News & Analysis as of

Canada Insurance Litigation

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

Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions...

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In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of...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

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

Rumberger | Kirk

Florida Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

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Looking for the Most Generous County - When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

Bennett Jones LLP

Ontario Court of Appeal Certifies Class Action Against Sun Life

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On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada, overturning certain parts of the motion judge’s decision and certifying a class action against Sun Life...more

Bennett Jones LLP

Cybersecurity—Loss Due to Social Engineering Attack Covered Under Insurance Policy

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As the number and sophistication of social engineering attacks increases, victims are examining their insurance policies to see if they are covered. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB...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

Bennett Jones LLP

Cybersecurity: When Social Engineering Fraud is Not Covered Under Your Insurance Policy

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We live in an age of escalating cybersecurity threats. Many intrusion threats are social engineering attacks, which seek to gain entry to an organization's computer systems via its personnel and not a hack to the computer...more

Blake, Cassels & Graydon LLP

“All-Risks” Insurance Policies Don’t Cover All the Risks

In a recent decision, Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (Ledcor), the Alberta Court of Appeal (Court) gave guidance on the scope of defects exclusions in “all-risks” construction insurance...more

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