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Attendant phone care not the same as custodial care

November 11, 2010 by Canadian Underwriter

Attendant care provided over the phone is becoming increasingly common, but this is not the same level of care as custodial care, cautions Phillipa Samworth, partner at Dutton Brock. “This is what I call ‘phone sex’ attendant care,” she said,

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B.C. Appeal Court upholds arbitrator’s definition of ‘roadworthy’

November 10, 2010 by Canadian Underwriter

A British Columbia arbitrator’s definition of “roadworthy” has withstood a challenge at the B.C. Court of Appeal, in a case in which the province’s auto insurer revoked its accredited status of a collision repair shop.The Insurance Corporation of B.C. (ICBC)

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Define the “less hurt” rather than the catastrophically impaired: Cooke

November 9, 2010 by Canadian Underwriter

Regulators should abandon trying to define catastrophic impairment and focus instead on defining those who are “less hurt,” said George Cooke, president and CEO of The Dominion of Canada General Insurance Company.Cooke spoke at an Insurance Brokers of the Toronto

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Negligence finding in liability trial does not preclude criminal finding in insurance coverage trial

November 8, 2010 by Canadian Underwriter

Finding an insured’s act to be “negligent” (but not intentional) in a liability trial does not preclude a finding that the insured’s act might also be “criminal” during a subsequent trial on insurance coverage, the Alberta Court of Appeal has

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Ontario MPP introduces bill to ban use of credit scoring in personal property

November 4, 2010 by Canadian Underwriter

Insurance Brokers Association of Ontario (IBAO) is applauding a private members bill that calls for an outright ban on the use of credit scoring in personal lines insurance in Ontario. Liberal MPP Mike Colle introduced private member’s Bill 130: The

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IBAO urges government to ban credit score use in personal lines

November 2, 2010 by Canadian Underwriter

Insurance Brokers Association of Ontario (IBAO) is urging the Ontario government to ban the use of credit scoring to price home and personal property.IBAO president Bryan Yetman spoke at Queen’s Park as part of the association’s Awareness Day. In his

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AMF orders Trisura to cease issuing replacement guarantee insurance product

November 2, 2010 by Canadian Underwriter

The Autorité des marches financiers (AMF) has ordered Trisura Guarantee Insurance Company to cease distributing its replacement insurance product.GWPco Inc. and motor vehicle dealers were distributing the product, an AMF release says. GWPco is not authorized to market the replacement

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Best practices for insurers to avoid special awards in arbitration are elusive: panel speaker

November 2, 2010 by Canadian Underwriter

Arbitrators are all over the map when it comes to ordering special awards, but as of late there have been more cases finding against an insurer. “There is really a subjective element that comes into it, or, as some would

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Ontario’s $2,000 cap on AB assessments could be vulnerable to Charter challenge: AB seminar panelist

November 1, 2010 by Canadian Underwriter

By including a health practitioner’s travel and translation costs within a $2,000 limit on auto insurance accident benefits assessments, the new Ontario auto insurance reforms may be heading down the highway towards a Charter challenge.“On the issue of including the

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Accident benefits arbitrations face the same kind of backlogs seen in courts: FSCO director delegate

November 1, 2010 by Canadian Underwriter

Arbitration is supposed to offer a cheaper, quicker alternative to the courts when resolving accident benefits disputes, but the current reality is completely different, Lawrence Blackman, director delegate at the Financial Services Commission of Ontario (FSCO), says.At the Canadian Defence

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Bruce Thomas honoured for 50 years of practicing insurance law

October 29, 2010 by Canadian Underwriter

The Law Society of Upper Canada is recognizing Bruce Thomas, a founding partner of Thomas Gold Pettingill LLP, for practicing law for 50 years. Thomas specializes in insurance law and will be granted a lifetime membership in the Law Society

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Real estate E&O cases particularly difficult to defend: lawyer

October 29, 2010 by Canadian Underwriter

Insuring real estate professionals on a E&O policy is particularly challenging for underwriters because of the vulnerability of appraisers, the fact that plaintiff’s experts are only too willing to testify against their own, and trials are highly emotionally charged and