Theall Group LLP

Follow

Business interruption insurance resulting from COVID-19 pandemic: what your policy may cover

May 19 2020 In the fight against the COVID-19 pandemic, businesses are closing or restricting their operations across Canada. It is clear is that these measures…

Good-faith obligations survive bankruptcy of insured

November 26 2019 The general position that bankruptcy can substantially vary the rights of insureds has often been argued and rejected. A recent Ontario Superior Court…

Ontario court rejects well-established rules for interpreting insurance policy exclusions

May 14 2019 The Ontario Superior Court of Justice recently concluded that insurance policies should be interpreted differently when multiple insurers are involved…

Speak now or forever hold your peace: court rejects insurer's attempt to withdraw defence

November 19 2019 The Ontario Court of Appeal recently held that an insurer which had defended its insured for 10 months, without a reservation of rights, could not…

Ontario Court of Appeal: insured's failure to provide up-to-date address not breach of duty to cooperate

July 2 2019 The Ontario Court of Appeal recently reconfirmed that an insured's duty to cooperate with defence council appointed by its insurer is not subject to a…

With great power comes great responsibility: Ontario court gives primer on insurance appraisals

April 6 2021 The Ontario Insurance Act requires that every property insurance contract in the province gives the parties a right to require that disagreements…

Insureds in a material world: defining 'material' in the context of coverage

March 9 2021 Insurance applications can be challenging but being diligent is important as an insurer may deny coverage of a claim if an insured incorrectly…

No faulty workmanship in Alberta Court of Appeal's interpretation of common exclusion clause

October 6 2020 The Alberta Court of Appeal recently addressed a recurring coverage issue: the conflict between the broad protection intended by an 'all perils'…

That's cold: insurer ordered to defend claims made against cold storage provider

September 22 2020 The Alberta Court of Appeal has ordered an insurer to defend claims made against its insured's cold storage business, which was sued when its…

Concurrent duty to defend - a team sport

September 15 2020 In a recent case, the Ontario Court of Appeal addressed three important elements of the duty to defend where there is concurrent coverage under two…