The Subrogator Strikes Back

Jul 23, 2018 | Subrogation

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

Jul 18, 2018 | Property

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

Jul 16, 2018 | Property

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?

Jul 9, 2018 | Coverage

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...