Topic
Legal
U.S. regulator upgrades Tesla Autopilot crash analysis
June 30, 2022 Philip PoradoA National Highway Traffic Safety Administration (NHTSA) preliminary analysis (PA) into Tesla’s Autopilot system was upgraded to an engineering analysis (EA) earlier this month. The EA will “extend the existing crash analysis, evaluate additional data sets [and] perform vehicle evaluations,”…
Distracted driving accelerates post-pandemic
June 29, 2022 by Alyssa DiSabatinoNinety-eight per cent of Ontario drivers report witnessing unsafe driving behaviours over the past year — a 3% increase from the year previous — and yet only 58% admit to engaging in dangerous driving behaviours themselves, a CAA South Central…
Will rocketing consumer prices spark social inflation?
June 24, 2022 Philip PoradoWhile consumers are paying close attention to inflation’s impact on their wallets, insurers should be keeping an eye on social inflation – and recognize the two are often linked. “There’s quite a distinction between the impact of what I would…
Water damage dispute: Why the court wouldn’t end three-year dispute resolution
June 22, 2022 by David GambrillB.C.’s Supreme Court has denied a claimant’s attempt to bail out of two mandatory dispute resolution hearings with multiple insurers in a three-year dispute over the value of water damage in her strata unit. “The plaintiff is understandably frustrated by…
Sewer back-up or overland flood? Is a sun deck “within” a dwelling?
June 17, 2022 by David GambrillA sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the outdoors, B.C.’s Supreme Court has ruled. In Gill v Wawanesa Mutual…
P&C industry’s predictions for Ontario’s finance minister
June 13, 2022 by Alyssa DiSabatinoWith the Ontario election in the rearview mirror, and Doug Ford re-elected as premier with a sizeable majority, the P&C industry is eagerly awaiting to hear who the next finance minister will be. But political pundits and insurance experts predict…
Vacancy permit doesn’t require daily attendance for eight months during repairs
June 10, 2022 by David GambrillBelair does not have to pay a condo claimant more than $1,500 in daily mileage costs accrued over almost eight months, during which time flood damage in the insured’s unit was being repaired. Belair Insurance Company insured a condominium owned…
Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage
June 9, 2022 by David GambrillWhether or not a daughter is entitled to auto insurance coverage under her mother’s OPCF 44R family protection endorsement depends on the facts of the case, and not on whether her mother believes her caregiving daughter ‘resides’ at her place,…
Should you attach a dispute-resolution form to a denial letter?
June 8, 2022 by David GambrillAn injured auto driver has lost an appeal against her insurer, which denied benefits a full seven years before she launched her legal challenge against the decision. One notable aspect of the case was whether the claimant received a dispute…
Insurer must defend negligence case, despite pollution exclusion
June 3, 2022 by David GambrillCanada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the…
The insurance policy clause that saved this self-insurer
June 2, 2022 by David GambrillClean Harbors Canada, one of largest hazardous waste haulers in North America, is not on the hook to pay the cost of first-party fire damage to a truck owned and operated by one of its contractors, an Ontario court has…
Auto AB claim: Where privacy meets abuse of process
June 1, 2022 by David GambrillAn Ontario court has rejected the privacy concerns of an auto accidents benefits claimant who refused to attend a psychological examination required by his insurer, finding that the claimant’s privacy concerns amounted to an abuse of process. Ali Baradaran Bagherian…