Topic
Legal
Alberta woman loses round in anti fracking lawsuit, can’t sue Alberta regulator
October 10, 2013 THE CANADIAN PRESSROSEBUD, Alta. – An Alberta woman has lost a round in her legal battle against the contentious process of hydraulic fracturing. Jessica Ernst launched a $33-million lawsuit against the Alberta government, the province’s energy regulator and energy company Encana. She…
FSCO warns of unlicensed broker, individual selling insurance
October 10, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) has issued a warning to consumers that Capital United Brokers, and an individual called “Gina” claiming to represent the company, are not licensed to do insurance business in the province. Following a referral,…
Ontario man pleads guilty after falsely reporting vehicle sent to Nigeria as stolen
October 10, 2013 by Canadian UnderwriterAn Ontario man has pleaded guilty to public mischief for falsely reported a stolen vehicle that Aviva Canada said was sent to Nigeria, the insurer said Thursday. Desmond Stewart, 55, from Whitby, Ont., has been ordered to pay $3,450, received…
New non-profit uses analytics on pooled company data to fight auto insurance fraud in Canada
October 4, 2013 by Canadian UnderwriterThe insurance industry has formed a new not-for-profit organization focused on using analytical tools to identify suspicious claims in the industry’s pooled data, to facilitate further investigation. Canadian National Insurance Crime Services, or CANATICS, will provide insurance companies with a…
Supreme Court of Canada rejects appeal leave application over disputed D&O liability claim
October 3, 2013 Greg Meckbach, Associate EditorThe Supreme Court of Canada announced Thursday it has denied an application by Onex Corp. of Toronto for leave to appeal an Ontario Court of Appeal decision on a disputed directors’ and officers’ liability claim with American Home Assurance Company.…
Ontario court overturns arbitrator’s decision in delayed auto indemnification claim
October 2, 2013 by Canadian UnderwriterAn Ontario court has ruled that the “equitable doctrine of laches,” which applies in some cases to delays in claims, did not apply when Intact Insurance Company of Canada requested indemnification from Lombard General Insurance Company of Canada more than…
Stop or Go?
October 1, 2013 Arthur Lofsky, Government Relations Consultant, Insurance Brokers Association of OntarioThere is plenty going on with Ontario auto insurance, including what some regard as the aggressive pledge by the government to reduce premiums an average of 15% over the next two years. But does this preoccupation with speed and mandated reductions produce unrealistic expectations and threaten to, ultimately, make things worse for consumers?
Clear Language Essential
October 1, 2013 Michael S. Teitelbaum, Partner, Hughes Amys LLP, and Victoria Margolin, Lawyer, Hughes Amys LLPA recent case out of Ontario, involving the duty of a homeowners’ insurer to defend a contribution claim, illustrates the importance of carefully selecting the language used in insurance policies to make clear what is included and/or excluded. The alternative may be interpretation by the courts to the best of their abilities.
Marketplace
October 1, 2013 by Canadian UnderwriterCANADIAN MARKET Alberta flooding most costly natural disaster in Canadian history: IBC The Insurance Bureau of Canada (IBC) reported in late September that insured property damage from the Alberta flooding this past June is estimated to now exceed $1.7 billion,…
Host Liability’s Legacy
September 30, 2013 Todd Davies, partner, and Scott Harcus, associate, Alexander Holburn Beaudin + LangRaising a Glass to the 40th Anniversary of Commercial Host Liability
Quebec’s New Culture of Law
September 30, 2013 Leila Jananji, attorney, Donati Maisonneuve LawyersHow the province has moved to a revised code of civil procedure
Spoiling for a Fight
September 30, 2013 Daniel Dooley founding partner, Dooley BarristersWhy spoliation can often be a nasty allegation