May 19, 2020 | Insurance
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...
May 15, 2020 | Insurance
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...
May 13, 2020 | Insurance
By: Christiaan A .Jordaan, Counsel The Alberta Court of Appeal recently addressed a recurring coverage issue: the conflict between the broad protection intended by an “all perils” property insurance policy and an exclusion for the costs of making good faulty...
Apr 30, 2020 | Insurance
By: Dylan J. Cox, Litigation Associate On March 23, 2020, the Ontario government announced that to fight the spread of COVID-19, effective March 24th at 11:59 pm, all businesses not deemed “essential” by the government would have to close their physical workplaces.[1]...
Jan 21, 2020 | Insurance
By: Andrae Shaw, Litigation Associate Some policyholders purchase professional fees coverage as an extension to their insurance policy’s general coverage grant. Professional fees coverage is meant to reimburse an insured for the expense of hiring professionals to...
Nov 6, 2019 | Insurance
By: Callum Micucci, Litigation Associate An insurer’s duty of good faith is not extinguished upon the bankruptcy of the insured, the Ontario Superior Court of Justice recently confirmed in Re McEwen (2019 ONSC 5593). Facts In 2009, pedestrian Barbara Lynn Carroll was...