Insights/Published articles and Media mentions

Published articles and Media mentions

With a professional commitment to sharing insights and advancing an understanding of legal developments and trends, Miller Thomson’s lawyers are regular contributors to legal and business publications in Canada and internationally.

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Subrogating against government authorities for COVID-19 losses

April 29, 2020 | Vancouver

Introduction The worldwide number of COVID-19 cases is growing daily, with nearly two million currently active cases.[1] Of those cases, approximately 27,000 are within Canada.[2] As the pandemic continues worldwide, more claims have and will be made to insurers regarding...

Proclamation suspending entry of immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak

April 28, 2020

On Wednesday, April 22, President Trump signed a proclamation (the “Proclamation”) suspending entry into the U.S. of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The Proclamation went into effect at...

COVID-19 issues in private M&A: What we are seeing

April 24, 2020

The global outbreak of the novel coronavirus (“COVID-19”) is currently changing – and will continue to change – the way people and businesses operate, as well as the way private M&A practice is being conducted now and most likely moving...

COVID-19 Canadian travel and immigration update (April 22, 2020)

April 22, 2020

Mandatory Quarantine for ALL Travellers Entering Canada Effective April 15, 2020 at 12:01 EDT, all travellers arriving in Canada—whether they are symptomatic or asymptomatic— are subject to a mandatory 14-day quarantine, with the exception of essential workers as defined by...

Causation and concurrent causes of business interruption involving COVID-19

April 22, 2020 | Vancouver

Introduction As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims. As most commercial property policies typically insure against “direct physical loss to the property”, an inquiry into causation is required to determine...

All-risks property insurance: Meaning of physical damage

April 20, 2020 | Vancouver

A recent decision of the Ontario Superior Court of Justice (MDS Inc. v. Factory Mutual Insurance Company (FM Global)) suggests that closures due to COVID-19 could trigger coverage under some business interruption policies. As discussed in a previous Communique, there...

Steps Canadian regulators can (and should) take to minimize the impacts of COVID-19 on insurers

April 20, 2020 | Vancouver

Introduction The Canadian governments, both provincially and federally, have taken many steps to assist different industries survive the economic downturn caused by the coronavirus (COVID-19) pandemic. As of yet, none of these measures have been directly aimed at assisting the...

All perils policies: Is COVID-19 an insured peril?

April 20, 2020 | Vancouver

As the worldwide pandemic continues to rage on, losses faced by businesses increase without any certainty as to when they might end. Such expansive loss has raised many questions for insurers facing potential claims for coverage. One such question is...

The loss of perishable products: Does this constitute physical damage sufficient to trigger coverage?

April 20, 2020 | Vancouver

One of the many issues arising from the coronavirus (COVID-19) pandemic is whether business losses resulting from mandatory and voluntary shut-downs will be covered under business interruption coverage. Most business interruption policies require direct loss or physical damage to property...

Proposed National Class Action filed seeking payouts for business interruption insurance

April 20, 2020 | Vancouver

Introduction A Saskatchewan-based restaurant has launched a proposed national class action challenging insurers’ refusal to pay business interruption claims in relation to losses suffered due to COVID-19.[1] The action names Aviva Canada Inc., Co-Operators General Insurance Company, Desjardins Financial Security...

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