litigation Associate In Watt v TD Insurance,[1] the Superior Court of Justice confirmed that interest is payable on judgments against insurers, even where the damages awarded are only to compensate for the loss of chattels. The decision followed an...
