Feb 23, 2021 | Insurance
By: I. Jamie Arabi, Litigation Associate Insurance applications can be challenging. The questions are often ambiguous and remembering every piece of relevant information is difficult. However, being diligent is important, as an insurer may deny coverage of a claim if...
Jan 18, 2021 | Insurance
By: Lawrence G. Theall, Partner By: Dylan J. Cox, Litigation Associate On January 15, 2021, the UK’s Supreme Court (UKSC) rendered its much-awaited decision on business interruption (BI) coverage for COVID-19 (the “Test Case”). See our earlier postings for a review of...
Sep 15, 2020 | Insurance
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...
May 27, 2020 | Insurance
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...
May 25, 2020 | Insurance
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...
May 21, 2020 | Insurance
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...
