Topic
Legal
How a director of a failed company can still be on the hook for employees’ pay after resigning
April 22, 2013 Greg Meckbach, Associate EditorA recent court decision means that directors of corporations regulated by the federal government could, in some cases, be held liable for unpaid wages even if they delivered a resignation letter, a blog post from law firm Heenan Blaikie LLP…
Ontario court rules against insurer denying defence costs
April 22, 2013 by Canadian UnderwriterAn Ontario court ruled last week against State Farm Fire and Casualty Company, which had settled an injury claim made against a horse racetrack and a property maintenance contractor but had declined to defend the racetrack operator. In June 2009,…
Ontario regulator warns of individual selling false insurance cards
April 22, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) has issued a warning to consumers that Bosko Kostovski is not licensed to do insurance business in the province. Police have charged Kostovski for fraud, forgery, and sale of false or invalid insurance…
Ontario court rules against auto accident claims fund after attempt to suspend uninsured driver’s licence
April 19, 2013 Greg Meckbach, Associate EditorAn Ontario court recently ruled against the province’s Minister of Finance when the Financial Services Commission of Ontario’s payer of last resort tried to collect money from and threatened to suspend the licence of an uninsured driver who had been…
Distracted driving a factor in more fatalities than impaired driving: OPP
April 15, 2013 by Canadian UnderwriterIn Ontario, distracted driving-related fatalities surpassed impaired driving fatalities in 2012, according to the Ontario Provincial Police. Within the OPP’s jurisdiction, the police say 83 people were killed in motor vehicle accidents and close to 16,000 distracted driving charges were…
U.S. settlement reached in Toyota unintended acceleration recalls
April 8, 2013 by Canadian UnderwriterToyota Motor Corporation has agreed to pay $16 million to settle consumer protection claims brought by the Orange County District Attorney (OCDA) following the automaker’s recalls of certain vehicles in 2009 and 2010 related to unintended acceleration issues. The recalls…
FSCO issues ruling on minor injury guideline in disputed auto claim
April 3, 2013 by Canadian UnderwriterAn arbitrator for the Financial Services Commission of Ontario recently ruled against Belair Insurance Company Inc. in a claim which the carrier said fell under the minor injury guideline (MIG). The provincial government introduced in September 2010 a $3,500 cap…
Ontario court rules against scrap dealer who tried to use liability insurance to pay employee’s injury claim
April 3, 2013 Greg Meckbach, Associate EditorThe Ontario Court of Appeal recently upheld a lower court decision in favour of Lombard General Insurance Company of Canada, which was sued by a Hamilton-based scrap metal dealer, for not defending or indemnifying it when it was sued by…
B.C. court admits as evidence insurance carrier’s letter marked ‘without prejudice’
April 1, 2013 by Canadian UnderwriterA British Columbia judge ruled last week against the estate of a woman killed in an auto accident, which is being sued by a man injured in the same collision. In the case of Alasdair Robert Coombs v. the estate…
Getting Ready for ORSA
April 1, 2013 J. Brian ReeveCanada, along with the rest of the world, will be subject to new Own Risk and Solvency Assessment rules in the future. ORSA is intended to provide a more effective means for insurers and insurance regulators to be able to effectively monitor insurance risk and capital requirements on a prospective, rather than retrospective, basis.
The Other Side of the Fence
March 31, 2013 Darcy MerkurOne lawyer argues that Independent Medical Exams are often unnecessary
On The Scene
March 31, 2013 byCunningham Lindsey Canada Claims Services Ltd. (Cunningham Lindsey) President and CEO Rob Seal is pleased to announce the firm’s 90th anniversary in Canada. “March 2013 marks Cunningham Lindsey’s 90th anniversary in Canada, an amazing milestone in our firm’s history,” said…