B.C. Supreme Court Reaffirms Low Bar to Trigger an Insurer’s Duty to Defend
KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd, 2022 BCSC 1652 re-affirms that the threshold for triggering the duty to defend is ... Continued
Welcome New Associate Bo Carter
We’d like to warmly welcome the newest member of our Insurance group, Bo Carter. Bo’s practice includes specialty insurance defence and insurance coverage matters. She ... Continued
Out of Bounds: When an Insurer’s Investigation of a First Party Claim Goes Too Far
Aviva Insurance Company of Canada v. Ebhodaghe, 2021 ONSC 7343 provides a reminder to insurers: tread carefully when accusing your insureds of fraud. An insurer’s ... Continued
No Freestanding Principle that Assumption of Risk Follows a Covenant to Insure
In Capital Sewer Servicing Inc. v. Crosslinx Transit Solutions Constructors, 2022 ONCA 10 affirming 2021 ONSC 1091, the Ontario Court of Appeal ruled that an ... Continued
BC Supreme Court endorses insurer’s wait-and-see approach to subrogation
In Imperial Metals Corporation v. Factory Mutual Insurance Company, 2022 BCSC 73 the British Columbia Supreme considered an insured’s claim that its business interruption claim ... Continued
Northbridge General Insurance Corp. v. XL Specialty Insurance Co. – “Other Insurance” Provisions May Not Be Triggered Even in the Context of Overlapping Coverage
In the case of Northbridge General Insurance Corporation v. XL Specialty Insurance Company, 2021 BCSC 1682, two liability insurers disagreed over whether the pleadings in ... Continued
A Recent Decision on the Duty to Defend and Additional Insureds
In Oshawa v. MEARIE, 2021 ONSC 6334, the Ontario Superior Court of Justice addressed the following questions that are of interest to liability insurers: How ... Continued
Exclusion Clauses and Subrogation Waivers: The Operation of One Does Not Necessarily Impact the Other
Scaffidi-Argentina v. Tega Homes Developments, 2021 ONCA 738 illustrates the importance of considering the terms of an insurance policy as a whole. The effect of ... Continued
When Is An Insured Obliged to Disclose a Material Change In Risk?
Recently in Drechsler v. Canadian Northern Shield Insurance Company, 2021 BCSC 1673, the BCSC had the opportunity to consider a fresh argument when determining whether ... Continued
Is Commercial Host Liability Expanding?
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that ... Continued
Court of Appeal Finds That “Direct Physical Loss of or Damage” to Insured Property Requires Actual Harm to Property; Physical Alteration Alone Does Not Suffice
In Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237, Prosperity Electric (“Prosperity”) appealed a trial decision where its indemnity claim against its ... Continued
The Sky’s the Limit: Inconsistent Policy Drafting Results in Unlimited Coverage
In Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 (“Surespan”), the Court of Appeal held that there was no limit to a particular area ... Continued