The LMA’s Wordings and Contracts Forum is delighted to welcome Eric Dolden and his colleague Gerry Gill of Dolden Wallace Folick LLP back to provide their annual update on Canadian legislation.

Top 10 Canadian coverage cases in 2019

In 2019 there were nearly 100 coverage decisions issued by Judges in Canada. For this presentation we have selected the 10 most important decisions. Each of the top 10 cases has practical and legal implications for both property and liability insurers and most involve a tension between commonly used London wordings and the uniform provisions of the provincial Insurance Acts. Each of the cases constitutes a teaching moment for insurers with a wrap up on lessons learned.

Will Canadian Judges certify a cyber class action, which cases are defensible and what are average class action settlement amounts?

2019 witnessed a record number of cyber class action certification applications in Canada. The results on certification diverge significantly depending upon the class composition, the type of Personally Identifiable Information (PII and PHII) that has been compromised, and the ability of class counsel to properly frame common issues. This part of the presentation will survey the 2019 class action certification requests to assist the London market in identifying when a shock loss can occur. The discussion will also include a review of cyber class action settlement approvals to update the market on average settlement quantum.