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Ontario Court of Appeal holds up marijuana exclusion clause

March 2, 2011 by Canadian Underwriter

The Ontario Court of Appeal has upheld a marijuana exclusion clause when landlords tried to make a claim for damages arising from an explosion on their property caused by a tenant running a marijuana grow-up.In Pietrangelo v. Gore Mutual Insurance

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FSCO settlement related to IRBs can be deducted from a court award, not a settlement related to disability benefits: Ontario court

March 2, 2011 by Canadian Underwriter

The Ontario Court of Justice has ruled that a FSCO settlement for income replacement benefits (IRBs) counts as a “collateral benefit” and is therefore deductible from a court award, but a settlement from the Ontario Superior Court related to short-

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Insurers should think beyond compliance and remediate fuel spills to pre-spill conditions: environmental lawyer

March 1, 2011 by Canadian Underwriter

Insurers should consider the multiple benefits of remediating fuel spills to pre-spill conditions, even if new Canadian regulatory guidelines for handling and cleaning fuel spill sites apply to contaminated and Brownfield sites and not to domestic fuel spills.John Tidball, environmental

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5th Annual Post CICMA/CIAA Joint Conference Cocktail

March 1, 2011 by Canadian Underwriter

Hundreds of insurance claims industry guests attended the 5th Annual Post CICMA/CIAA Joint Conference Cocktail on Feb. 8, 2011. Entitled ‘The Big Mingle,’ the event was inspired by the television show Mad Men.  Giffin Koerth Forensics and Blouin Dunn LLP

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Ontario Insurance Adjusters’ Association Professional Development & Claims Conference

March 1, 2011 by Canadian Underwriter

More than 150 exhibitors from across Canada appeared at the Ontario Insurance Adjusters’ Association (OIAA)’s Professional Development & Claims Conference in Toronto on Feb. 9, 2011. The event featured a trade show and seminars covering a wide variety of timely

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Ontario Divisional Court allows IMAX shareholder certification suit to proceed to trial

February 25, 2011 by Canadian Underwriter

A motion for leave to appeal Silver v. IMAX Corporation to the Ontario Divisional Court has been denied. IMAX is the first case to consider leave to proceed and class certification tests set forth in Bill 198.A lower court decision

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Long-term disability benefits with a long waiting period still “continuing income” to be deducted from IRBs: FSCO

February 25, 2011 by Canadian Underwriter

A long-term monthly disability payment featuring a significant waiting period is still an income continuation plan under Ontario’s Statutory Accident Benefits Schedule (SABS), and is therefore deductible from income replacement benefits (IRBs) paid to auto injury victims, an Ontario arbitrator

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Insurer not obliged to pay for independent counsel retained by insured to defend against damages beyond coverage limits: Ontario court

February 25, 2011 by Canadian Underwriter

An insurance company does not have to pay for counsel retained by an insured to defend the insured’s interests in the event that damages exceed prescribed policy coverage limits, the Ontario Superior Court has ruled. In 137328 Canada Inc. (Alliance

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ICBC praises the role of facial recognition technology in obtaining convictions in identity theft cases

February 23, 2011 by Canadian Underwriter

Two years after B.C.’s public insurer introduced facial recognition technology, the Insurance Corporation of B.C. (ICBC) says the new technology has had a dramatic impact on obtaining convictions for identity theft and fraud.“In 2010, the technology – which enables ICBC

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Quebec auto insurance protection agency ordered to pay $5,000 to auto injury victim for medical use of marijuana

February 22, 2011 by Canadian Underwriter

A Quebec administrative tribunal has ordered the province’s auto insurance protection agency to pay $5,000 to a Quebec man so he can grow and smoke marijuana in his home to help treat injuries he suffered as a result of a

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Golf cart driving illegally on the highway without insurance is still a “motor vehicle”: Ontario arbitrator

February 16, 2011 by Canadian Underwriter

A golf cart driving illegally along an Ontario highway without insurance is a “motor vehicle” for the purpose of determining accident benefits, an Ontario arbitrator has ruled.Wilhelmina Margaret Buckle was seriously injured on June 14, 2003, when she fell off

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Fewer Code of Conduct complaints against Ontario brokers in 2009-10: RIBO

February 16, 2011 by Canadian Underwriter

Registered Insurance Brokers of Ontario (RIBO), the self-regulating body for Ontario’s brokers, opened 12 fewer complaint files related to Code of Conduct issues in 2009-10, according to latest annual report.This accounted for the main difference in the total number of