Lloyd’s of London and International Insurance

We understand the mechanics of insurance – the need to assess and manage risk and deal with it effectively when claims arise. Our Lloyd’s of London and International Insurance Practice is one of the largest independent insurance practices in Canada, offering a full range of services to brokers, insurers, captive companies and re-insurers, as well as self-administering deductible programs. Our Canadian Lloyd’s of London and International Insurance Practice provides policy construction, coverage and defence services involving professional indemnity, product liability, property, financial product and medical insurance.

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Displaying 1-10 of 55

When Is It “Appropriate” to Sue an Insurer?

The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers. In Nasr Hospitality Services Inc. v. Intact Insurance[1] the principal of the plaintiff corporation, Mr. Nasr, discovered water damage on the premises of...

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Construction on First Nations Land: Determining the Applicable Building Code

Introduction As recognized by the Standing Senate Committee on Aboriginal Peoples, most on-reserve housing and infrastructure is poorly built, in serious disrepair and under-supplied.[1]  This recognition has led to an increase in construction projects on First Nations lands, which will...

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Legalized Cannabis 101

Cannabis will be a legal product in Canada on October 17, 2018. Legalized cannabis raises a number of potential liability issues that should be on every insurer and insured’s radar. The New Regime An Act respecting cannabis and to amend...

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Letting Sleeping Dogs Lie: A Risky Strategy

Background In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin (“Plaintiff”) filed an action in the amount of $100,000.00 as against Residence Sainte-Claire (“Residence”) which arose out of a slip and fall, on its premises. A default judgment was rendered against...

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Who is My Neighbour? SCC Rules on Foreseeability and the Duty of Care in Tort Law

In Canadian tort law, a duty of care requires a relationship of sufficient proximity.  That relationship is informed by the foreseeability of an adverse consequence of one’s actions, subject to policy reasons that a duty of care should not be...

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The Duty to Defend Triggered Notwithstanding Environmental and Pollution Exclusion Clauses

In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the “Insureds”) brought an action against Economical Mutual Insurance Company and Intact Insurance Company...

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Case Commentary: Himark Homes Ltd. v Janas, 2017 BCSC 1719 and Subrogated Warranty Claims Against Building Consultants

Introduction All new homes constructed in British Columbia are required to be protected by home warranty insurance obtained by the builder.  Generally, pursuant to the terms and conditions of the warranty insurance, the builder is required to remediate any deficiencies...

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Cybersecurity In Canada: What to Expect in 2018

Globally, 2017 saw a year-over-year increase from 2016 in the number cyberattacks and data breaches that were reported in the media and to various regulators. Canadian organizations (public and private) were no exception to this global trend. Interestingly, attackers did...

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Liability Issues for Architects Revisited: An Analysis of Vermilion & District Housing Foundation v Binder Construction Limited

In the June 6, 2017 decision of Vermilion & District Housing Foundation v Binder Construction Limited, 2017 ABQB 365, the Alberta Court of Queen’s Bench considered claims by a building owner against multiple parties arising from alleged defects with the...

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Cybersecurity: Are Social Engineering Attacks Covered Under Insurance Policies?

Cybersecurity incidents are a popular topic of coverage in the press. These incidents range from hacking into organizations that hold a large quantity of data about clients, employees, vendors and other stakeholders to duping employees to transfer funds into fraudulent...

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Displaying 1-10 of 55

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