Eric S. Charleston

Partner | Toronto

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Portrait of Eric S. Charleston

UK Supreme Court judgment on COVID-19 business interruption insurance test case

Today, the UK Supreme Court handed down its judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch and Others. This judgment was the result of a “leap frog” appeal whereby the FCA and certain insurers...

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Eric Charleston is quoted in Canadian Underwriter article on how business interruption verdict impacts trends clauses

Canadian Underwriter, "How business interruption verdict impacts trends clauses"

If your clients are looking for business interruption coverage arising from the pandemic, a key question is whether there is a “trends clause” in their policy. “In policies with trends clauses, the calculation of loss of business income must take...

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Eric Charleston is quoted in Canadian Underwriter on COVID-19 business interruption claims stemming from government restriction

Canadian Underwriter, "Does COVID lockdown constitute ‘prevention or hindrance of access’ under BI?"

Clients who lost business income during the pandemic might not get coverage even if they have coverage for “prevention or hindrance of access,” but this depends on exactly how the policies are worded. The High Court of England and Wales...

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Eric Charleston quoted in Canadian Underwriter article on U.K. business interruption test case

Canadian Underwriter, "How Canadian courts could be influenced by U.K. business interruption test case"

A recent British court ruling could be good news for Canadian clients who bought insurance covering business interruption from an occurrence of a notifiable disease within a specified distance of their premises, and who had to close due to the COVID-19 pandemic....

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The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada

The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number...

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Eric Charleston is quoted in Canadian Underwriter on COVID-19 Business Interruption coverage

Canadian Underwriter, "When courts might rule against insurers in business interruption coverage disputes"

“We are warning our clients that any ambiguities regarding how public authority or administrative closure provisions are worded are likely to be interpreted against the insurers,” said Eric Charleston, Toronto-based associate with Miller Thomson LLP, who provides coverage advice to...

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Eric Charleston is quoted in Canadian Underwriter on the UK Financial Conduct Authority’s COVID-19 business interruption test case

Canadian Underwriter, "The ‘massive’ business interruption coverage question with no ‘obvious answer’"

Charleston was interviewed in the context of separate but related issue in France. The Tribunal de Commerce de Paris recently ruled against French insurer AXA over a BI dispute with a restaurant that closed this past March because of the...

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David Krebs, Alicia MacNeil, and Eric Charleston are featured as part of Financier’s 2019 Annual Privacy Law Review

Annual Privacy Law Review

Data protection is one of the most important issues of our time. There is a burgeoning understanding, among the general public, across business and throughout the world, of the importance of data and the consequences of a breach. The financial...

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Eric Charleston is quoted in Law Times article on cybersecurity and cyberattacks

Law Times, "Still much to be determined on insurance coverage after cyberattacks"

Eric Charleston, a senior associate with Miller Thomson LLP in Toronto, says that, despite an organization’s best efforts, human error is inescapable. In a recent article Charleston co-authored, he cited a statistic from the Canadian Survey of Cyber Security and...

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Standalone Cyber Coverage a Smart Move as Courts Wrestle with Scope of Computer Fraud and Funds Transfer Fraud Provisions

Cyber Security As Benjamin Franklin said, “[o]ne ounce of prevention is worth a pound of cure.” Canada’s businesses are taking this to heart. According to the Canadian Survey of Cyber Security and Cybercrime, released on October 15, 2018, Canadian businesses...

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Canadian Transborder Data Transfers: OPC Releases Supplemental Discussion Document

As we discussed in a recent blog post on this important issue, the Office of the Privacy Commissioner of Canada (“OPC”) last month announced its intention to interpret the “transfer” of personal information as a “disclosure” rather than a “use”...

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