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November 23, 2022 – When it comes to civil liability insurance, it’s not uncommon for a primary insurance policy to cover a certain amount, and for any amounts claimed in excess of the primary insurance policy limit to be covered by what is known as an excess insurance policy, until that policy’s limit has been reached. In fact, multiple...

October 24, 2022 – There are a number of situations which might involve the use of a nominee, such as concealing the identity of a building’s true owner. However, the use of a nominee for this purpose is not without certain risks, especially regarding matters of home insurance. The Decision The recent decision rendered by the Superior Court in...

September 27, 2022 – Readers of this newsletter may be aware that liability insurance policies commonly impose, by written condition, obligations on the insured to given timely notice of a claim, to cooperate with the insurer’s defence of a claim and, by way of ‘voluntary payment clause’, provide that any expense the insured may incur without the consent of...

August 29, 2022 – The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the...