SDV Insights

On March 30, 2020, the Ontario Superior Court of Justice released its opinion in the MDS, Inc. et al v. Factory Mutual Insurance Company case. While the case is favorable to policyholders with business interruption claims under "all risk" policies, attorneys representing policyholders are particularly excited as Justice Wilson's adoption of broad interpretation of "resulting physical damage" may be very useful in pursuing coverage for business interruption losses related to COVID-19 exposures.

As all insurance coverage attorneys know, how courts interpret certain words and phrases in insurance policies is significant since one word can make the difference between a claim being covered ...

Just as the businesses in the US were becoming familiar with the EU General Data Protection Regulation ("GDPR") and realizing it may apply to them, Canada came out with its own data privacy regulations under the Personal Information Protection and Electronic Document Act ("PIPEDA").

Lloyd's of London has authorized its syndicates to underwrite insurance for the cannabis industry in the newly-legalized Canadian market. As of October 17, 2018, the Canadian cannabis industry will become legal at the highest national level.

The European Union's General Data Protection Regulation (GDPR) went into effect on May 25, 2018, and despite the publicity and prognoses of doom, it did not have any immediate earth-shattering effects. At most, you may have noticed a flood of requests to re-subscribe to websites or to review a company's updated privacy policy. In fact, many non-EU-based businesses may not even notice that the GDPR is now effective because they have been dismissing it as a regulation that "does not apply to us."

Self-insured retentions ("SIRs") and deductibles are often confused with one another. In a recent decision, Henry v. Thyssenkrupp Elevator (Canada) Limited, the Ontario Superior Court of Justice found that an SIR is similar and functionally related to a deductible. Although the policy in question was subject to an SIR, the Court treated it like a deductible. This case may prove helpful to Canadian policyholders seeking additional insured coverage.

On July 14, 2017, the Trump administration released a statement indicating that the United States intends to sign the U.S. - EU bilateral insurance agreement. The announcement came several weeks after the Council of the European Union adopted a decision authorizing the signing of this agreement.

On March 29, 2017, Prime Minister Theresa May triggered Article 50 of the Treaty of Lisbon, which gives any member of the EU the right to leave. The UK has the next two years to negotiate an exit deal, which means that, barring any extensions, the UK will officially leave the EU by April of 2019.

Two Canadian cases have recently touched upon the concept of international arbitration provisions and enforcement of international arbitral awards.

SDV has been serving policyholders and insurance brokers in the United States for over 20 years. As part of its continuing growth, SDV has been expanding its insurance coverage expertise to include more multinational clients. The firm feels it can bring a unique perspective to growing insurance markets, such as Central and Eastern Europe.