The “Data” Exclusion and the Duty to Defend

Insurance in the time of COVID-19

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...
Extraterritorial Application of Insurance Act? ONCA is having None of It

Burden of Proof vs. Fraud: Back to Basics

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...
When is Your Mom Your Landlord?

When is Your Mom Your Landlord?

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...