Insurance

Broker met duty of care, can’t be an ‘expert in all things’

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent decision dealing with a commercial building destroyed by fire clarifies the standard of care owed by an insurance broker when providing coverage to a client, Toronto insurance defence lawyer Heather Vaughan says. “It is an interesting case because the court confirmed there are stringent duties on the broker — but not for every […]

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Documentation vital in defending winter liability claims

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

Property companies need to have systems in place to demonstrate they are prepared for winter safety hazards in case a mishap leads to a personal injury claim, Toronto insurance defence lawyer Heather Vaughan says. “Property owners should have a risk-management system that contemplates fluctuating weather conditions, including maintaining cleaning systems inside their premises and snow

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Good records key to liability defence

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent decision shows the value of good record-keeping for businesses that use professional cleaners, says Toronto insurance defence lawyer Heather Vaughan. In the case, an Ontario Superior Court judge found the property managers of a department store liable for the injuries suffered by a customer under the province’s Occupiers’ Liability Act, ordering them to

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Liability coverage for negligent parent claims narrowed by appeal court

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent Ontario Court of Appeal (OCA) decision helps clarify when insurance companies are liable in parental negligence cases, Toronto insurance defence lawyer Heather Vaughan tells Law Times. Vaughan, a partner with Benson Percival Brown LLP, says the decision is an important one. “This is a very significant case because it closes off another avenue

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Car dealerships’ duty of care up in the air

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

Car dealerships should step up their safety precautions while courts continue to consider their duty of care to other road users, says Toronto insurance defence lawyer Heather Vaughan. In a recent case, a B.C. Supreme Court judge found a dealership partly liable for damages caused during a police chase following the theft of one of

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Proposed auto insurance changes for Ontario a good start

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

Proposed changes to regulations governing Ontario’s auto insurance are welcome, even though it’s not clear if they will be extensive enough, says insurance defence lawyer Heather Vaughan. “The goals of lowering costs, making the market more competitive, increasing choice and streamlining the process are really good objectives, but we will have to wait and see

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Accident benefits awarded despite illegal, dangerous activity

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent court decision expands the scope of accident benefits coverage, says Toronto insurance defence lawyer Heather Vaughan. The Divisional Court case upheld a Licence Appeal Tribunal adjudicator’s decision to award accident benefits to a woman who hit her head on concrete during a “car surfing” accident. The unanimous three-judge panel found the adjudicator was

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Lawyers should always engage in effective discovery planning

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent Ontario Superior Court decision is a helpful reminder to lawyers that they should be engaging in effective discovery planning, says Toronto insurance defence lawyer Heather Vaughan. “Discovery plans have been in place as part of the Rules of Civil Procedure since 2010,” says Vaughan, a partner with Benson Percival Brown LLP. “While reforms

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Party hosts escape liability for guest’s fall

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

A recent decision shows homeowners shouldn’t be treated like insurance companies when a person injures themselves on their property, says Toronto insurance defence lawyer Heather Vaughan. In the case, a three-judge panel of the Ontario Divisional Court overturned a decision that found the hosts of a 90th birthday celebration 65 per cent liable for injuries

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Pharmacists urged to report claims to insurers early

/ Insurance /
Heather Vaughan
Heather Vaughan
Partner at Benson Percival Brown LLP
(416) 977-9777
hvaughan@bensonpercival.com
Heather Vaughan
Latest posts by Heather Vaughan (see all)

Pharmacists and other regulated professionals should err on the side of caution when reporting claims to their professional indemnity insurers, says Toronto insurance defence lawyer Heather Vaughan. Vaughan, a partner with Benson Percival Brown LLP, recently told an audience at the Ontario Pharmacists Association’s annual conference that as soon as a potential claim arises, it

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