Property Insurance

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.

Services

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 (i.e. the 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.

Publications

• Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, July 03, 2020
• Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, June 24, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• Licensed Cannabis Growers Are Not Out of the Weeds: Disclosing Marijuana Grow Ops to an Insurer , Whitelaw - Twining, May 15, 2020
• COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts , McCague Borlack LLP, April 29, 2020
• COVID-19: Taking stock of urgent motions , McCague Borlack LLP, April 15, 2020
• COVID-19: Business interruption – Are you covered? , McCague Borlack LLP, April 14, 2020
• MGA Defences Override Alleged Breaches of the OLA , Brownlee LLP, April 06, 2020
• Summary of Emergency Measures For Homeowners , McDougall Gauley LLP, March 25, 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) , January 13, 2020
• A Landlord's duty to maintain a residential property , 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
• Jurisdiction of the Residential Tenancy Branch clarified in Janus v. The Central Park Citizen Society, 2019 BCCA 1773 , May 31, 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. , June 29, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Occupier's Liability: A Board Meeting Gone Wrong Case Comment: Omotayo v Da Costa et al. , 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
• Take control of public space and liability may follow: Case Comment - MacKay v Starbucks , First published in MB Client Newsletter, June 23, 2017
• Home Depot Not Liable for Slip and Fall in Parking Lot , March 22, 2017
• Keeping the Mould Away: Application of Mould-Based Policy Exclusions , February 17, 2017
• When are municipalities granted immunity in a civil action? Case Study: Keyland Development Corporation v Rocky View , February 08, 2017
• Injunctions to Restrain Breach of Contract - Stipulated Remedy Clauses - Old Habits Die Hard , 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
• 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
• Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 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 , 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 , First presented at a Client Seminar, December 16, 2015
• Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties , 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 Precedent? , First presented at MB's Sports Law Seminar, May 14, 2015
• Know your limits! Contributory Negligence in a sport and recreation context , First presented at MB's Sports Law Seminar, May 14, 2015
• What Landlords need to know about Property Tax , First presented at a Landlords Association of Durham Meeting, March 12, 2015
• What Landlords need to know about PIPEDA , First presented at a Landlords Association of Durham Meeting, March 12, 2015
• Pet Problems: Avenues for Landlords to Deal with Problem Pets , 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 , June 01, 2010