Failure to identify changes in insured risks can render policies voidable
An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists even in the absence of a specific request for them. An insured may face coverage issues if it breaches this obligation and withholds facts that are relevant to an insurer’s determination of the nature and extent of the risk being insured. The Ontario Court of Appeal recently confirmed this well-established principle of insurance law and elaborated on how to determine whether the duty has been discharged in W.H. Stuart Mutuals ... [more] Full article
Insurance Defence Contributors
Ardita Sinojmeri
Ardita Sinojmeri, Associate Lawyer at Affleck Greene McMurtry LLP, has a broad litigation practice spanning commercial litigation, securities litigation, insurance defence, employment disputes, and administrative law. She has appeared before the Ontario Superior Court of Justice and the Ontario Court of Appeal. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Before joining the firm, she was involved in initiatives supporting individuals and businesses navigating complex legal and financial challenges. She was also an Intake Coordinator for the National Canadian Lawyers’ Initiative and has authored legal scholarship, including “Spinning its Wheels: The Canadian Mining Industry’s Human Rights Failures in Guatemala” (2020) in the Mining Law, Finance & Sustainability Research Publication Series.
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David N. Vaillancourt
David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
