KDCA is encouraging members to check into this class action law suit against the insurance companies. This Tort action will probably be a lengthy legal action, if it comes to fruition, the same as the action against big tobacco.
Uma is a contact name at the firm.
Koskie Minsky and the Merchant Law Group have commenced a proposed national class proceeding alleging that Canadian insurance companies have breached their contracts with business owners, and other duties, by refusing to pay for business interruptions caused by the coronavirus pandemic.
On August 20, 2021, Justice Belobaba partially certified this action as a class proceeding, against all Defendants except for the Lloyd’s Defendants, on three “Common Issues”. The Common Issues concern how “physical loss or damage” language in business interruption insurance policies should be interpreted. Once the trial of these Common Issues is resolved, the Plaintiffs can proceed to certify any remaining common issues and proceed to try those.
The Court ordered that the “Class” is defined as all natural and legal persons in Canada, except for those in the province of Québec, that:
(i) contracted with a Defendant for Business Interruption Insurance;
(ii) on or before August 31, 2021, made a claim under their Business Interruption Insurance policy for losses due to:
(A) the actual or suspected infection of staff, agents, customers or other persons with the SARS CoV-2 virus or its variants at the insured premises or within such proximity as may be specified in the insured’s Business Interruption Insurance policy;
(B) the actual or suspected presence of the SARS CoV-2 virus or its variants on the insured premises; or
(C) the order of a civil authority regarding the SARS CoV-2 virus or its variants; and
(iii) were denied insurance coverage for those losses by any of the Defendants.
The following insurance companies are sued in this proposed class action:
· CERTAS HOME AND AUTO INSURANCE COMPANY,
· CO-OPERATORS GENERAL INSURANCE COMPANY,
· CONTINENTAL CASUALTY COMPANY,
· ECONOMICAL MUTUAL INSURANCE COMPANY,
· FEDERATED INSURANCE COMPANY OF CANADA,
· GORE MUTUAL INSURANCE COMPANY,
· INTACT INSURANCE COMPANY,
· CERTAIN UNDERWRITERS AT LLOYD’S SUBSCRIBING TO POLICY NO. LNP2210, CERTAIN UNDERWRITERS AT LLOYD’S SUBSCRIBING TO POLICY NO. SR040046, CERTAIN UNDERWRITERS AT LLOYD’S SUBSCRIBING TO POLICY NO. GASS1300,
· NORTHBRIDGE GENERAL INSURANCE CORPORATION,
· NOVEX INSURANCE COMPANY,
· ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA,
· SGI CANADA INSURANCE SERVICES LTD.,
· THE DOMINION OF CANADA GENERAL INSURANCE COMPANY,
· THE WAWANESA MUTUAL INSURANCE COMPANY, and
· WYNWARD INSURANCE GROUP
Notice of certification and opt-out procedures will be posted on our website when they are available.
If you are interested in participating in this action, it would be helpful if you could provide us the following:
Your telephone number;
Name of your company/business;
Name of the insurance company that you are insured with;
Whether you have made a claim for business interruption coverage (yes/no); and
Whether you would be willing and able to speak to our lawyers should they wish to obtain further information.
A copy of the complete Certification Order is available here.
Should you have any further questions, please do not hesitate to contact us.
Koskie Minsky LLP | Barristers & Solicitors
T 1-866-777-6335| F 416-204-2897 | E firstname.lastname@example.org