Canadian Underwriter

Topic
Legal


Senior Male Caucasian Golfer Driving off the Tee in Fall
News ClaimsLegal

A golfer’s shot hits a homeowner’s car. Is he liable for not shouting “fore”?

February 7, 2024 by David Gambrill

A golfer who doesn’t shout “fore” before his golf ball damages a nearby homeowner’s car isn’t necessarily liable to pay the auto owner’s insurance deductible. That’s because even if the golfer had issued the warning, the parked car couldn’t get

Accident between an e-scooter and a car.
News ClaimsInsuranceLegal

What types of injuries happen when e-scooters collide with cars?

February 6, 2024 Philip Porado

As you might expect, roadways and especially intersections are the most common places for accidents involving e-scooters that lead to claims and lawsuits. “It’s difficult when a motor vehicle [is] following the rules of the road and, all of a

Hacker spy your data file
News LegalLegislation / RegulationRisk

What the new ‘foreign interference’ guidelines mean for insurers

February 6, 2024 by David Gambrill

Managing third-party risk and conducting thorough background checks are among several regulatory guidelines for banks and insurers looking to protect themselves against ‘foreign interference,’ as outlined in the Integrity and Security Guideline released by Canada’s solvency regulator last week. The

Lithium-ion batteries are proving to be serious fire hazards
News ClaimsInsuranceLegal

Lithium-ion batteries leading to deadly fires – and lawsuits

February 5, 2024 Philip Porado

Canadian property and casualty insurers may need to review their exposure to e-scooter claims, based on fresh claims emerging in the courts. A Vancouver woman is suing several makers of e-bikes and e-scooters following an apartment fire in 2022 in

Businessman sending and showing resignation letter to employer boss. Quitting a job, businessman fired or leave a job concept.
News BrokersEmploymentLegal

What happened after a broker quit without proper notice

February 5, 2024 by David Gambrill

A B.C. broker who quit without giving proper notice under his employment contract doesn’t owe his former brokerage any money for damages, because the brokerage couldn’t prove any lost income due to the resignation, the B.C. Civil Resolution Tribunal has

Sign prohibiting e-scooters
News ClaimsInsuranceLegalMarkets / CoveragesTechnology

Who’s on the hook if e-scooter riders hurt pedestrians?

February 2, 2024 Philip Porado

Many consumers facing sharply rising prices for automobiles, gasoline, and auto insurance are looking to save a buck by switching from four wheels to two. Electric standup scooters powered by small motors have become popular with people looking to get

Secure receiving and sending of messages
News ClaimsLegal

Why the court denied an auto insurer’s ‘shockingly intrusive’ motion

January 30, 2024 by David Gambrill

Editor’s Note:  The Ontario Superior Court decision incorrectly identified the auto insurer in this case as Echelon Insurance. Echelon has contacted Canadian Underwriter to confirm it has reached out to the court to correct the public record and it did

Ottawa, Canada - February 26, 2022: A fence remains in place one week after police cleared the area near Parliament Hill of trucker convoy protesters. Much of the fencing has been taken down but some of it remains near Wellington Street, and other strategic areas.
News InsuranceLegalLegislation / Regulation

Editorial | Public order laws and auto insurance don’t mix

January 29, 2024 by David Gambrill

Anyone seeking clarity on how the federal government’s Emergencies Act was supposed to apply to auto insurance cancellations won’t find it in the Federal Court of Canada’s latest ruling. The Federal Court of Canada last Tuesday found the federal government’s

Food delivery driver in action
News BrokersClaimsInsuranceLegal

How accident claims hit rideshare drivers’ personal auto policies

January 26, 2024 Philip Porado

There seems to be a disconnect between drivers and their insurers about the ability to access personal auto coverage when driving for food delivery or rideshare companies like Uber, Lyft and others. While there’s no hard data to quantify a

A gloved hand is picking up a sports car
News ClaimsInsuranceLegalRiskTechnology

Feds heed auto insurers’ call for auto theft summit

January 24, 2024 by David Gambrill

Canada’s federal government has answered the call by the nation’s auto insurers to promote a whole-of-society solution to a mounting auto theft crisis. A National Summit on Combatting Auto Theft will take place in Ottawa on Feb. 8, 2024, Public

personal injury medical assessment
News ClaimsInsuranceLegalLegislation / Regulation

Why a court upheld a $175K personal injury award against Ontario Place

January 18, 2024 by David Gambrill

Ontario’s Court of Appeal has upheld a $175,000 damage award against Ontario Place in Toronto, finding that Ontario Place had blocked people’s access to the main exit and failed to erect barriers that would have prevented people from leaving the

Icicle hangs from edge of building
News ClaimsConstructionEngineeringLegal

Roof collapses feared if freezing rain follows heavy snowfall

January 16, 2024 by David Gambrill

Fearing a wave of roof collapses could occur in the short term, Toitures Hogue, a large Quebec roofer, is urging owners of commercial, industrial and/or institutional buildings to be cautious and proactive in advance of a freezing rain forecast over