AVIVA COVID-19 BUSINESS INTERRUPTION CLASS ACTION

If you held business interruption insurance with Aviva in Canada at any time between March 1, 2020 through August 31, 2021, your legal rights might be affected. This is a summary of a class action against Aviva Insurance Company of Canada (“Aviva Canada”).

 

What is this Class Action about?

This class action is about whether business interruption insurance offered by Aviva Canada under a variety of different policies provides coverage for losses related to COVID-19. The core of the Class’ claim is that Aviva Canada improperly denied payment for losses suffered by policy holders during COVID-19.

 

The allegations made by the Class have not yet been proven in court.

 

Who is a Class Member?

The Class includes any person, corporation, or other entity carrying on business anywhere in Canada that had business interruption coverage from Aviva Canada and suffered business interruption losses related to COVID-19, regardless of whether they have already submitted notice of a claim to Aviva Canada or not.

 

Please see the FAQ section for more details and the formal class definition.

 

What is Certification?

Certification is a preliminary step in a class action, where the court assesses various criteria before determining whether the proposed representative plaintiffs can advance the claims of all class members through a class action.

 

On March 22, 2023, the Ontario Superior Court of Justice certified the action Nordik Windows Inc. v Aviva Insurance Company of Canada as a class proceeding and appointed Nordik Windows Inc., Cash and Carry Inc., Hangar9 Studios Inc., and Real Food for Real Kids Inc. as the representative Plaintiffs of the Class (the “Nordik class action”).

 

The Nordik class action alleges that Aviva Canada breached its insurance contracts with Class Members by adopting the institutional position that its business interruption policies do not provide coverage for losses caused by COVID-19 and by directly denying claims made by Class Members or discouraging claims to be made. The Nordik class action seeks over $500 million in damages on behalf of the Class.

 

Summary of Your Legal Rights and Options

 

SUBMIT NOTICE OF YOUR CLAIM

Each Class Member is encouraged to submit a claim for coverage under their policy. This is important because the timeline for submitting a claim is in dispute and it will also help the parties evaluate the number of potential claims. The Plaintiffs therefore strongly encourage all Class Members to submit claims as soon as possible. This is a quick and easy process that will take no more than five minutes to complete.

 

To submit notice of your claim, please complete the Loss Claim Reporting Form.

 

DO NOTHING

Each member of the Class who does not opt-out of the class action will be bound by the decisions made in the action, and the terms of any judgment or settlement – whether favourable or not – and will not be allowed to start their own action against Aviva Canada for the same claims. If you wish to opt-out of this class action, please follow the procedure set out below.

 

OPT-OUT

Members of the Class who do not want to participate in the class action must formally “opt-out”. To opt-out you must complete and submit the Opt-Out Form or send by mail to the Notice Administrator, Epiq Class Action Services Canada Inc., a written, signed opt-out election indicating:

 

1. The Class Member’s name and policy number;
2. Your name and contact information, including phone and email address;
3. Your authority to act on behalf of the Class Member; and
4. A statement that the Class Member wishes to opt out.

 

If submitting a Opt-Out Form, please send to the Notice Administrator using one of the following methods:

 

Email

info@AvivaClassAction.ca

 

Mail

Aviva Canada Class Action

c/o Epiq Class Action Services Canada Inc.

P.O. Box 507 Stn B

Ottawa, ON K1P 5P6

 

No Class Member will be permitted to opt out of the class action unless the election to opt out is received by the Notice Administrator on or before:

 

May 19, 2024 at 5:00 p.m. E.S.T.

 

A member of the Class who opts out will not be entitled to participate in the class action, will not be bound by any judgment in the class action, and will not be eligible for any recovery in the class action. A Class Member who opts out may be eligible to pursue a claim in a separate proceeding. If you wish to pursue your own claim in a separate proceeding, you should consult with a lawyer immediately.

 

We recommend you take a few minutes to view the FAQ section for further details about this class action.