This article was previously posted in August 2019. The Ontario Court of Appeal has held that business interruption claims are not subject to a rolling limitation period. In Marvelous Mario's Inc. v. St. Paul Fire, the appellant insureds commenced two actions claiming...
Property Coverage
How Much Risk Does A Builder’s Risk Risk?
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor? Pre-Eng v. Intact involved a coverage battle between...
Court of Appeal skunks late property loss claims
The Court of Appeal has allowed an insurer’s appeal asserting the one-year limitation period in an all-risk property policy. The decision highlights how important it is for insurance contracts – and especially limitation period provisions in them – to have clear...