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“Formal application” for accident benefits not necessary: Ontario Court of Appeal

August 27, 2010 by Canadian Underwriter

If a claimant has not submitted an OCF-1 form (Application for Accident Benefits) to an insurer, it does not automatically disqualify them from being considered to have provided a completed application for accident benefits, Ontario’s Court of Appeal ruled. Four

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NB’s minor injury cap should be adjusted for inflation: Progressive Conservatives

August 26, 2010 by Canadian Underwriter

Should New Brunswick elect a Progressive Conservative government in the coming provincial election, the Insurance Bureau of Canada (IBC) will work with the newly elected government should it fulfill its election promise to review the province’s minor injury cap. IBC

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MPI files suit against “chronic” teenage car thieves

August 24, 2010 by Canadian Underwriter

Manitoba Public Insurance has filed a lawsuit against a pair of teenage “chronic” car thieves, dubbed ‘Bonnie and Clyde’ by some local justice officials and media.The suit is a $53,000 statement of claim against a 16-year-old girl and an 18-year-old

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Crown must draw clear link between licence suspension order and offence: Ontario Court of Appeal

August 19, 2010 by Canadian Underwriter

The Ontario Court of Appeal has overturned a conviction of driving while disqualified because the Crown failed to link a licence suspension order with the offence that resulted in the suspension.In March 2005, David Suho Chuang was convicted of dangerous

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Should alcohol interlocks be mandatory when their implementation is problematic?

August 17, 2010 by Canadian Underwriter

The trend of making mandatory the use of alcohol interlocks for first-offender intoxicated drivers is emerging in Canadian and U.S. jurisdictions, but the trend is challenged by often-ineffective implementation, according to the Traffic and Injury Research Foundation.In its report The

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Auto insurance fraud ring in Manitoba draws organized crime charges

August 16, 2010 by Canadian Underwriter

Winnipeg police have laid criminal organization charges as part of its ongoing investigation into an auto insurance fraud ring.According to the Winnipeg Sun, this is the first time an auto insurance fraud investigation is believed to have resulted in organized

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B.C. Supreme Court awards lawyer about $6 million for future loss of income after nightclub fall

August 11, 2010 by Canadian Underwriter

The B.C. Supreme Court has awarded almost $6 million to a woman who suffered a mild brain injury during a fall on the dance floor of a nightclub.Michelle Danicek is a lawyer who was involved in two separate incidents –

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AMF investigates ex-insurance broker’s role in $1.4-million Ponzi scheme

August 6, 2010 by Canadian Underwriter

Quebec’s securities regulator, the Autorité des marchés financiers (AMF), has blocked the accounts and companies of a former insurance broker as part of its investigation into an alleged $1.4-million Ponzi scheme.Acting on the authority of an administrative tribunal, the Bureau

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Ontario regulator says new Minor Injury Guideline must apply to at least 55% of minor injuries for auto insurers to turn a profit

July 29, 2010 by Canadian Underwriter

Ontario’s insurance regulator has told industry defence counsel that 55% to 65% of all non-catastrophic, minor injury claims would need to fall within the province’s new Minor Injury Guideline (MIG) in order for auto insurers to turn a profit.Due to

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Ontario’s new rule allowing joint expert reports could lead to more settlements: insurance defence counsel

July 29, 2010 by Canadian Underwriter

Ontario’s amended Rules of Civil Procedure have given trial judges the power to order experts for both sides to prepare a joint report, which may lead to more claims settlements and fewer trials. Bill Chalmers of Hughes Amys made the

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OPP to crack down after 6% increase in traffic fatalities

July 28, 2010 by Canadian Underwriter

Citing a 6% increase in driving fatalities thus far in 2010, Ontario Provincial Police are vowing to crack down on “irresponsible drivers” who demonstrate aggressive driving, drive impaired and don’t wear seat belts.“Our Provincial Traffic Safety Program (PTSP) and other

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Woman “struck by” pole protruding from parked vehicle is entitled to coverage: Ontario Appeal Court

July 26, 2010 by Canadian Underwriter

A woman who suffered a serious head injury after hitting her head on a pole protruding from an unidentified, parked truck is covered by her own insurer’s policy, even though the truck was not moving at the time, the Ontario