Topic
Adjusters
Should public workers’ compensation protect clients from liability for mental stress caused by harassment?
August 23, 2021 by Greg MeckbachOntario’s workers’ compensation tribunal was wrong when it decided that a Niagara Falls hotel can’t be sued by a former worker who alleges she was forced to quit after suffering harassment, the provincial Divisional Court has ruled. As a result…
McLarens acquires MGB Claims Consultants
August 3, 2021 by Greg MeckbachCanadian adjusting firm MGB Claims Consultants Inc. has been acquired by McLarens, a Norcross, Ga.-based insurance service provider. The financial terms of the deal, announced Tuesday, were not disclosed. Shawn Malik, James Giffen and Shawn Burnett – who founded MGB…
Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’
July 23, 2021 by Greg MeckbachAs the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance…
Get ready for hundreds of claims from Barrie twister
July 21, 2021 by Greg MeckbachThe industry will probably see well over 200 claims from the July 15 tornado that hit Barrie, Ont., says a wind damage expert who has looked at the affected area. “I expect the total number of damaged houses was about…
New industry anti-fraud group gets its first CEO
July 19, 2021 by Greg MeckbachTerri O’Brien, a former vice president at TD Bank, is now CEO of Équité Association, the anti-fraud organization announced Monday. Équité Association is a new organization that integrates Canadian National Insurance Crime Services (CANATICS) and the IBC’s investigative services division.…
Why insured losses from Barrie twister may be higher than you think
July 16, 2021 by Greg MeckbachThe number of Barrie, Ont. clients whose homes are damaged beyond repair by Thursday’s tornado may be more than initially reported, an industry expert predicted Friday. The tornado touched down at about 2:30 p.m. July 15, the Canadian Press reported.…
How courts have lowered the bar for bad faith claims against insurers
July 15, 2021 by Greg MeckbachA court finding of bad faith can damage a carrier’s reputation and harm its broker relationships, an industry lawyer warned Tuesday. Of particular concern to carriers these days is the fact that the courts are lowering the bar for a…
Top court asked to create “new law” in waiver case involving insurer’s flip-flop on coverage
July 14, 2021 by Greg MeckbachCanadian law on estoppel or waiver could change if the Supreme Court of Canada rules against RSA in Trial Lawyers Association of British Columbia v. Royal and Sun Alliance Insurance Company of Canada, a Vancouver-based insurance lawyer suggested Tuesday. Estoppel…
Lytton fire raises questions about possible subrogation
July 5, 2021 by David GambrillAs the British Columbia Wildfire Service works with the RCMP to investigate the cause of a fire last week that burned down 90% of the village of Lytton, preliminary reports that the fire originated in the town — and not…
A home under renovation isn’t necessarily “under construction:” Appeal Court
June 15, 2021 by David GambrillA home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…
Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed
June 11, 2021 by David GambrillIt’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…
Forget data: The case for going with your gut instinct
June 8, 2021 by David GambrillData analysis may be held up as the gold standard for making sound business decisions. But a recent study suggests gut instinct — when backed up by simple decision aids — may actually be better in situations of high uncertainty.…