News & Analysis as of

Canada Insurance Industry

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Bennett Jones LLP

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

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In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more

Stikeman Elliott LLP

Recent Regulatory Developments Impacting the Insurance Sector in Québec

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Over the past few months, there have been a number of regulatory developments in Québec which will have an important impact on the insurance sector. These include: (i) clarifications on how new French language requirements...more

Blake, Cassels & Graydon LLP

Quebec’s Bill 30 Addresses Two Major Areas of Concern in the Financial Services and Insurance Sectors

On May 9, 2024, Quebec’s National Assembly adopted Bill 30, An Act to amend various provisions mainly with respect to the financial sector (Act). Among other things, the Act amends several provisions of the Act respecting the...more

Blake, Cassels & Graydon LLP

Deux importantes brèches colmatées par l’adoption récente du projet de loi n° 30

Le 9 mai dernier, l’Assemblée nationale du Québec a sanctionné le projet de loi n° 30 intitulé Loi modifiant diverses dispositions principalement dans le secteur financier (la « Loi 15 »). Ce projet de loi, qui apporte...more

Blake, Cassels & Graydon LLP

Vente d’une entreprise de distribution d’assurances : mettre toutes les chances de son côté

Le marché fragmenté de la distribution d’assurances au Canada continue de faire l’objet d’un grand volume d’activités de fusion et acquisition (« F&A ») alors que les consolidateurs établis regroupent de petits courtiers...more

Blake, Cassels & Graydon LLP

Getting the Deal Done: Insurance Distribution

The fragmented insurance distribution market in Canada continues to see significant levels of mergers and acquisitions (M&A) activity as established consolidators roll up smaller brokerages and managing general agents (MGAs),...more

Bennett Jones LLP

Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

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In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36 [Abbas], the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

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In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Blake, Cassels & Graydon LLP

La CAA réitère la règle sur les réclamations frauduleuses en common law dans le secteur de l’assurance

La Cour d’appel de l’Alberta (la « CAA ») a rendu sa décision récemment dans l’affaire Abbas v. Esurance Insurance Company of Canada (l’« affaire Abbas »), dans le cadre de laquelle elle réitère la règle selon laquelle un...more

Blake, Cassels & Graydon LLP

Alberta Court Upholds Severe “Common-Law-Fraudulent-Claims” Rule in Insurance Case

In its recent decision in Abbas v. Esurance Insurance Company of Canada (Abbas), the Court of Appeal of Alberta (Court of Appeal) reaffirmed that an insurer has no obligation to indemnify an insured for any loss arising from...more

Blake, Cassels & Graydon LLP

The Exigencies of Excess: Court of Appeal for Ontario Addresses Follow-Form Insurance Policies

The Court of Appeal for Ontario (Court) has reinforced certain interpretive rules governing follow-form excess insurance policies, including the requirement that any exclusions from the coverage terms of the primary policy...more

J.S. Held

Solar Energy Panels: Blind Spots & Risks for Insurers and Owners

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The clock is ticking on fossil fuels. Protecting the environment by “going green” is not only on the near horizon of the power generation industry across the world, but the initiative has been adopted by many other industries...more

Bennett Jones LLP

It's Not "All the Facts and Nothing but the Facts": Assessing an Insurer's Duty to Defend

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In Optrics Inc. v Lloyd’s Underwriters, 2022 ABCA 26 [Optrics] the Alberta Court of Appeal highlights the limits on summary applications by insureds seeking confirmation that an insurer must defend a claim against the...more

Bennett Jones LLP

Captive Insurers: New Alberta Legislation Offers Additional Risk Management Option

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Risk management is an important part of governance planning for every business. Often, risk management means transferring risk to a third-party through the purchase of insurance. Recently, the Alberta Legislature created a...more

Blake, Cassels & Graydon LLP

B.C. Government Takes First Steps to Address Rising Strata Insurance Costs

On September 13, 2020, the Government of British Columbia (Government) announced regulatory changes (Regulations) to address rising strata insurance costs in British Columbia. These changes follow the passage of the Municipal...more

Blake, Cassels & Graydon LLP

Commercial Insurance Considerations During COVID-19

As the COVID-19 pandemic continues to spread and intensify and businesses seek to mitigate financial prejudice, they will consider whether their insurance policies provide coverage that could lessen the blow. This bulletin...more

Blake, Cassels & Graydon LLP

The Coronavirus: Key Business and Legal Implications

The far-reaching effects of COVID-19, otherwise known as the coronavirus, have not spared the business community or the global economy. This unprecedented epidemic is quickly growing into a health crisis with increasing risks...more

Smart & Biggar

True or False? Testing the limits of comparative advertising – Petline v Trupanion

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Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set...more

Pillsbury - Policyholder Pulse blog

The Times They Are A-Changin’ for Cannabis Insurance

Like Bob Dylan, marijuana has gone from symbol of 1960s counter-culture to mainstream appeal. It is telling that Lloyd’s of London (which reportedly insures Mr. Dylan’s vocal chords) has also recently announced that that it...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Big tech (including Facebook, Google [theoretically], and Twitter) is heading back to the Hill (with @jack pulling double-duty, because that’s how he rolls). Here’s what to expect today based on their prepared testimony....more

Robinson+Cole ERISA Claim Defense Blog

Court Awards Pre-Judgment Interest To Kentucky Plaintiff at Massachusetts State Rate but Declines Boston Attorney Rates for...

In Gross v. Sun Life Assur. Co. of Can., No. 09-11678-RWZ, 2018 U.S. Dist. LEXIS 107918 (D. Mass. June 28, 2018), a District Court decided the appropriate prejudgment interest rate for a Kentucky resident was the...more

Blake, Cassels & Graydon LLP

Alberta Court Releases Precedent-Setting Decision on Insurers’ Right and Duty to Defend

In its recent decision in Temple Insurance Company v. Sazwan, the Court of Queen’s Bench of Alberta (Court) considered the scope of, and exceptions to, an insurer’s right and duty to defend. This is the first decision in...more

Blake, Cassels & Graydon LLP

Quebec Introduces Much Anticipated Bill 141 to Revise Framework for Quebec Financial Sector

On October 5, 2017, Quebec’s Minister of Finance Carlos Leitão (Minister) introduced Bill 141, An Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of...more

Blake, Cassels & Graydon LLP

Trends in Insurance: From the Internet of Things to InsurTech

Technology’s Impact on the Industry: Until recently, most investments in insurance technology focused on distribution, policy administration, internal controls and security. Now, telematics, data analytics, wearables and...more

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