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ONCA Confirms Insurers Must Bear Their Own Pre-Arbitration Costs Absent Deflection

In the recent decision of Echelon General Insurance Company v. Unifund Assurance 2025 ONCA 324, the Ontario Court of Appeal allowed Unifund’s appeal settling the issue over whether arbitrators deciding priority disputes under Regulation 283 may routinely order one insurer to reimburse another insurer for its pre-arbitration expenses, outside of situations where s. 2.1(7) of Regulation…

Beyond Repair: Valuing Residential Property Loss in Litigation

When a residential property is destroyed due to negligence, assessing damages is a critical factor for insurers in evaluating litigation risks. This can be particularly important when an insurer has provided coverage to replace a destroyed residential property and is contemplating the extent they could recover damages from the wrongdoer. The plaintiff will commonly seek…

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