Exclusions | Davidson Cahill Morrison LLP

Flooded Again? Why Your Insurance Denial Might Be a Clue to a Deeper Problem

Peter Reinitzer October 28, 2025

A property owner suffers a devastating flood, makes the panicked call to their insurer, and is told the policy does not cover “overland flooding,” or that the sewer-backup limit falls far short of the repair bill. For many that is the end of the road. But a denial can be a clue that the real problem is not the rain at all, but a construction defect in how the home was built, and that opens a very different path to recovery.

Feeling the Heat: A Homeowner’s Guide to Challenging an Insurer After a Fire

Peter Reinitzer September 23, 2025

Home insurance premiums are climbing across Ontario, hitting cottage-country communities like Huntsville especially hard, as extreme weather and wildfire risk reshape the insurance landscape. The Insurance Bureau of Canada reported over $8 billion in catastrophic losses in 2024. For homeowners facing a denied or underpaid fire claim, this is a guide to scrutinizing the denial and pushing back.

Is Your Lawyer Acting as an Unlicensed Insurance Agent?

David Morin April 21, 2025

When a real estate lawyer orders a title insurance policy for a client, are they quietly stepping into the role of an insurance agent? Read against the Insurance Act’s definition of “agent” and the fact that lawyers are not members of the Registered Insurance Brokers of Ontario, the question is sharper than it looks, and it is one reason a homeowner should not rely on the lawyer who sold the policy to tell them whether they have a claim under it.

Title Insurance - Policy Powers Exclusion

Title Insurance – Police Powers Exclusion

David Morin November 11, 2024

The “Police Powers” exclusion in a Canadian title insurance policy reads as though it swallows almost everything, and some insurers deny claims on that basis. In fact it has to be parsed closely: it carves out a long list of Covered Risks, including building permit and local authority search coverage. This commentary walks through how the exclusion actually works and why a denial that leans on it should not be taken at face value.

A person signing a real estate agreement

Title Insurance Exclusions – “Suffered, Created or Assumed” and “Known to the Insured but not the Insurer”

David Morin October 1, 2024

The “Building Permit” and “Local Authority Search” coverages in a residential title insurance policy come with exclusions homeowners need to recognize. This commentary looks at two of them, “suffered, created or assumed” and “known to the insured but not the insurer,” and explains how the duty of utmost good faith and the policy’s defined terms shape what is actually covered.

The Importance of Title Insurance in Real Estate Transactions

Peter Reinitzer April 23, 2024

Title insurance has become a near-standard part of Ontario real estate deals, protecting both owners and lenders against hidden risks. This guide explains what a title insurance policy typically covers, from fraud and forgery to survey, zoning, and title-defect problems, and the exclusions you should be aware of.