Topic
Legal
Borrowing cars and implied consent: When ‘No’ doesn’t mean ‘No.’
January 27, 2023 by David GambrillIf a friend asks you to borrow your rental car, sometimes saying ‘No’ doesn’t actually mean ‘No.’ An auto repair shop owner in Ontario was held vicariously liable last Wednesday for an auto accident injury caused after his friend, who…
Will IFRS 17 make insurers’ results harder to compare?
January 25, 2023 Philip PoradoAt best, it will be difficult to make initial comparisons to insurers’ IFRS 17 results, due to differences between companies’ approaches under the new accounting standard, said a report this week from Fitch Ratings. A stated objective of the insurance…
Insurer wins third-party liability claim against road-rager
January 24, 2023 by David GambrillAn insurer successfully brought a third-party liability claim against a road-rager who was found to be 50% responsible for an accident between two other vehicles as a result of his threatening actions. The insurers were not named in the Court…
$500,000+ payment ordered for uninsured B.C. tenants
January 20, 2023 Philip PoradoA 2017 apartment fire that a B.C. Supreme Court judge ruled was ‘foreseeable’ led to an order to pay more than $500,000 to the building-owner plaintiff. In his decision in Langara Gardens Holdings Ltd. v. Chen (2023 BCSC 58), B.C.…
Which came first: Accident notification, or the accident benefits application forms?
January 17, 2023 by David GambrillIn a true chicken-and-egg argument, an Ontario man claimed his “reasonable explanation” for taking two years to inform his auto insurer about his injuries from a 2019 accident is because he never received the Application for Accident Benefits (OCF-1) form…
Insureds traumatized by witnessing car accidents are not entitled to benefits: tribunal
January 10, 2023 by David GambrillInsured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents…
Insurer has no duty to defend parents named in negligence lawsuit
January 9, 2023 by David GambrillB.C.’s Supreme Court has upheld that an insurer is not obligated to defend parents in a lawsuit alleging negligence for failing to stop their child from inflicting harm on others. In Reeves v Co-Operators General Insurance Company, Bentley Reeves and…
How better boards may improve cannabis companies’ D&O options
January 6, 2023 Philip PoradoImprovements in capacity in the directors and officers (D&O) insurance space, combined with a rising quality of boards of directors membership, is making coverage for cannabis producers and distributors more accessible. “We’ve seen a real shift in the experience levels…
Company operating Hibernia offshore oil platform challenging oil spill charges
January 6, 2023 The Canadian PressST. JOHN’S, N.L. – The company that operates the Hibernia offshore oil platform has pleaded not guilty to three charges related to a 2019 oil spill off the east coast of Newfoundland. Court documents confirm the Hibernia Management and Development…
Defining vacancy: Why the court upheld insurer’s denial of a $100K water damage claim
January 4, 2023 by David GambrillAn insurance policy exclusion for vacancy applies, even when an insured has arranged for people to look after the vacant property on a daily basis, so long as there is no intention to inhabit the place again, the Ontario Superior…
Auto insurers: Dos and don’ts for sending out IE notices
December 13, 2022 by David GambrillOntario auto insurers don’t have to send out requests for independent medical exams (IME) at the same time they send out claim denial letters, nor are they barred from requesting IMEs after claimants have applied to the Licence Appeal Tribunal…
Are product liability insurers ready to face mass torts?
December 13, 2022 Philip PoradoClass action lawsuits have long been drivers of social inflation for insurers that provide product liability overage. But now a new legal vehicle, the ‘mass tort,’ looks to be waiting in the wings. Unlike class actions, in which one plaintiff…