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Data risk, privacy breach and insurance coverage

Blaney McMurtry LLP
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Canada
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May 7 2013

The advent of cloud computing has meant that the data storage capacity available to business and institutions has become limitless. Vast data

Recent developments in Canadian insurance coverage litigation: consideration of selected issues

Blaney McMurtry LLP
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Canada
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November 29 2012

Past opening remarks at Canadian insurance coverage conferences by the authors have often reflected a perceived dearth of coverage law in Canada relative to that south of the border

Employer liability in the administration of benefit plans

Blaney McMurtry LLP
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Canada
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October 10 2012

Employers are facing increasing claims as a result of their failure to provide employee benefits andor their negligence in the handling of benefit issues

The innocent insured: intent vs. negligence

Blaney McMurtry LLP
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Canada
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May 24 2012

On April 27, 2012, the Ontario Court of Appeal released its decision in Durham District School Board v. Grodesky, on review from the Ontario Superior Court

Vicarious liability in the context of leased and rented automobiles

Blaney McMurtry LLP
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Canada
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January 19 2012

On March 1, 2006 the amendments to the Insurance Act (“IA”), the Highway Traffic Act (“HTA”) and the Compulsory Automobile Insurance Act (“CAIA”), which reformed the rules for vicarious liability with respect to leased and rented automobiles, came into force

In a class action, can the insurer choose to opt out? Or does that decision belong to the insured?

Blaney McMurtry LLP
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Canada
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November 21 2011

In the just released decision of the Ontario Court of Appeal in Zurich Insurance Co. v. Ison T.H. Auto Sales Inc., the Court reaffirmed the long established principle that the Insured is in control of the litigation until he or she has been fully indemnified for both the insured and uninsured losses

Commercial general liability insurance policies - the duty to defend post-Progressive Homes

Blaney McMurtry LLP
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Canada
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November 18 2011

This paper reviews key issues relating to CGL insurance policies and the latest case law respecting, the reasonable expectations doctrine, approaches to policy interpretation and the duty to defend in light of Progressive Homes and recent caselaw concerning pollution exclusions

Miracle - is it what insurers have been waiting for?

Blaney McMurtry LLP
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Canada
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September 30 2011

On April 26, 2011, the Ontario Court of Appeal released its decision in ING Insurance Co of Canada v Miracle (c.o.b

Who's on first? Analyzing additional insured issues in commercial losses

Blaney McMurtry LLP
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Canada
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May 12 2011

Who's On First?

Restoring the pollution liability exclusion’s intent

Blaney McMurtry LLP
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Canada
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April 29 2011

It appears the Court of Appeal has given new life to its earlier reasoning in Ontario v. Kansa by its decision in the just released ING v Miracle case

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