Is There a Need to Review Your Reserves? Introduction Since the decision of the Supreme Court in Mustapha in 2008, the law of “mental distress” has continued to evolve. As some of my colleagues addressed at the Stieber Berlach 2017 Insurance Law Update Seminar, the Supreme Court held in 2017, in Saadati, that a finding of a recognized … Continued
Overview: An award of punitive damages[1] is an exceptional and relatively rare remedy available to plaintiffs in civil proceedings. As suggested by its name, such an award is punitive as opposed to compensatory by nature, straddling the frontier between civil and criminal law. This paper will provide an overview of the legal framework underlying punitive damages, … Continued
More than a decade ago, the Supreme Court of Canada released the decision of Childs v. Desormeaux[1] in which the Court considered for the first time whether hosts of parties where alcohol is served (i.e. social host cases) owe a duty of care to public users of highways who are injured when an intoxicated guest drives … Continued
1. OVERVIEW The appraisal process is an effective and efficient way to quantify a disputed claim under a policy of insurance. It provides an out-of-court mechanism through which qualified individuals can assess and measure the monetary value of a loss. While the commencement of a civil action does not itself preclude the right to trigger … Continued
When is a property owner entitled to replacement cost coverage? What qualifies as a replacement building? This paper will provide you with what the Ontario Court of Appeal has to say on these issues, as recently addressed in its decision Carter v. Intact Insurance Co.[1]. A Primer on the Basis of Valuation in a Property Policy Property … Continued
Overview In Saadati v. Moorehead, the Supreme Court of Canada considered the issue of whether evidence of a “recognizable psychiatric illness” is required to recover for mental injury. Before the Supreme Court’s decision in Saadati, lower courts required that plaintiffs show a recognizable psychiatric illness to recover for mental injury, though the view was not without its critics. … Continued
INTRODUCTION The two biggest questions for which we, as defence lawyers, are engaged are: “what is the liability” and “what are the damages”. Every case management or litigation plan is structured around these two questions. There are strategic assessments of them, separate spreadsheets to assess their intertwining influence, and budgets to assess the costs of answering … Continued
ABSTRACT How should business interruption valuation clauses be interpreted when a catastrophic event has impacted the business’ surrounding economy? Should it be based on historical data only? Cases in the United States have applied the valuation clauses inconsistently, which causes uncertainty and ultimately is to the detriment of both the insurers and the policyholders. This … Continued
