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Nova Scotia to increase fines for people using cellphones while driving

October 2, 2014 THE CANADIAN PRESS

HALIFAX – Nova Scotia is going to increase fines and add four demerit points for people convicted of using cellphones while driving as of Feb. 1. Currently, fines range from just over $176 for a first offence to about $350

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Rate reduction target for Ontario auto may ‘negatively impact’ underwriting profitability: OSFI

October 1, 2014 by Canadian Underwriter

The Office of the Superintendent of Financial Institutions (OSFI) has released its annual report for 2013-14, noting that the target in Ontario to reduce auto insurance premiums by 15% could have a negative impact on profitability. “Domestically, personal auto insurance

Albert Wallrap, Associate, Dutton Brock LLP
Feature Legal

Interpretation Clarified

October 1, 2014 Albert Wallrap, Associate, Dutton Brock LLP

A new ruling by Canada’s highest court clarifies contractual interpretation. Trial judges and arbitrators of first instance now have a more enhanced role over contractual interpretation, and one may expect fewer appeals on what a contract says and for commercial arbitration decisions to be less reviewable by courts.

Donald J. McGarvey, Partner, McLennan Ross LLP
Feature Legal

Jurisdictional Considerations in Class Proceedings

October 1, 2014 Donald J. McGarvey, Partner; and Kate Whittleton, Associate; McLennan Ross LLP

While class proceedings are now a well-entrenched part of the legal landscape in Canada, national and multi-jurisdictional class proceedings are becoming the new norm. Absent legislative intervention – or a more co-operative, but less deferential approach – related problems and challenges will unlikely abate.

News InsuranceLegalMergers and Aqcuisitions

Canadians often use phones behind the wheel when stuck in traffic, at red lights

September 30, 2014 by Canadian Underwriter

Traffic delays and being stopped at a red light are common times Canadian drivers use their cell phones while behind the wheel, according to a new survey on distracted driving, conducted by Leger for Allstate Canada. In the nationwide survey,

Feature Claims CanadaLegal

The Liability Line

September 30, 2014 Craig Harris, Freelance Writer

Casualty premiums account for roughly 10 per cent of the overall insurance market in Canada. However, the severity of long-tail liability claims can put disproportionate pressure on adjusters to effectively manage and adjudicate losses. Key risks, such as asbestos and tobacco, have had a huge impact on insurance companies when it comes to reserving for future claims. What are the current risks that insurers and independent adjusters should have on their radar screen? And what emerging exposures may cross the liability line?

Feature Claims CanadaCommercial LinesLegal

P3 and Potential Losses

September 30, 2014 Sean Forgie, national director, casualty/liability, major loss services, Cunningham Lindsey

How the investigation of public-private partnership (P3) claims poses challenges for adjusters.

Feature Claims CanadaLegal

Missed Opportunity

September 30, 2014 Josiah T. MacQuarrie, lawyer, Dutton Brock LLP

Ontario Court of Appeal fails to clarify the duty to defend an additional insured.

Feature Claims CanadaLegal

Priority of Payment

September 30, 2014 Daniel Strigberger, partner, insurance litigation group, Miller Thomson LLP

Establishing a “nexus” or connection is key to finding out which insurance company pays, as one legal case shows.

Feature Claims CanadaLegal

The Related Claim

September 30, 2014 Jared D. Epp, lawyer, Robertson Stromberg LLP

A single related claim must involve analysis of specific facts around each allegation and cause of action.

News CatastrophesInsuranceLegal

CN says 17 rail cars carrying peas derail in east central Alberta, no injuries

September 26, 2014 THE CANADIAN PRESS

VERMILION, Alta. – Canadian National Railway freight train cars have derailed in east central Alberta. CN says 17 freight cars carrying peas derailed Thursday night east of Vermilion. Jim Feeny, a CN spokesman, says there were no injuries and there

News InsuranceLegalMergers and Aqcuisitions

Chrysler recalling nearly 350,000 vehicles; faulty ignition switches could shut down engines

September 25, 2014 THE ASSOCIATED PRESS

DETROIT – Chrysler is recalling nearly 350,000 older model cars and SUVs in the United States, Canada, Mexico and elsewhere to fix ignition switches that could unexpectedly shut off their engines. The recall covers 2008 Jeep Commander and Grand Cherokee