Waivers of Subrogation Reach New “Heights”

When I graduated law school, I never expected to practice in an area where waivers of subrogation came up so frequently (or at all). Even today, I’m surprised by the number of times an unattended stovetop can lead to complex coverage issues. Coincidence or not, here...

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...

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...

New Case: Priority Limitation Period Enforced

Aviva v. Pafco, Allstate, MVACF, and Belair, Private Arbitration, Arbitrator Jones This was a preliminary issue hearing regarding whether the arbitration was limitation barred. O. Reg 283/95 requires that a priority arbitration be commenced within one year of...

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