The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

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

Affleck Greene McMurtry LLP

Ardita joins AGM as an Articling Student from Western Law, following several summers working in the mining industry. During law school, Ardita co-founded a program to provide free assistance to small businesses in the Greater Toronto Area struggling through COVID-19. At AGM, Ardita leverages her extensive legal, business, and community engagement skills in all of the firm’s practice areas.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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