Audit, Compliance and Risk Blog

Buyer’s Guide to Active Shooter Coverage

Posted by STP Editorial Team on Tue, May 30, 2017

By Paul Marshall and Karen Masullo

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Tags: Workplace violence, Insurance, Insurance Claims

Director’s Liability Insurance Does Not Cover Personal Guarantee Given By Director

Posted by Ron Davis on Thu, Jul 14, 2016

In Great American Insurance Co. v. Ramsoondar (2016 ABQB 73), the Alberta Court of Queen’s Bench was asked to declare that a director and officer liability insurance policy did not cover the losses claimed against Fredy v. Ramsoondar pursuant to a personal guarantee he granted to Faunus Group Inc. (FGI), a client of United Protection Services Inc. (UPSI). UPSI was a wholly owned subsidiary of United Protection Services Group Inc. (UPSG), and UPSG obtained a director and officer liability policy from Great American Insurance Co., and listed Ramsoondar as its chief financial officer on the policy.

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Tags: Insurance, Insurance Claims, Canadian, directors, directors & officers

Super Priority Charge Over Insolvent Corporation’s Assets Despite Existing Insurance Coverage

Posted by Ron Davis on Tue, Mar 01, 2016

The Ontario Superior Court of Justice issued an initial order in an insolvency proceeding under the Companies’ Creditors Arrangement Act (CCAA) providing a $3.1 million director’s charge even though the directors were covered by an existing D&O liability insurance policy and indemnities from the company (Re P.T. Holdco Inc., 2016 ONSC 495). The CCAA proceedings involved various corporate entities involved in the Primus telecommunications service business in Canada and the United States. Primus’ business was failing and it had arranged to sell its business to another company and wished to use the CCAA to finalize the sale and distribute the sale assets while its creditors were stayed from enforcing their claims.

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Tags: Corporate Governance, Insurance, Canadian, directors, directors & officers

Mold Damage Insurance Claim: When It Doesn’t All Come Out in the Wash

Posted by Barry Zalma on Wed, May 14, 2014

In February 2014, the U.S. Supreme Court declined to take up a closely-watched legal battle concerning claims against manufacturers and retailers of front-loading washing machines accused of causing mold infestations.

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Tags: Business & Legal, Insurance, Insurance Claims, mold

Understanding Insurance Law: ERISA Has No Limitation of Suit Provision

Posted by Barry Zalma on Wed, Apr 16, 2014

Bridget Gordon (“Gordon”) appealed a district court’s summary judgment in favor of Deloitte & Touche, LLP Group Long Term Disability Plan (the “Plan”), which is insured by Metropolitan Life Insurance Company (“MetLife”). The summary judgment was granted based on Gordon’s failure to file the action within the applicable limitation period. In Bridget Gordon, Plaintiff v. Deloitte & Touche, LLP Group Long Term Disability Plan, No. 12–55114, United States Court of Appeals, Ninth Circuit (April 11, 2014) the Ninth Circuit Court of Appeal was called upon to determine what statute of limitation, if any, applies to an ERISA claim.

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Tags: disability claim denied, Corporate Governance, Business & Legal, Employer Best Practices, Employee Rights, Insurance, Insurance Claims, Disability benefits

Construction Litigation: No Privity No Suit

Posted by Barry Zalma on Wed, Mar 12, 2014

People who are victims of a construction defect will seek as many defendants as possible to recover the costs of repairing and replacing the defects. Sometimes they will file one suit naming every possible defendant. Other times they will attempt to file separate suits against the various categories of defendants thinking it best to divide the defendants and then conquer them independently and thereby avoid excessive litigation costs.

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Tags: Corporate Governance, Business & Legal, Health & Safety, Insurance, Insurance Claims

Insurance Law: Public Adjusters: Proceed with Caution

Posted by Viola Funk on Tue, Feb 11, 2014

When filing insurance claims for cases involving extensive damage, consumers sometimes choose to hire a public adjuster (PA) to help them submit the claim to their insurer. The PA handles every detail of the claim, working closely with the policyholder and the insurer to obtain a prompt and reasonable settlement.

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Tags: Corporate Governance, Business & Legal, Insurance, Insurance Claims

Canadian Oil Industry—Liability Insurance for Rail vs. Pipeline

Posted by STP Editorial Team on Wed, Jan 29, 2014

Canadian regulators are focusing their attention on facilitating development in the oil and gas industry, and they are also increasing the accountability of operators. Significantly, environmental liability insurance requirements are expected to increase for both pipeline and railway operators, reducing the extent to which governments and taxpayers cover the costs of cleanup and other damages caused by spills and accidents.

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Tags: Business & Legal, Environmental risks, Environmental, Oil & Gas, Insurance, Insurance Claims, Transportation, Canadian

Understanding Insurance Law & Mold: Winning Damages for Loss & Injury

Posted by Viola Funk on Tue, Nov 12, 2013

A recent case in British Columbia’s Supreme Court illustrates the difficulty of winning damages for loss and injury attributed to mold.

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Tags: Business & Legal, Environmental, Insurance, Insurance Claims, mold

Insurance Archaeology: Do You Know Where Your Policies Are?

Posted by Viola Funk on Fri, Oct 04, 2013

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Tags: Corporate Governance, Business & Legal, Insurance, Insurance Claims