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News AdjustersClaimsClaims CanadaInsuranceLegal

Appraisers in home insurance claims don’t have to be neutral, court finds

February 17, 2022 by David Gambrill

Appraisers in home insurance claims don’t have to be neutral, the umpires do, the Court of Appeal for Ontario has ruled. In Desjardins General Insurance Group v. Campbell, Ruth Campbell made a home insurance claim against Desjardins General Insurance Group after a

Dealer hands over car key to buyer
News ClaimsClaims CanadaInsuranceLegal

Court favours insurer in case that differentiates between leasing and financing

January 14, 2022 by David Gambrill

B.C.’s public insurer is off the hook to pay for vandalism damage done to a car that was jointly owned by the driver and his finance company, because the arrangement between the two car owners was not a true lease.

News ClaimsClaims CanadaCommercial LinesInsuranceLegalReinsuranceRestoration

Excess of loss case should be heard in Canada, not New York: court

January 10, 2022 by David Gambrill

Several excess insurers have lost their bid to have a lawsuit take place in New York instead of Ontario in a mining insurance case brought before the Ontario Superior Court of Justice. Nine of 22 excess insurers argued that the

News ClaimsClaims CanadaInsuranceLegal

Insurer cleared in case of hearing aid replacement mix-up

January 7, 2022 by David Gambrill

A home insurer has been cleared of any liability after a hearing aid supplier produced a different brand of ear phones than had been cited in the initial insurance quote, B.C.’s civil resolution tribunal has found. The small claims court

News ClaimsClaims CanadaInsuranceLegal

Appeal Court overturns $350K bad faith award against public insurer

January 5, 2022 by David Gambrill

Manitoba’s Court of Appeal has overturned a $348,000 damage award against the province’s auto insurer, finding that the insurer did in fact act in good faith towards a person injured in a collision involving an uninsured auto. In making its

News ClaimsClaims CanadaLegal

Lawsuit arising from 1982 vehicle accident dismissed in 2021

December 20, 2021 by Greg Meckbach

A negligence lawsuit against a plaintiff’s lawyer by an Ontario claimant who was injured in a 1982 motor vehicle accident has been thrown out of court. The claimant settled his accident benefits and tort claims in 1999, when he was

News ClaimsClaims CanadaInsuranceLegalRestoration

Strata owner not liable for common-area water damage

December 14, 2021 by Greg Meckbach

A strata corporation can’t recover $25,000 towards water damage repairs originating from a unit owner’s broken toilet water supply line, the British Columba civil resolution tribunal has ruled. On June 23, 2019, water leaked out of a strata lot. The

News ClaimsClaims CanadaEngineeringLegalRestoration

Why pollution liability brokers should pay attention to this auditor general report

December 9, 2021 by Greg Meckbach

The Ontario government should re-visit a rule that leaves polluters off the hook for hazardous spills that cost less than $10,000 to clean up, the province’s auditor general suggests. In 2016, the Ontario environment ministry [now called the Ministry of

News ClaimsClaims CanadaRisk

Ontario clients can operate these large trucks with no formal course

December 8, 2021 by Greg Meckbach

Two years after flagging the issue, Ontario’s auditor general says the transportation ministry has made “little to no progress” in mandating formal training for drivers of all large commercial vehicles. In Ontario, Class A licensed commercial operators need a formal

News ClaimsClaims CanadaInsuranceReinsurance

These socioeconomic factors are driving up property claims

December 7, 2021 by Greg Meckbach

Urbanization, the increasing popularity of solar panels and a greater awareness of what is covered insurance are among the factors driving an escalation of insured property losses, a speaker suggested at last week’s CatIQ Connect conference. “Urbanization means that we

Motorist driving on closes Trans-Canada highway in Abbotsford, BC
News AdjustersClaimsClaims CanadaInsuranceRestoration

Claims adjusters react to B.C. flooding

December 6, 2021 by Greg Meckbach

It’s too early to tell how much the recent “atmospheric river” in British Columbia will cost the industry, but independent adjusters are observing widespread damage. Environment Canada lifted weather alerts for British Columbia on Thursday as storm conditions eased, floodwaters

News ClaimsClaims CanadaCommercial LinesInsuranceLegalLegislation / Regulation

Why insurance regulators’ council wants to stop best-terms pricing

December 3, 2021 by Greg Meckbach

If you are still placing subscription policies using best-terms pricing, you should stop, the Canadian Council of Insurance regulators suggests. “Fair and transparent pricing is essential to a successful marketplace and CCIR Members expect insurers and brokers to cease BTP