Topic
Legal
Court approves insurer’s settlement over COVID flight cancellations
February 23, 2023 by David GambrillOntario’s Superior Court has approved a $4.8-million settlement in a class action lawsuit related to the denial of travel insurance claims by TD Home and Auto Insurance for cancelled flights during the first months of the COVID-19 pandemic. During that…
How brokers can avoid an E&O lawsuit
February 22, 2023 by David GambrillA broker’s best defence against an errors and omissions (E&O) lawsuit can be summed up in three words — document, document, document. “You need to be able to prove you did [something],” broker E&O specialist Hugh Fardy, said in a…
No one’s auto insurance was suspended under the Emergencies Act: Inquiry Report
February 21, 2023 by David GambrillPolice chose not to apply federal Emergencies Act measures to suspend the auto insurance policies of any Freedom Convoy protest participants last year, according to the Report of the Public Inquiry into the 2022 Public Order Emergency. “The duty to…
Pace of P&C industry cited as a reason for more broker E&O claims
February 17, 2023 by David GambrillThe frenetic pace required for brokers to meet the Canadian P&C insurance industry’s premium growth targets — not to mention keeping current with the kaleidoscopic transformation of products — is putting brokers in harm’s way, broker E&O experts told Live…
When will self-driving tech consistently prevent crashes?
February 17, 2023 Harrison Griffiths and Hannah Van StaverenOne aim of autonomous driving technology is to take the human element out of the driving ecosystem with an eye toward preventing collisions. But right now, autonomous driving technology can’t guarantee it will detect and react to road hazards earlier…
Failure to tell an insurer about a new vehicle can mean trouble
February 16, 2023 Philip PoradoA multiple-vehicle owner who failed to add a motorcycle to his insurance within a set time period is precluded from receiving benefits following an accident, said a Feb. 6 decision by Ontario’s Licence Appeal Tribunal (LAT) adjudicator Stephanie Kepman. On…
Will volatile stock markets spark claims against asset managers?
February 15, 2023 Philip PoradoSo far, wobbly stock markets aren’t sparking higher claims activity for asset managers’ liability coverages. But the kinds of investor claims that lead to complaints against money managers often lag the equity markets’ overall performance, noted Reid Irwin, practice leader…
Insurers can deny entire claim for fraud, not just the fraudulent part, court affirms
February 13, 2023 by David GambrillIf an auto insurance claimant fraudulently applies for accident benefits payments arising out of a crash, the insurer can deny the entire auto claim, not just the fraudulent part of the claim, the Alberta Court of Appeal has confirmed. In…
Insurers don’t need a medical reason for denying IRB: Appeal Court
February 9, 2023 by David GambrillAn auto insurer does not have to state a medical reason for terminating a claimant’s income replacement benefits (IRBs) if there is another legal, non-medical ground for doing so (such as a return to work, for example), the Ontario Court…
Charges laid in fatal 2021 tug boat sinking off B.C. coast
February 9, 2023 The Canadian PressPRINCE RUPERT, B.C. – Charges have now been laid against a tug and barge company and one of its senior officials two years after a tug sank off British Columbia’s coast south of Kitimat, killing the captain and one crew…
Extension covering “influx of water” trumps broad form flood exclusion
February 6, 2023 by David GambrillA commercial property policy extension granting coverage for an “influx of water derived from natural sources” trumps a policy’s broad form flood exclusion, Alberta’s Appeal Court has found in a 2-1 split decision. A bowling alley in Fort McMurray, Alta.,…
Accident benefits claimant misses notification period by two decades
February 3, 2023 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has denied an application for auto accident benefits from a woman injured in an auto accident because she missed the 30-day window to notify her insurance company — by more than 20 years. On May…