The process of making a business interruption claim represents one of the most complex and demanding experiences a policyholder can face in the insurance relationship. Unlike claims for physical damage to property, where the loss can often be assessed through straightforward inspection and valuation, business interruption claims require the construction of a hypothetical financial reality, one that projects what the business would have earned had the interruption never occurred. This exercise in counterfactual analysis demands extensive documentation, genuine cooperation between the parties, and a sophisticated understanding of how insurers evaluate and adjust these claims. When the policyholder and insurer disagree about the extent of loss or the interpretation of policy terms, the claim can evolve into a dispute that requires formal resolution mechanisms. Canadian professionals advising clients through this process must understand not only the technical requirements of documentation and proof but also the legal framework that governs cooperation duties, the adjustment process, and the resolution of contested claims.
The legal foundation for business interruption claims rests upon the general principles of insurance contract law as codified in provincial insurance legislation and interpreted through decades of common law jurisprudence. In common law provinces, the Insurance Act of Ontario, the Insurance Act of British Columbia, the Insurance Act of Alberta, and substantially similar statutes in Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador establish the framework within which insurers must operate when adjusting claims. These statutes impose obligations of good faith on both parties, require insurers to pay valid claims within reasonable timeframes, and provide mechanisms for resolving disputes. In Quebec, the Civil Code of Quebec governs insurance contracts under articles 2389 through 2628, creating a distinct civil law framework that nonetheless shares many practical similarities with common law provinces regarding claims handling. As of the date of authorship, these provincial frameworks uniformly recognize that the insured bears the initial burden of proving both that a covered loss occurred and the quantum of that loss, while the insurer bears the burden of proving the application of any exclusion it seeks to invoke.