Topic
Legal
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…
Location of primary insurer, not excess insurers, decides proper legal forum
December 12, 2022 by David GambrillOntario is the appropriate legal forum for determining whether a Canadian mining company is entitled to be insured for environmental liability claims arising mostly in Ontario — despite the fact several of its 22 excess insurers are global and not…
Canadian P&C insurer reveals plan to go private
December 9, 2022 by David GambrillThe Insurance Company of Prince Edward Island (ICPEI) has proposed deal that would have company directors, executives, certain employees and investors buy a majority stake in the insurance company and take its ownership private. The proposed deal was announced Friday…
How inflation, and possible recession, may create D&O headaches
December 6, 2022 Philip PoradoFaced with wide-ranging global macroeconomic risks that include supply chain disruptions and labor shortages, stock issuers need to be careful about any disclosures and public statements. This is especially true for publicly traded companies that have directors and officers (D&O)…
An insured driver is injured when an uninsured car-jacker steals her car. Who covers?
December 1, 2022 by David GambrillInsured drivers owning stolen vehicles must go to Facility Association — not their own private auto insurers — to get compensation for injuries sustained in assaults against them involving uninsured car-jackers, a Nova Scotia court has ruled. The Supreme Court…
Auto insurance doesn’t always apply just because an auto’s involved
November 29, 2022 by David GambrillTwo Quebec Court of Appeal decisions in 2022 demonstrate it’s not enough to show an auto is involved in a claim for an insured to be eligible for compensation under the province’s auto insurance scheme, a Quebec lawyer writes in…
Why this dirt bike in closed competition was considered an “automobile”
November 25, 2022 by David GambrillA dirt bike driven in a closed course motocross competition is an “automobile” under Ontario’s auto accident benefits scheme, thus paving the way for a seriously injured driver to claim auto accident benefits from his auto insurer, the Ontario Court…
Why your SME client needs intellectual property ‘pursuit’ coverage
November 24, 2022 by Jason ContantYour small and medium-sized enterprise (SME) clients need to consider intellectual property (IP) ‘pursuit’ coverage to allow them to take on large corporations to protect their products and market share, a specialist insurance provider told Canadian Underwriter. A business’s ability…
Walking towards your car, you slip and fall on ice. Is this an ‘auto accident’?
November 18, 2022 by David GambrillIf you slip and fall on ice within 10-15 feet of your car, the car did not cause your fall, so that isn’t an ‘auto accident’ under the Statutory Accident Benefits Schedule (SABS), Ontario’s Licence Appeal Tribunal (LAT) ruled last…
What selling a brokerage and ‘The Bachelor’ have in common
November 17, 2022 Philip PoradoDating takes time, and hours of preparation – even The Bachelor takes a full season for the prospective bride-to-be to sort through all the contestants. And the process of selling your brokerage is no different, according to a brokerage M&A…
Canada’s top-10 stolen cars
November 15, 2022 by David GambrillIf there’s one supply chain Canada’s insurers would like to see disrupted, it’s the national, $1 billion business of auto theft rings supplying clients, unscrupulous dealers and chop shops with cars and auto parts. Of the $1 billion auto theft…