Aviva Denies Coverage to Businesses Hit Hard by COVID-19 - Lerners Files Proposed Class Actions Against Aviva

As a result of the COVID-19 outbreak, by order of government, the Province of Ontario restricted access to businesses across Ontario, and rightfully so, in order to help contain the spread of COVID-19.  Business owners across the province did their part and closed their non-essential places of business, and even if they were deemed essential, they nonetheless had their businesses severely restricted.

Canadian businesses of all nature and sizes have been impacted, from small and large to private and non-profit organizations. Various regulated health professionals, such as denturists and hearing aid specialists, closed their places of business except for emergency or urgent care. Similarly, non-profit organizations, such as The Royal Canadian Legion and its branches, also had to close their doors, which was especially hard for our veterans across our country whom they serve. The hotel industry has also suffered, as their occupancy plummeted, along with their food and beverage services.  And it is only until recently, for instance, with Ontario’s regional movement to Stages 2 and 3 of reopening that other places of business have been allowed to reopen and had the restriction of access to their business properties lifted by government.

Businesses have been hit hard.  Some have not survived.  Some are barely hanging on.  Prior to COVID-19, many business owners had purchased commercial insurance from Aviva that included Restricted Access Coverage. This coverage was expected to protect businesses for their income losses due to access to their business premises being restricted, in whole or in part, by government because of an outbreak like COVID-19. However, Aviva has denied various businesses, like denture clinics, Royal Canadian Legion branches and hotels, this very coverage.

Lerners LLP has filed various proposed class actions against Aviva Insurance Company of Canada on behalf of denturists, Royal Canadian Legion branches and hotels whose insurance coverage for lost business income relating to COVID-19 was denied by Aviva.

If you are a business owner with an insurance policy issued by Aviva that also included Restricted Access Coverage, and you were denied your loss of business income claim, please contact a member of our Aviva class actions team:

Alfonso Campos Reales, Partner | Lawyer

acamposreales@lerners.ca / 519.640.6362

Peter Kryworuk, Partner | Lawyer

pkryworuk@lerners.ca / 519.640.6317

Kevin L. Ross, Partner | Lawyer

kross@lerners.ca / 519.640.6315

Anthony Bedard, Partner | Lawyer

abedard@lerners.ca / 519.640.6337

For more information on the proposed class actions filed against Aviva, please visit our website.