Canadian Underwriter

Topic
Legal

A quad on its side after it has been accidentally flipped.
News ClaimsInsuranceLegalLegislation / Regulation

‘Negligent operation’ of ATV includes turning it over to inexperienced driver

March 18, 2024 by David Gambrill

If parents permit an adult child to use their all-terrain vehicle (ATV), and the son or daughter then negligently turns over control of that ATV to an inexperienced driver who gets seriously injured in a crash, the parents can be

Justice and law symbol statue
News ClaimsLegalLegislation / Regulation

Top court clarifies standard for judicial review of LAT decisions

March 15, 2024 by David Gambrill

Canada’s top court has kicked an auto accident benefits dispute back to the Ontario Licence Appeal Tribunal, effectively confirming courts have discretion to review decisions from the LAT, even if claimants only have a limited right to appeal LAT decisions.

Hourglass, stopwatch and clock floating in blue water
News ClaimsCommercial LinesInsuranceLegalRisk

Paid the claim? No need to re-appraise after limitation period, court says

March 12, 2024 by Alyssa DiSabatino

An insurer that has already paid a claim doesn’t have to do a follow-up appraisal after the limitation period has expired, Ontario’s Superior Court of Justice has ruled.  “An admission of liability to pay on the part of an insurer

Rideshare driving checking on his app to get a new customer
News BrokersClaimsInsuranceLegal

Do gig-driver clients have the right auto coverage?

March 11, 2024 Philip Porado

With accident claims up sharply post-pandemic, transportation network companies (TNCs) like Uber, Lyft and others are aggressively managing the insurance coverage they offer to gig drivers to ensure they have a handle on fraud. “You’re going to get some claims

Secure document safety concept
News ClaimsClaims CanadaCommercial LinesEmploymentInsuranceLegalMarkets / CoveragesRiskTechnology

B.C. health authority warns of possible privacy breach after police recover documents

March 8, 2024 The Canadian Press

An RCMP investigation has revealed a possible privacy breach for thousands of employees who worked or work at a health authority in British Columbia’s Interior. Interior Health says police contacted them in January about finding a document during its investigation

Child waving Quebec flags
News InsuranceLegalMarkets / Coverages

Staying on the right side of Quebec’s language law, Bill 96

March 7, 2024 David Gambrill

Canada’s property and casualty insurance industry is advised to establish a policy and train employees to comply with Bill 96, Quebec’s French language law, which calls for all policy contracts with clients in the province to be done in French

Edmonton City Hall
News ClaimsClaims CanadaCommercial LinesInsuranceLegalMarkets / CoveragesRisk

Edmonton City Hall attack supports terror charges: RCMP 

March 7, 2024 The Canadian Press

Mounties say they believe an attack on Edmonton City Hall in January was politically motivated, meaning it reaches the legal threshold for terrorism charges.  Supt. Glenn Sells of the RCMP’s national security team said Tuesday that officers had seized an

Managing Time and scheduling conflict metaphor as a deadline stress business idea with a clock with 3D illustration elements.
News ClaimsCommercial LinesInsuranceLegal

Landmark opioid case wrestles with who defends among multiple insurers

March 1, 2024 by David Gambrill

When multiple commercial insurers are on the hook consecutively for long-tail claims spanning decades, defence costs should be allocated according to the proportion of time they were on risk, the Ontario Appeal Court ruled this week. The court’s landmark decision

Happy salesman selling the car to his female customer in a showroom.
News LegalMarkets / Coverages

Vehicle warranties: Auto insurers don’t owe premium tax on dealer’s fees

February 29, 2024 by David Gambrill

An insurer doesn’t owe provincial premium tax on auto dealer’s fees charged for vehicle equipment warranties, the Supreme Court of B.C. has ruled. Vehicle equipment warranties are commonly sold at auto dealerships. Customers pay for vehicle warranty policies as part

Taxi car with Uber logo on the snowy street.
News ClaimsInsuranceLegalMarkets / Coverages

Why this Uber driver was not injured in an auto accident

February 26, 2024 by David Gambrill

An Uber driver who slipped on ice when helping a passenger load the trunk was not involved in an auto ‘accident,’ the Ontario Licence Appeal Tribunal has ruled. The ruling is consistent with a trend in Ontario case law over

Are SUVs getting too big to avoid serious accidents?
News ClaimsInsuranceLegal

Will bigger vehicles lead to bigger claims?

February 23, 2024 Philip Porado

With accident rates climbing, one growing area of concern is that vehicles are becoming much larger. For example, rapid changes in vehicle specs mean full-size SUVs from 1999 would today meet the gearhead moniker of ‘Cute Ute.’ With sport utility

Sports Photographer in an empty stadium
News ClaimsInsuranceLegalRisk

Sports insurers urged to consider video review

February 22, 2024 by David Gambrill

A legal firm urges sports insurers to require their sports association clients to install cameras to record the action, following the B.C. Court of Appeal’s January 2024 decision in Cox v. Miller. In Cox v Miller, the court found Karl