If Your Wall Falls Down
October 10, 2024 By Brian Babcock Insurance policies cover fortuitous losses, but what does that mean? Lalani Properties International Inc. v. Intact Insurance Company is a very long Ontario Court of Appeal decision, which we have read so you don’t have to. One of the reasons it is so long is that it deals with […]
Weather and the Law
October 8, 2024 By Brian Babcock Weather- everybody talks about it, but no one does anything about it. In Thunder Bay weather can range from heat in the summer to extreme cold in the winter – with lots of thunderstorms, as the name implies. At Weilers LLP we cannot control the weather, but weather is […]
How To Read An Insurance Policy
August 22, 2024 By Brian Babcock If you have an insurance claim, it may be determined based upon the wording of your insurance policy. These are complex documents that are often hard to understand. THE BASICS Every word means something. Words are given their plain meaning, unless they are a defined term. Words are read […]
Contempt Of Court May Be Fatal To Your Case
August 13, 2024 By Jonathon Clark Penalties for contempt vary greatly, but it is extremely rare to see a “death penalty” where a case is dismissed. It is a central principle of our legal system that wherever possible, cases should be determined on their merits, not based on procedural considerations. ISSUE Something as simple as […]
Insurer’s Pollution Exclusion Did Not Apply
August 6, 2024 By Jonathon Clark Many commercial insurance policies, and homeowners policies, contain forms of pollution exclusions. They vary from policy to policy, but because they are written by insurers, they attempt to severely or absolutely limit the situations in which insurers must indemnify property owners or occupiers for spills. As with any insurance […]
A Dog Does Not Get One Bite
August 1, 2024 By Brian Babcock Do you own a dog? Do you have a tenant that owns a dog? (Do you know?) Are you concerned about your rights if you or a loved one suffers a dog bite? THE ISSUE The saying “every dog is entitled to one bite” is NOT the law. But […]
What is a Proof of Loss?
June 13, 2024 By Brian Babcock Have you delivered your Proof of Loss? A Proof of Loss is a standard form declaration that is required to make a claim against your insurance company. (Statutory Accident Benefits are an exception – they have their own forms) Why is that important? If you fail to deliver a […]
Covid and Business Interruption Insurance
February 20, 2024 By Brian Babcock The Court of Appeal continues to make it difficult to obtain insurance payouts for the COVID pandemic’s effect on your business. THE CASE SIR Corp. v. Aviva Insurance Company of Canada is an example that involves a business interruption claim made by a large chain of restaurants forced to […]
Commercial Insurance Is Not All The Same
February 15, 2024 By Jonathon Clark Have you read your commercial general liability policy? Coverages under these policies vary significantly. Unlike auto policies they are not uniform. Even homeowners policies are usually similar. CGLs vary company by company. Even the same company may issue different policies to cover different risks. THE ISSUES The wordings may […]
Buyer Beware: Insurance Coverage and Misrepresentation
December 28, 2023 By Brian Babcock Did you know that even an innocent misrepresentation on an application for insurance can result in a denial of coverage? The result of non-disclosure or misrepresentation may be that the coverage is void. No one buys insurance hoping that will happen. One of the fundamental principles of insurance is […]