BLG's insurance lawyers monitor key rulings on insurance claim, policy interpretation, and coverage disputes to provide clients with practical insights they can act on. Whether you're dealing with complex commercial policies or emerging risks, our newsletter helps you understand how significant court decisions and regulatory changes might affect your business insurance strategy.
Download our latest quarterly issue below or connect with our insurance law team to discuss how these developments impact your organization.
In this edition (Fall 2025)
Kashin v G.E.S. Construction Limited (Duty to Defend – Ontario)
Ontario Court of Appeal confirmed Lloyd's Underwriters had no duty to defend G.E.S. Construction after voiding Land Pride's policy ab initio for material misrepresentation. Despite Lloyd's brief policy renewal and premium acceptance, the court found no waiver or estoppel, emphasizing that conscious intention to abandon void rights is required.
Intact Insurance Company v. Hydromec Inc. (Duty to Defend – Québec)
Québec Court of Appeal overturned lower court ruling, finding Intact had no duty to defend Hydromec against AIG's subrogated claim based on legal warranty of quality. The claim was clearly excluded by the policy's defect exclusion clause, reinforcing that insurers need not defend claims explicitly excluded by policy terms.
Kushniruk v. O'Reilly Insurance Ltd. (Broker Negligence – Saskatchewan)
Saskatchewan court found O'Reilly Insurance negligent for failing to inform apiary operator Kushniruk that desired bee and larvae coverage was unavailable, despite acting as Co-operators' agent rather than Kushniruk's broker. Court awarded only the $963 premium paid, as Kushniruk couldn't prove damages or alternative coverage availability.
1048977 B.C. Ltd. v. Aviva Insurance Company of Canada (Quantum of Loss – British Columbia)
B.C. Supreme Court found Aviva breached good faith duty by undervaluing restaurant business income loss, failing to consider plaintiff's accountant's detailed valuation, and canceling policy after cash settlement without warning. Court ordered additional $2.28 million payment but denied punitive damages, emphasizing insurers must conduct balanced investigations.
