Canadian coverage, focused on coverage disputes, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.
20 verified publications. Showing the 20 most recent.
The Supreme Court held that Commonwealth had no duty to defend Suncor's claims against an engineering contractor and its parent. A turnkey exclusion captured the design and construction project alleged, despite the pleading of separate duties to warn and supervise.
A vacant building's exposed rear wall breached its policy warranty despite repairs to a front fence. The insurer owed no indemnity for the fire, but repayment and final costs remained unresolved.
Canadian renewal rates are falling, but US exposure, rebuilding exclusions and climate pressures complicate what those savings mean.
An English court allowed US$550,134.52 in crew expenses. The ruling separates the cost of protecting a stranded vessel from other losses.
The Supreme Court held that Lombard owed a duty to defend the contractor against water-damage claims. The pleadings disclosed a possibility of covered property damage, and the successive policy exclusions didn't eliminate it.
A person denied insurance coverage may understandably call the provincial Superintendent of Insurance and expect an independent ruling on the claim. Newfoundland and Labrador's published complaint
September’s Canadian insurance developments didn’t point to one national legal rule. They pointed to something more useful: outcomes are increasingly turning on the exact operational detail, from notice requirements and disclosure duties to endorsements, approved forms and capital treatment.
British Columbia’s Court of Appeal dismissed an insureds’ appeal where an undisclosed marihuana grow operation had been found to be a material change in risk. The materiality and nondisclosure findings were not challenged on appeal and were enough to resolve the coverage dispute.
Ontario’s Court of Appeal held that a mandatory mortgage broker fraud endorsement covered client money misappropriated while it was held in trust for a proposed mortgage transaction. The regulatory purpose of the required insurance mattered to how the policy was read.
Panasonic’s ransomware response costs attracted the cyber policy endorsement’s US$3 million retention even though it paid no ransom and claimed under broader coverage. Ontario’s Court of Appeal allowed XL’s appeal, leaving the approximately US$2 million claim entirely within Panasonic’s retention.
A claims relationship can become unnecessarily adversarial when every request from an adjuster is treated as the insurer’s final position.
Ontario’s Court of Appeal sent a greenhouse coverage dispute back for trial after finding that the earlier analysis focused too narrowly on the immediate cause of the crop loss.
The Supreme Court held that guaranteed rebuilding coverage increased the amount available to rebuild a destroyed home but did not erase a separate exclusion for added legal compliance costs.
The Ontario Court of Appeal held that the statutory no change in insurability requirement is a condition for a life insurance contract to take effect and is distinct from the later contestability rules.
The Ontario Court of Appeal upheld coverage after finding no substantial breach of the insured’s duty to cooperate and no error in applying a notice cure without insurer prejudice.
The Supreme Court dismissed homeowners' appeal, holding that a guaranteed rebuilding cost endorsement increased available insurance limits but did not displace the policy's separate exclusion for costs of complying with conservation authority rules. A limited $10,000 extension remained, and two judges dissented in part.
After an insurance denial, preserve the policy and evidence, identify the stated reason and choose the appropriate escalation route.
An insurer legal-department letter should be read for who counsel represents, what is requested and whether any coverage issue is raised.
Alberta has a statutory dispute-resolution process for amount-of-loss disputes, including appointment of representatives and an umpire when needed.
Business insurance denials can be challenged through internal review, complaint processes, appraisal where applicable or litigation.
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