Insurance premiums for Ontario drivers can vary significantly based on a number of factors, including the type of car someone drives, their personal driving record, and the additional add-ons they purchase under their policy. However, some people may not be aware that where they live in the province can also cause their premiums to go […]
Category Archives: Insurance
Jury Awards Insurance Plaintiff Record Punitive Damages
When health issues derail a person’s inability to work and earn income, they will often need to turn to long-term disability benefits to manage financially, if they are fortunate enough to have such coverage. Even with these benefits in place, the situation can necessitate a significant shift in lifestyle. In most cases, the insured person […]
What is a Liability Insurer’s Duty to Defend for an Intentional Tort?
When professionals are insured for liability, whether the coverage is obtained individually, through a professional regulatory body such as the Law Society of Ontario, or through their place of work, what is the insurer’s obligation to defend them? Does the obligation change depending on the basis of the claim against the insured? This was a […]
The “Innocent Insured” Clause in the Insurance Act is not Applicable Retroactively
While property insurance coverage applies to a specific property, it may cover several insured parties. For example, depending on the policy, home insurance might cover multiple members of a single-family, several roommates, and/or tenants who rent a room or a basement unit. This is helpful in that the coverage will extend to each person noted […]
What You Need to Know About Flood Risk & Property Insurance in Ontario
Although temperatures in Ontario are still largely in the freezing range, we have already begun to see flooding when temperatures rise above zero, bringing significant rain and/or melting snow. Some neighbourhoods have had to be completely evacuated as rising waters have severely damaged homes and businesses, rendering some buildings unsafe or uninhabitable. With spring approaching, […]
Proposed Regulatory Changes for Ontario’s Insurance Industry
Regulatory agencies exist primarily to protect the public by providing oversight, practice guidance, and disciplinary action for the industries over which they have jurisdiction. As part of that oversight, these agencies must respond when gaps are identified and provide guidance and recommendations to improve services. Recently, the Financial Services Regulatory Authority of Ontario, which oversees […]
London Building Collapse Gives Rise to Lawsuit, Insurance Claim, and Regulatory Charges
In December 2020, a building under construction at 555 Teeple Terrace in London, Ontario, partially collapsed, killing two construction workers and injuring several more. The legal fallout from the collapse includes a $2 million lawsuit by the families of injured workers, a $4 million insurance claim by the building’s owner, and regulatory charges relating to […]
Update on Pandemic-Related Business Interruption Litigation
Litigation continues across Canada for businesses that suffered severe monetary losses due to pandemic-related service interruptions. There are numerous class action lawsuits in progress against various insurers which have, to date, refused coverage for losses due to government-mandated business closures. In June, we wrote about a case that provided some hope for businesses looking to […]
Court: Criminal History not Material to Life Insurance Policy
People purchase home, life, and automobile insurance to protect themselves and their families from financial hardship after an accident, death, or property damage. Unfortunately, sometimes there is a conflict between the insurance company and the insured in terms of what should or will be covered in the event of a claim. In a recent Ontario case, […]
Business Interruption Litigation Begins in Earnest
We have previously written about the impact of ongoing lockdowns and safety mandates due to COVID-19, and the impact they’ve had on businesses throughout the country. Soon after the pandemic began, in April 2020, we discussed the concept of business interruption insurance and its potential applicability to the situation at hand. In the months since, […]