It seems like ages ago the WHO proclaimed that the COVID-19 virus was officially a pandemic. Since then, countless countries implemented quarantine rules, some more restrictive than others, forcing residents to physically isolate themselves in an effort to slow the...
COVID-19 has and will pose a number of challenges for the insurance industry. It will have an effect on claims handlers, brokers, insureds and insurers. No one will be spared. Already we are seeing significant disruption to the industry in the U.S., with calls both at...
In January 2019, I blogged about the summary judgment decision of Demetriou v. AIG Insurance Co. of Canada, which arose as a result of an alleged theft of an expensive ring. At that time, I noted that the motions judge focused on fraud and the decision was silent on...
The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...
An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation. The applicant was National Gallery of Canada (“National Gallery”) and the respondents Lafleur de la Capitale (“Lafleur”) and...
The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when alleging...
