Topic
Legal
These auto clients will no longer get a break for driving experience
August 21, 2019 by Greg MeckbachFor 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…
Auto claimant awarded $200K despite court’s skepticism about his credibility
August 16, 2019 by David GambrillA 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.”…
How dashcams are settling insurance and liability questions
August 15, 2019 Dan Healing - THE CANADIAN PRESSCALGARY – 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…
New hearing ordered after court finds tribunal erred in law on accident benefits
August 12, 2019 by Jason ContantA 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…
How diligent note-taking helped this broker defend a lawsuit
July 22, 2019 by Greg MeckbachKeeping 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…
Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?
July 4, 2019 by Greg MeckbachA 40-year-old, Canada-wide cap on pain and suffering awards could be out of date, a personal injury lawyer suggests.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…
Priority dispute over accident benefits hinges on endorsement
June 26, 2019 by Jason ContantContinental 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…
What insurers requested of police chiefs
June 24, 2019 by Adam MalikInsurers 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…
Why insurers can expect claims from the Raptors parade
June 21, 2019 by Adam MalikIt 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…
Why this bar is partly liable for impaired driving accident
June 20, 2019 by Greg MeckbachOffering 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…
Debate over liability when pedestrian hit on road with no sidewalk
June 19, 2019 by Greg MeckbachIf 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…
Ask the right questions
June 17, 2019 Chloe Mathioudakis, Litigator, Field Law; and Erika Carrasco, Partner, Field LawPost-marijuana legalization, how will adjusters know if a driver is “intoxicated”?