The Subrogator Strikes Back

Insurer Permitted to Subrogate Despite Builders’ Risk Policy Builders’ risk policies have historically been given broad interpretation, extending coverage to all parties involved in a construction project. When property damage arises, the insurer paying the loss may...

Payback Time: Property Insurer Entitled to Repayment

The recent Ontario Court of Appeal decision of Gore Mutual insurance Company v. Carlin confirms that contracts of indemnity are meant to indemnify an actual loss and not provide a windfall. The facts, surprisingly, are straight forward. The respondents carried on a...

Mind the Gap: Walk Backwards At Your Own Risk

This action was brought against the Village of Kaslo (B.C.) by a plaintiff who sustained damages after falling down an embankment off Water Street (an unpaved alleyway). The Village had erected concrete barriers at the mouth of the street/alley in order to bar...

Dude, Where’s My Cargo?

The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when alleging...

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