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Theall Group LLP | Canada | 6 Apr 2021

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

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

Theall Group LLP | Canada | 9 Mar 2021

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

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

Theall Group LLP | Canada | 6 Oct 2020

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

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

Theall Group LLP | Canada | 22 Sep 2020

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

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…
Article

Theall Group LLP | Canada | 15 Sep 2020

Concurrent duty to defend - a team sport

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…
Article

Theall Group LLP | Canada | 25 Aug 2020

Court awards commercial pre-judgment interest rates on successful coverage claim

The Ontario Superior Court of Justice recently held that an insurer which wrongfully denied a US$121 million claim must pay pre-judgment interest…
Article

Theall Group LLP | Canada | 21 Jul 2020

Novel case on data exclusion interpreted in favour of insureds

An Ontario judge recently interpreted a data exclusion in favour of the insureds, ordering the insurer to defend claims arising out of an alleged…
Article

Theall Group LLP | Canada, USA | 19 May 2020

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

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

Theall Group LLP | Canada | 10 Mar 2020

Covered for professional fees: let the church say amen

Some policyholders purchase professional fees coverage as an extension to their insurance policy's general coverage grant to reimburse an insured for…
Article

Theall Group LLP | Canada | 26 Nov 2019

Good-faith obligations survive bankruptcy of insured

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