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 […]

Ann Grozier December 3, 2019 By Ann Grozier

Holiday Drinking and Social Host Liability

As the holidays approach, it is important to be aware of your legal responsibilities. As a host when serving alcohol at your home. For many years, the Supreme Court of Canada’s decision in Childs v. Desmormeaux, 2006 SCC 18, has been the leading case on social host liability. The case involved a drunk party guest who crashed head-on into another car. While he driving home from a private BYOB New Year’s Eve party. One of the passengers in the other car died and three others were seriously injured. The Supreme […]

Ann Grozier September 28, 2019 By Ann Grozier

I’ve got replacement cost – so what is it?

Few people look at their home insurance policies -even fewer actually read them. If you do happen to read your policy the words you want to see are “Replacement Cost”or “Replacement Value”. And once you do see these words in your policy what do they tell you? Likely very little unless you understand insurance law. Yes, you get the cost of replacing the item but what cost? The cost you paid? The cost or value the item was worth at the time of the loss? Or the cost to replace […]

Ann Grozier August 21, 2019 By Ann Grozier

Alf Kwinter Once Again Named to Best Lawyers® in Canada 2020

Singer Kwinter is proud to announce that our firm has been recognized in the 2020 edition of The Best Lawyers® in Canada. We would like to congratulate Alf Kwinter who has once again been selected by his peers for inclusion in the 2020 edition of Best Lawyers® in Canada as a leading legal practitioner in the areas of Insurance Law, Personal Injury Litigation and Medical Negligence. Best Lawyers® is considered by many as the “Gold Standard in Selecting a Lawyer”. Congratulations to Alf for his continued dedication and this prestigious […]

Ann Grozier July 10, 2019 By Ann Grozier

Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s July 7, 2019 newsletter. 2343697 Ontario Inc. v. Aviva Insurance Company of Canada, 2019 ONSC 3016 (CanLII) Full Decision The Defendants succeeded on a motion for an order requiring that the Plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act. On November 24, 2014, the Plaintiffs suffered property damage at their cottage due to inclement weather conditions. The Plaintiffs submitted a proof of loss dated May 19, 2015. […]

Nga Dang August 19, 2018 By Nga Dang

Ontario Trial Lawyers Association Case Summaries – August 19, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA August 19, 2018 newsletter. Adatia v. Cassar, 2018 ONSC 4321 (CanLII) This is a motion for summary judgment by the Defendant on liability in an action arising from a motor vehicle collision – the Court provides useful comments for cross-examinations on affidavits filed supporting the motion.   Date Heard: June 7, 2018 | Full Decision [PDF] The Defendant brings this motion for summary judgment, asking the Court to determine the issue of liability in his favour […]