FCAC Recommendations

The recent atmospheric river in British Columbia highlights the urgent need for overland flood insurance and reveals the complex process residents face when filing claims after extreme weather events. The most recent atmospheric river hitting British Columbia has served as a stark reminder of the necessity for overland flood coverage insurance and the complexities involved in filing claims after such events. What is Overland Flood Coverage?

Introduction In a recent decision1, the British Columbia Court of Appeal ("BCCA") interpreted a clause that excluded loss or damage caused directly or indirectly by "subsidence". The court upheld the trial judge's finding that the clause was unambiguously worded and clearly excluded coverage for the loss. In addition, the BCCA also agreed with the trial judge's finding that the policy's Extended Water Damage Endorsement (the "Endorsement") did not extend coverage on the facts of the case.

TL Torys LLP More Torys LLP is a respected international business law firm with a reputation for quality, innovation and teamwork. Our experience, our collaborative practice style, and the insight and imagination we bring to our work have made us our clients' choice for their largest and most complex transactions as well as for general matters in which strategic advice is key.