Canadian Underwriter

Topic
Legal

News InsuranceLegalLegislation / Regulation

These auto clients will no longer get a break for driving experience

August 21, 2019 by Greg Meckbach

For motorists whose driving experience is in a country other than Canada and the United States, one major insurer’s underwriting rules are about to change in one province. Nova Scotia’s auto insurance regulator recently gave The Personal Insurance Company permission

News ClaimsInsuranceLegal

Auto claimant awarded $200K despite court’s skepticism about his credibility

August 16, 2019 by David Gambrill

A B.C. fire dispatcher with pre-existing back pain was awarded $200,000 for his auto accident injuries, even though the Supreme Court of British Columbia also found that he was “not a reliable historian of his own condition or other events.”

News AdjustersClaims CanadaLegal

How dashcams are settling insurance and liability questions

August 15, 2019 Dan Healing - THE CANADIAN PRESS

CALGARY – In a video taken through the windshield of Dung Le’s 15-year-old Toyota Echo, an oncoming car breaks the monotony of a wide, nearly empty street on a quiet August morning in a sprawling residential Edmonton neighbourhood. As it

News ClaimsInsuranceLegal

New hearing ordered after court finds tribunal erred in law on accident benefits

August 12, 2019 by Jason Contant

A vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July

News InsuranceLegal

How diligent note-taking helped this broker defend a lawsuit

July 22, 2019 by Greg Meckbach

Keeping meticulous files is one reason an Ontario cottage country brokerage was largely successful in defending a lawsuit from a homeowner client. In Monk v. Farmers’ Mutual Insurance Company (Lindsay) released this past Friday, the Court of Appeal for Ontario

News InsuranceLegal

Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?

July 4, 2019 by Greg Meckbach

A 40-year-old, Canada-wide cap on pain and suffering awards could be out of date, a personal injury lawyer suggests. The Supreme Court of Canada imposed a $100,000 cap on awards for non-pecuniary damages in 1978, as the personal injury law

News InsuranceLegalLegislation / Regulation

Priority dispute over accident benefits hinges on endorsement

June 26, 2019 by Jason Contant

Continental Casualty Company (CNA Canada) must pay both mandatory and optional accident benefits to an injured pedestrian after a judge set aside the decision of an arbitrator in a priority dispute. Arbitrator Kenneth Bialkowski concluded in an April 2018 decision

News InsuranceLegalLegislation / Regulation

What insurers requested of police chiefs

June 24, 2019 by Adam Malik

Insurers are calling on greater collaboration with law enforcement to help fight auto insurance fraud. The cost of auto insurance fraud is overwhelming, and no one industry can tackle it alone, Don Forgeron, president and CEO of the Insurance Bureau

News ClaimsInsuranceLegal

Why insurers can expect claims from the Raptors parade

June 21, 2019 by Adam Malik

It won’t surprise at least one lawyer to hear about insurance claims stemming from the Toronto Raptors championship parade. There were plenty of exposures present during the event on June 17, mainly because of a lack of resources available and

News Legal

Why this bar is partly liable for impaired driving accident

June 20, 2019 by Greg Meckbach

Offering 12 beers for less than half price might be a good way for your client to get a crowd of customers into its bar, but it is not necessarily the best risk mitigation strategy. A Niagara area bar is

News ClaimsClaims CanadaLegalLegislation / Regulation

Debate over liability when pedestrian hit on road with no sidewalk

June 19, 2019 by Greg Meckbach

If your client hits a pedestrian while driving slightly faster than the limit in a dark rain storm, does that mean he or she is liable? It depends which judge you ask. Prashant Jadhav was walking down the shoulder of

Feature AdjustersClaims CanadaLegal

Ask the right questions

June 17, 2019 Chloe Mathioudakis, Litigator, Field Law; and Erika Carrasco, Partner, Field Law

Post-marijuana legalization, how will adjusters know if a driver is “intoxicated”?