Sean McGarry quoted in The Insurance Times
The article discusses the importance of understanding and managing the limitations and risks associated with the use of artificial intelligence in the insurance industry: This should help mitigate risks – Sean McGarry, partner at law firm Miller Thomson – said […]
Court of Appeal weighs in on insurance coverage issues over multiple policy years
On February 27, 2024, the Ontario Court of Appeal delivered its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, which involved a variety of coverage issues in the context of a […]
How “Guaranteed” is Guaranteed Replacement Cost? The Ontario Superior Court weighs in
One of the most important decisions homeowners have to make in purchasing their insurance is whether to seek “Guaranteed Replacement Cost” or “GRC”. GRC clauses act to ensure that a building is completely replaced even if the cost of that […]
Ontario Court of Appeal weighs in on securities class actions
The Ontario Court of Appeal recently upheld the dismissal of a class action under the Ontario Securities Act (the “OSA”) secondary market disclosure provisions in Wong v Pretium Resources Inc, 2022 ONCA 549 (“Pretium”). Pretium is the first such action […]
Court of Appeal for Ontario rejects attempt to enforce default judgment against insurer
The Court of Appeal for Ontario has recently released a decision highlighting a little-used provision of the Insurance Act that allows parties to enforce judgments against an insurer directly. Section 132 of the Insurance Act contemplates a party obtaining a judgment […]
The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada
The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number […]
The duty to defend in the face of exclusions: Allegations of intentional acts and the use or operation of vehicles
On May 7, 2020, the Supreme Court of Canada denied leave to appeal from a notable decision of the Ontario Court of Appeal on an insurer’s duty to defend. In Pembridge Insurance Company of Canada v. Chu,[1] the defendant, Fabrizi, […]
When Is It “Appropriate” to Sue an Insurer?
The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers. In Nasr Hospitality Services Inc. v. Intact Insurance[1] the principal of the plaintiff corporation, Mr. Nasr, discovered water damage on the premises of […]
