Chapter 1 - Tort
Tort versus Criminal Law
Types of Torts
Joint (Tortfeasors) and Several
(Tortfeasors) Liability
Contributory Negligence
Negligence
The “But For” Test for Causation
The Material-Contribution Test for
Causation
Test of Foreseeability
Proximity
The “Eggshell Skull” Rule
Chapter 5 - The CGL Policy
Coverage A – Bodily Injury
and Property Damage Liability
Defining “Bodily Injury”
Defining “Property Damage”
Pure Economic Loss
When Pure Economic Loss Is
Recoverable under Common Law
Coverage C – Medical Payments
Coverage D – Tenants’ Legal Liability
Expected or Intended Injury
Contractual Liability:
The Most Misinterpreted Exclusion
in a CGL Policy
“Business Risks” Exclusions
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Chapter 2 - Contract
Duty of Good Faith
Insured Contract
Hold Harmless and Indemnity
Agreements
The Benefit of Doubt –
Ambiguity in Contract Wordings
Liability under Tort and Contract
Concurrence Theory/Concurrent
Liability
Chapter 3 - Understanding The
Judicial System
Statement of Claim
Limitation Period
Contribution and Indemnity Claims
Relief/Damages Sought
Issuing and Serving of
the Statement of Claim
Statement of Claim
Served upon an Insured
Defending an Action
Uninsured Pleadings
Summary Judgment
Discovery
Mandatory Mediation
The Cost Benefit Analysis
Chapter 6 - Investigating A Liability Claim
The Insured
The Occurrence
Trigger Theories
The Allegations – Duty to Defend
Duty to Defend an Additional Insured
Investigating a CGL Claim
Investigation with the Insured
Investigation with the Claimant / Third
Parties
Social Media/Video Surveillance
Investigations
Case Law Research
Documenting the Documentation
“Nuisance” Value Settlement
Chapter 4 - Legislative Acts
Occupiers’ Liability
Act, R.S.O. 1990, c. O.2 48
Sale of Goods Act, R.S.O. 1990, c.
S.1 50
Chapter 7 - Reservation of Rights
Legal Doctrine of Estoppel
Waiver by Conduct
Main Elements of an RoR
Conflict of Interest
Reasonable Apprehension
Costs of Defe
Chapter 8 - Final Release
Executed Release
Elements of a Comprehensive
Release
Claims Over Provision
Contribution and Indemnity
Standard Form of Final Release –
IBC
Chapter 9 - Case Law/Claims
Oh Deer!
Oh Crap!
B(A)Rawl
That’s Hot!
Minor Theft
Shot at Karaoke
Turned Tables
BASICS OF GENERAL LIABILITY CLAIMS


Chapter 1 - Parties Involved
Common Carrier
Contract Carrier
Owner Operator
Shipper/Consignor
Consignee/Receiver
Load/Transportation Broker
Freight Forwarder
Customs Broker
Parties Involved When A Claim
Situation Arises
Chapter 6 - Motor Truck Cargo Policy
The Insuring Agreement
Warranties
Unpaid Freight Charges
Debris Removal and Defense Costs
Exclusions
Reefer Machinery Breakdown
Conditions/Clauses
Chapter 7 - Load Broker Liability Policy
The Insuring Agreement
The Fictitious Pick-Up
Contingent Liability
Limitation of Liability - Caution while
Signing Contracts
Errors and Omissions Coverage
Warranties
Exclusions
Chapter 2 - The Contract of
Carriage (Part I)
The Bill of Lading
The Prescribed Form of Bill of Lading
The Bills of Lading Act
Mercantile Law Amendment Act
Received in "Apparent Good Order"
Why Must Bills of Lading Be Issued
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Chapter 3 - The Contract of
Carriage (Part II)
Fundamental Breach of Contract
Transportation Contracts
Declared Valuation
Declared Value is Not the
Shipment Value
What Constitutes a Declared Value
Chapter 4 - The Statutory Regulations
Joint and Several Liability
Limitation of Liability
Notice of Claim
Conditions of Carriage
Deeming" Provisions
Exceptions
Cargo Insurance
A Few Interesting Case Law
Chapter 5 - The Aarmack Amendment
Applicability of Carmack
Exempted Commodities
Cross Border Shipments
Liability Under Carmack
Lost Profits and the Concept of
Lost Volume Sellers
Limiting the Liability
Under Carmack
Defenses, Notice Periods
and Intent to Claim
NMFC Members
Chapter 8 - Investigating a Cargo
Liability Claim
Investigation with the Insured
and Third Parties
Cargo Inspection
Documentation
Freight and the Principle of
"Equitable Set - Off"
Towing
Substantiating the
Value of Shipment
Salvage
Chapter 9 - Probing a
Temperature Abuse claim
Dry Freight Vs
Temperature
Controlled
Understanding the
Workings
of a Reefer/
Temperature Controlled
Unit
What is a Temperature
Abuse Claim?
Warmer Cargo
Colder Cargo
Temperature Recorder
Claims Investigation and
Risk Management Tips
BASICS OF
CARGO LIABILITY CLAIMS
