Topic
Adjusters
Adjuster’s fine halved on appeal in a replacement cost dispute over a tractor
April 15, 2021 by David GambrillA Manitoba insurance adjuster has been fined for failing to carry out instructions from an insurer to inform a claimant about how to replace their tractor under the terms of the insurer’s Limited Waiver of Depreciation. The adjuster, Douglas Boyd…
Intact wins the battle, but loses the war, in Alberta wildfire claim
April 7, 2021 by David GambrillIntact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…
Why dirt bike accident victim can get Ontario auto accident benefits
March 6, 2021 by Greg MeckbachAn Ontario claimant who suffered a severely disabling injury after falling off his dirt bike during a competition is entitled to accident benefits under his auto policy. This is the result of Beaudin v. Travelers Insurance Company of Canada, released…
What’s making it harder to estimate property Cat claims
February 17, 2021 by Greg MeckbachRecent price increases in building materials means it is harder than normal to predict the cost of repairing property damage, restoration experts say. Restoration contractor Peak Services handled several thousand claims after the June 13, 2020, record hail storm in…
How COVID-19 has affected repair of vehicles from hail
February 12, 2021 by Greg MeckbachThe COVID-19 pandemic has created some barriers to repairing vehicle and property damage – including a shortage of auto body parts, and a labour shortage impacted by Canada Emergency Response Benefit (CERB) recipients who are reluctant to return to work,…
Final outcome of The Co-operators’ surface water commercial property coverage dispute
February 12, 2021 by Greg MeckbachA Supreme Court of Canada decision released Thursday means The Co-operators cannot appeal a $429,000 court decision against it over “surface water” coverage on a commercial property policy. In Co-operators General Insurance Company v. Le Treport Wedding & Convention Centre…
How to avoid turning the mishandling of a claim into a six-figure bad faith award
February 3, 2021 by David GambrillA Manitoba court decision ordering the province’s public auto insurer to pay a bad faith award of $350,000 serves as a cautionary tale to the industry that bad faith awards for mishandling a claim can be made even after a…
This new type of class-action tort grew from genetically modified corn seed
January 22, 2021 by Greg MeckbachA proposed class-action lawsuit based on the novel tort of “premature commercialization” is going ahead in Ontario. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Syngenta Canada Inc., which is facing a proposed…
Why this small claims tribunal changed an auto insurer’s liability finding
January 21, 2021 by Greg MeckbachA British Columbia driver who was found 50% at fault for a collision by the province’s monopoly auto insurer has partly won a small claim against the other driver. Hartmut Wolfram and Yunsun Kim collided with one another in Burnaby…
This kind of homeowner’s liability claim has real teeth
January 21, 2021 by Greg MeckbachWhen a dog bites man, the wounds could be deep and wide for homeowners. “Pet bites top the list for home insurance liability claims,” reports Dorchester Insurance Brokers Ltd., based near London in the community of Dorchester, Ont. “Dog bites…
What can go wrong when do-it-yourself clients try to replace home water heaters
January 19, 2021 by Greg MeckbachSome homeowner clients could get in trouble if they try to replace water heaters themselves, by following do-it-yourself handyman advice they find somewhere on the Internet. Many home insurance policies specifically require that water heater installation be done by a…
When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer
January 15, 2021 by David GambrillIn a $1.2-million dispute arising from a property resort fire, an Ontario appraisal umpire did not exceed his authority when he used a much higher depreciation rate than both the claimant and the insurer did to calculate the value of…