Making the Case

Insights, opinions and thoughts from the Singer Kwinter legal team.

Dilenthi S. Warakaulle July 23, 2020 By Dilenthi S. Warakaulle

Safety First in Motorcycle Riding 

With the glorious warm weather upon us, the thrill of jumping on a motorcycle and riding through the streets is undeniable. However, before hopping on, ensure you are prepared to do so, and your motorcycle is road worthy.  Motorcyclists are vulnerable road users given that motorcyclists lack protection and motorcycles are smaller in size in comparison to a car or truck.  If struck, motorcyclists are likely to be very seriously injured. According to Canadian Motor Vehicle Traffic Collision Statistics, in 2018 there were 200 motorcyclist fatalities (10.4% of all road […]

Alfred M. Kwinter June 15, 2020 By Alfred M. Kwinter

Why Experience Matters

When an insurance company receives a claim-what is the first thing it probably looks at? Most likely it turns the claim over to look at the back page. That is where it finds the name of the law firm acting for the Plaintiff. And you can be quite sure that is what concerns the insurance company most. As soon as the insurance person responsible for dealing with claims sees the name of the law firm he or she will know who their opponent will be, how easy or difficult it […]

Shane Kwinter June 10, 2020 By Shane Kwinter

Concussions in Sports – New Legal Safeguards in Place

With summer coming into full swing and the nice weather finally arriving, many of us are eager to start being active outside. Unfortunately, because COVID-19 has derailed most social gatherings, playing team sports has had to be placed on the backburner for the time being.  Once we can reach a point when we can all start playing sports again, it is important to take into consideration the implications of engaging in activities that require a large amount of physical movement and contact. One of the worst outcomes that can arise […]

Alfred M. Kwinter June 9, 2020 By Alfred M. Kwinter

Punitive Damages Against An Insurance Company: What are they? Can I get them?

Punitive damages or “Punies” as we call them, are just as the name implies – a punishment. It’s when the court, either a judge or the jury, decides that the conduct of an insurance company, when dealing with the policyholder, is so unfair and outrageous they will award damages above and beyond the actual claim. Punitive damages are meant not only to punish but to act as a deterrent, discouraging that company and other insurance companies from acting in a similar manner. Punitive damages are meant to send a message. […]

Alfred M. Kwinter June 1, 2020 By Alfred M. Kwinter

The Coronavirus is Killing my Business. Will My Insurance Help?

Given Singer Kwinter’s more than 40 years experience in representing policy holders against insurance companies, it is not surprising that we are receiving calls from panicked business owners asking if they have a claim under their policy for losses due the COVID-19 crises. Insurance coverage is determined by the terms of the policy. Therefore, examination of the insurance policy is a key first step. An insurance policy is a complicated document setting out what losses are covered and those that are not. Losses not covered are referred to as “exclusions” […]

Alfred M. Kwinter May 25, 2020 By Alfred M. Kwinter

When an Insurance Company Denies a Claim – They Usually Win

“As soon as an insurance company denies a claim – they win.”  That’s how I start my opening statement to the jury every time I go to trial against an insurance company. The reason I state that is because I believe it’s true. For example, when someone has suffered a major loss, such as a fire which has destroyed their home or business, a claim is made for the insurance. The insurance company decides they are not required to pay the claim. The policyholder usually has only 3 choices: They […]

Shane H. Katz May 11, 2020 By Shane H. Katz

Business Interruption Claims and the Coronavirus Pandemic

The global coronavirus pandemic has led many governments to close businesses deemed non-essential.  As a result, many business owners have been left with income losses through no fault of their own that they may not be able to recover. Most insurance policies that provide comprehensive coverage to businesses, provide coverage for income losses suffered when a business is unable to operate at its usual capacity because of a peril covered under the insurance policy.  This type of insurance coverage is known as business interruption insurance. Disputes that arise from business […]

Veronica S. Marson May 4, 2020 By Veronica S. Marson

(UPDATE) Singer Kwinter’s Case Prompts Change to Ontario Law on Innocent Co-Insureds

Singer Kwinter’s case has prompted Ontario to change its law on innocent co-insureds in standard home insurance policies. In Soczek v. Allstate, 2017 ONSC 2262, a woman sustained serious burns after her husband tried to hill her by pouring gasoline on her and lighting her on fire in the couple’s home. Her insurer, Allstate, subsequently refused to pay for the fire damage to the home on the basis of an exclusion clause found in standard home insurance policies. The clause –which was interpreted by the Supreme Court of Canada back […]

Susan Dhaliwal May 4, 2020 By Susan K. Dhaliwal

Property Loss – Protecting Yourself Before a Loss Occurs

Property Loss Claim, Before a Loss Occurs We purchase home insurance in the event the unimaginable happens. Often times it is not until after a loss has occurred that we realize our premiums have not bought the peace of mind we thought we had. Claims can be denied or delayed for countless reasons by the insurer. Homeowners can take these steps to protect themselves before a loss to ensure their property claim is processed quickly and fairly as possible: Insurance Application – do not make misrepresentations when applying for insurance. […]

Shane Kwinter March 25, 2020 By Shane Kwinter

Wrongful Dismissal: What You Need To Know

If you were previously employed and find yourself in a situation where you have been terminated, you may have a right to make a wrongful dismissal claim, depending on the circumstances and can contact Wrongful Dismissal Lawyer. There are various factors to consider. First, were you part of a union? If so, unfortunately, this will preclude you from making a claim as members of unions receive their own benefits under a collective agreement. If you were not part of a union, we can look further into the circumstances surrounding the […]