“Bad Faith” Insurance Claims
[vc_row][vc_column][vc_column_text]August 6, 2014 By Brian Babcock Insurance policies are a special sort of contract which courts have described as “peace of mind” contracts. That is, part of what we pay for in our premiums is the confidence that, in the event of a loss, we will be treated fairly. Another way that this is sometimes put […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
Punitive Damages: A Top Ten FAQ
July 9, 2014 By Brian Babcock 1. What are punitive damages? Punitive damages are amounts awarded in tort or occasionally in contract cases to punish a wrongdoer for particularly bad behaviour, to promote respect for the law and provide deterrence, that is, to discourage both the wrongdoer and others from repeating the bad behaviour. 2. Are they awarded […]
What Is A “Slip And Fall” Injury?
[vc_row][vc_column][vc_column_text]June 11, 2014 By Brian Babcock What is a “slip and fall” injury? Slip and fall is the term lawyers, judges and others involved in tort claims use to describe injuries which occur when someone slips, trips or falls. The injury might result from falls caused by: water ice or snow debris wet floors abrupt changes […]
April Showers and Insurance
[vc_row][vc_column][vc_column_text]March 19, 2014 By Brian Babcock Massive winter snowfalls in Thunder Bay increase the risk of spring flooding. We hope for a smooth and gradual melt, but if the worst happens, are you prepared? A few things to know about flooding and insurance: Most property insurance does NOT cover flooding. Each insurance policy is different and […]
Changes To Ontario Accident Benefits Will Affect Your Next Renewal
[vc_row][vc_column][vc_column_text]November 2, 2010 By Brian Babcock Effective September 1, 2010 the Ontario standard form automobile policy changed, for the fourth – or perhaps fifth – time in twenty years, to conform to new regulations relating to statutory accident benefits (sometimes referred to as “no fault benefits”). These are the benefits paid beginning immediately after an accident […]
How Much Liability Insurance Do I Need?
[vc_row][vc_column][vc_column_text]October 30, 2009 By Brian Babcock The short answer is as much as you can afford. For most people, liability insurance comes in 2 or 3 forms – home, auto and possibly business. In each case, the liability coverage limit is the maximum amount the insurer will pay on your behalf if you accidentally injure someone, […]
What Is Personal Liability Insurance, Or Umbrella Coverage?
[vc_row][vc_column][vc_column_text]October 16, 2009 By Brian Babcock The Ontario Court of Appeal recently upheld a jury verdict which assessed damages at over $15 million dollars for a motor vehicle case. After contributory negligence, the judgment was $9.5 million. Most automobile policies provide coverage of $1 million, and often insurers will only offer a maximum of two million. […]
Protecting Directors And Corporations With Directors & Officers Insurance
[vc_row][vc_column][vc_column_text]October 23, 2007 By Brian Babcock Many of us give back to our communities by serving as directors and officers of non-profit organizations. As with any other organization, officers and directors of non-profit organizations may be sued. There are also statutory liabilities for unpaid wages, withholding taxes, environmental infractions, and other matters. These are all designed […]
Go-kart Insurance Revisited: The Automobile Insurance Debate
[vc_row][vc_column][vc_column_text]August 27, 2007 By Brian Babcock Go-karts and similar recreational “toys” are particularly difficult to ensure, because, although they are vehicles, they are not automobiles, and therefore, automobile insurers are unlikely to insure them. Recently, a motions court judge in Southern Ontario considered an incident involving an amusement park go-kart. This judge extended coverage to the […]