Topic
Legal
Insurers can’t ask for leniency on time limits, but then enforce them on claimants
November 9, 2022 by David GambrillAn insurer involved in settlement negotiations can’t ask a claimant for leniency on time limits, but then demand the claimant adhere to strict limitation periods for serving a statement of claim, an Alberta court has ruled. The court thus granted…
Insurer ordered to pay rehab benefits to injured driver suffering post-accident “relapse”
November 1, 2022 by David GambrillSaskatchewan’s public auto insurer has been ordered to pay partial rehab benefits to an auto accident victim who suffered a relapse of his medical condition after initially showing “maximum medical improvement” following his accident, according to his doctors. The injured…
Selling your brokerage? Don’t forget to tell your clients
October 31, 2022 Michael CareyImagine you’re a client who calls your broker to talk about renewing a policy, only to find they’ve sold the business and moved to Florida. It’s hardly an elegant retirement notification. A client would much rather be told about the…
Damage appraisal method leaves a toilet back-up case running
October 28, 2022 by David GambrillDid a toilet backup cause $35,700 worth of damage to the cell phone stock of a retail business, as argued by Gore Mutual, or $105,000, as the business owner claimed? Neither side agreed with the appraised value of the losses,…
What Licence Appeal Tribunal changes mean for insurers
October 25, 2022 by Alyssa DiSabatinoRecent changes to the Licence Appeal Tribunal (LAT) process are intended to clear the tribunal’s own backlog, but they have complicated the Automobile Accident Benefits Service (AABS) process, which has in turn created “unfair” costs for insurers, says an prominent…
How Lloyd’s broke the bottleneck for Canadian MGAs
October 21, 2022 by Jason ContantEditor’s Note: This article has been revised to clarify the rules around continuous binding authorities emanating from Lloyd’s. Managing general agents (MGAs) with a binding authority contract from Lloyd’s — and where the capacity under the contract is provided…
Do you ‘occupy’ a car while hanging onto the window, trying to stop an auto theft?
October 19, 2022 by David GambrillIf you are hanging out the window of your car trying to stop a thief from stealing it, and you are injured while falling from the open window after being dragged for 40 feet, you are not an “occupant” of…
Who has right-of-way in Starbucks’ drive-through free-for-all?
October 18, 2022 by David GambrillA B.C. driver claiming the public auto insurer improperly found him at fault for a collision in a Starbucks’ drive-through has lost his case that he wasn’t at fault because none of the line-up lanes had priority. The Civil Resolution…
Why Lloyd’s has to defend a progressive property damage case
October 17, 2022 by David GambrillLloyd’s of London has a duty to defend the City of Timmins in a negligence lawsuit, in which homeowners are suing the city for failing to prevent progressive land erosion that led to an order to remove, relocate or demolish…
Aviva awarded security of costs in case launched by auto warranty seller
October 14, 2022 by David GambrillOntario’s Superior Court has awarded Aviva Canada security of costs of $85,000 in a case in which the insurer has been named in a $5-million lawsuit launched by a warranty provider that has gone out of business. Umbrella Warranty’s claim,…
OSFI’s third-party guidance to include insurer-broker contracts
October 12, 2022 by David GambrillCanada’s solvency regulator is preparing guidance that legal experts say will shift the scope of the regulator’s concerns about outsourcing data and technology to a much broader inquiry about insurers’ arrangements with third parties generally — including with broker partners.…
Is cyber insurance upticking across Canadian organizations?
October 11, 2022 by Alyssa DiSabatinoSeventy-four per cent of organizations across Canada have decided to invest in cyber insurance in 2022 compared to 59% in 2021 despite increasing costs and requirements, finds a survey from the Canadian Internet Registration Authority (CIRA). However, most organizations…