- My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan - Howard Borlack, June 05, 2019
- Water Damage Raubvogel et al v. The City of Vaughan et al - Adam Grant, December 30, 2016
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Featured Case: Jung v Cloverdale Mall., et. al. - Marla Kuperhause, May 01, 2015
PROPERTY INSURANCE
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Our Property Insurance Group has expertise in all classes of commercial and personal lines property insurance, including "all risks" and "named perils" commercial property, boiler and machinery, builders risk, course of construction, special risks, inland marine, and homeowners.
Working closely with insurers and professionals in the adjusting, engineering, construction, accounting, environmental, technology, investigation, and management communities, the members of this group are dedicated to providing our clients with the necessary assistance to promptly investigate and assess coverage for virtually any first party property damage and/or time element/business interruption claim.
Our lawyers provide a range of services on a time-sensitive basis, including:
- attending, when and where required, on any loss to assist in the investigation and preservation of critical evidence;
- ascertaining the required expertise and marshalling the appropriate human resources to determine the origin and cause of the loss;
- providing opinions on policy coverage application;
- representing insurers in coverage disputes; and
- aggressively pursuing subrogated recovery in a timely and cost-effective manner.
Members of the Property Insurance Group also enjoy a solid reputation for their ability to work with representatives of various municipal, provincial, and federal regulatory agencies (e.g. the Ontario Fire Marshal's Office, Technical Standards and Safety Authority, and federal, provincial, and municipal police forces). This positive relationship is essential to ensure that the interests of our clients are properly protected in the aftermath of a loss.
- Nuances Between Judge-Alone and Jury Trials by Van Krkachovski, First presented at a client seminar, August 31, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada by Michael Kennedy, February 16, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack, January 08, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- Can a condominium corporation seek recovery of subrogated interests from a unit owner? by Martin Smith and Marla Kuperhause, June 09, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- COVID-19: Taking stock of urgent motions by Ashley Faust, April 15, 2020
- COVID-19: Business interruption – Are you covered? by Peter F. Yaniszewski, April 14, 2020
- A power outage may not qualify for damage on premise: Case Study: La Rose Bakery 2000 Inc. v. Intact Insurance Company (2019 ONCA 850) by Theresa Hartley and Van Krkachovski, January 13, 2020
- A Landlord's duty to maintain a residential property by Marla Kuperhause, First presented at a Client Seminar., August 23, 2019
- My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan , June 05, 2019
- Taking A Dip Into Public Pool Liability: Municipal and Resort Related Liability by James Tomlinson, First presented at a client seminar., February 28, 2019
- Home Sweet Home: What Constitutes "Living in the Same Household" in a Home Insurance Policy , February 05, 2019
- When is a Commercial Owner Liable for a Fall on an Adjacent Sidewalk? , January 28, 2019
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Occupier's Liability: A Board Meeting Gone Wrong Case Comment: Omotayo v Da Costa et al. , This article was reprinted in the July 2018 issue of Condo Business Magazine, April 10, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Your Reservation has changed... Airbnb Regulation in Toronto and Insurance Coverage Issues by Matthew Dugas, July 15, 2017
- Take control of public space and liability may follow: Case Comment - MacKay v Starbucks by Eric Turkienicz, First published in MB Client Newsletter, June 23, 2017
- Keeping the Mould Away: Application of Mould-Based Policy Exclusions by Matthew Dugas, February 17, 2017
- Injunctions to Restrain Breach of Contract - Stipulated Remedy Clauses - Old Habits Die Hard by Hillel David, First published in the Advocates’ Quarterly volume 45, Number 4, February 07, 2017
- Deference to Reasonable Decision made by Condo Boards , January 20, 2017
- Featured Case Study: Water Damage Raubvogel et al v. The City of Vaughan et al , January 18, 2017
- Mould Growth Personal Injury Claims Spreading by Matthew Dugas, First published in the Client Newsletter., December 13, 2016
- Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment , First sent by MB Client Newsletter, December 07, 2016
- Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers , MB Newsletter, May 02, 2016
- Condominium Corporation Issues: The President's View by Peter F. Yaniszewski, First presented at a Client Seminar, December 16, 2015
- Spreading Fires: Issues that Arise When Fires Originate at a Neighbour's House , First presented at a Client Seminar, December 16, 2015
- When all is said and done: Final Releases by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Happy Trails: Strategies for reducing a recreational trail occupier's exposure to liability , First presented at MB's Sports Law Seminar, May 14, 2015
- Waiver of Liability vs. Public Policy - Which Takes Precedence? by James Tomlinson, First presented at MB's Sports Law Seminar, May 14, 2015
- Know your limits! Contributory Negligence in a sport and recreation context by James Tomlinson and Garett Harper, First presented at MB's Sports Law Seminar, May 14, 2015
- What Landlords need to know about Property Tax by Stephen Barbier, First presented at a Landlords Association of Durham Meeting, March 12, 2015
- What Landlords need to know about PIPEDA by Stephen Barbier, First presented at a Landlords Association of Durham Meeting, March 12, 2015
- Pet Problems: Avenues for Landlords to Deal with Problem Pets by Martin Smith, First presented at a Landlords Association of Durham Meeting, March 12, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Cost Effective Resolution of Low Value Claims , February 06, 2014
- Recent Court Decisions: Kruger Products Limited v. First Choice Logistics Inc. et al. , McCague Borlack Subrogation News Alert, November 27, 2013
- The Duty to Defend, Revisited , MB Insurance Coverage Newsletter, May 31, 2010
- Recent Court Decisions, Mohamed v. Banville , MB White Paper, December 30, 2009
- SCC Narrows 'Faulty Design' Exclusion , The Lawyers Weekly, January 15, 2009
TORONTO - 416.860.0001 OTTAWA - 613.569.2855 KITCHENER - 519.340.0500 BARRIE - 705.481.0240 LONDON - 226.781.2127
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