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With great power comes great responsibility: Ontario court gives primer on insurance appraisals

With great power comes great responsibility: Ontario court gives primer on insurance appraisals

Mar 23, 2021 | Insurance

By: Dylan J. Cox, Litigation Associate The Ontario Insurance Act (“the Act”) requires that every property insurance contract in the province give the parties a right to require that disagreements about the amount of an insured loss be resolved via an appraisal...
Insureds in a Material World: Defining “Material” in the Context of Coverage

Insureds in a Material World: Defining “Material” in the Context of Coverage

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...
UK Supreme Court Sides with Policyholders in COVID-19 Business Interruption Test Case

UK Supreme Court Sides with Policyholders in COVID-19 Business Interruption Test Case

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...
British Court issues important decision on Business Interruption coverage for COVID19

British Court issues important decision on Business Interruption coverage for COVID19

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...
Novel Case on Data Exclusion Interpreted in Favour of Insureds

Novel Case on Data Exclusion Interpreted in Favour of Insureds

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...
Court Awards Commercial Prejudgment Interest Rates on Successful Coverage Claim

Court Awards Commercial Prejudgment Interest Rates on Successful Coverage Claim

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...
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Recent Posts

  • Insurance Coverage for Gun Attacks: Carr Law v. Certas Home and Auto Insurance
  • Supreme Court of Canada Clarifies Nullification of Coverage Doctrine
  • Insurers Prevented from Using Subrogation and Assignment Rights to Recover Against Own Insureds

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Latest Articles

  • Insurance Coverage for Gun Attacks: Carr Law v. Certas Home and Auto Insurance
  • Supreme Court of Canada Clarifies Nullification of Coverage Doctrine
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