Firm in $1.7-million dispute with insurer

Nina Bombier is quoted in the Law Times article “Firm in $1.7-million dispute with insurer” on January 21, 2019. This article discusses the recent decision in Dentons Canada LLP v. Trisura Guarantee Insurance Company.

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Nina Bombier, a partner at Lenczner Slaght Royce Smith Griffin LLP who acted for Dentons, says the court missed an opportunity to flesh out Canada’s extremely limited caselaw on coverage in the context of these types of fraud.

“In our view, it would have been more efficient to get an initial interpretation of the computer fraud rider, because if it isn’t broad enough to cover what happened here, then everything else ends,” she says. “There is a bit of caselaw around this issue in the U.S. which cuts both ways, so it would have been helpful to get some law here. It’s an important issue, because with cyber security issues, the fraudsters are getting more and more creative all the time.” 

In the 2017 Alberta case of The Brick Warehouse L.P. v. Chubb Insurance Company of Canada, the retailer was denied coverage under its crime policy after falling for a similar scam, but Bombier insists the breadth of the language in Dentons’ policy means her clients should be covered.