Pardon the Interruption

Pardon the Interruption

*** Mikel Pearce is a contributor of this article. In the wake of COVID-19, several class action lawsuits emerged against various insurers in Canada with respect to the scope of business interruption coverage. The issues are nuanced and depend on the specific policy...
Ice Is Back with A Brand New Decision

Ice Is Back with A Brand New Decision

Does slipping on ice next to a vehicle come within the definition of accident under Ontario’s statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm …..read. The Divisional Court has weighed into the (Ice) Age-old debate of whether an incident was...
Clarity on the “Data” Exclusion and the Duty to Defend

Extrinsic Evidence and the Duty to Defend

In a recent decision, an Ontario court found that an insurer has a duty to defend a “software developer” in a U.S. action alleging copyright infringement. In the U.S. action, the insured was alleged to be the head of a group of hackers which sold subscriptions for...
Ice Is Back with A Brand New Decision

Insured’s Coverage Claim Knocked Out

The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general liability policy.  The Claim In Southside Muay Thai Academy Corp. v. Aviva, Raul Fontalvo was the...