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Legal


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Paying out small auto claims without investigation could embolden fraudsters

July 27, 2011 by Canadian Underwriter

Insurance companies settling small claims without any investigation may in fact be emboldening fraudsters to commit more serious forms of fraud in the future, a claims investigator warned at a seminar on combating auto fraud.Jordan Legg of Cunningham Lindsey spoke

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FICOM will no longer perform bankruptcy, criminal record checks for prospective insurance company directors, executives

July 20, 2011 by Canadian Underwriter

British Columbia’s Financial Institutions Commission (FICOM) will no longer perform bankruptcy or criminal record checks for directors, senior officers or significant shareholders of insurance companies or captive insurers.Instead, candidates for these positions will have to bankroll their own criminal record

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Canadian insurance defence firm first to join U.S. network

July 19, 2011 by Canadian Underwriter

Kelly Santini LLP, an Ottawa-based law firm with a large insurance defence group, is the first Canadian firm to join USLAW Network.USLAW Network is a national organization of more than 60 independent member firms covering 47 states, Canada and Latin

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Insurers should consider a blackout provision as an excluded peril after court decision in Caneast: lawyer

July 19, 2011 by Canadian Underwriter

The Ontario Court of Appeal’s decision in Caneast Foods Limited v. Lombard General Insurance Company of Canada demonstrates the limitations on insurers that attempt to use catch-all exclusions in insurance policies, according to Hartley Lefton of McMillan LLP.In a paper

News InsuranceLegalMergers and Aqcuisitions

Changes to Alberta Insurance Act to come into effect on July 1, 2012

July 18, 2011 by Canadian Underwriter

Alberta’s department of finance and enterprise has outlined changes to the Alberta Insurance Act that will go into effect on July 1, 2012.Legislative amendments to the act include the following:•Legislation will require statutory conditions to be incorporated into multi-peril property

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IBC calls for regulation of medical assessment clinics

July 15, 2011 by Canadian Underwriter

The insurance industry is calling for the accreditation and regulation of assessment clinic ownership to help put the brakes on fraudulent accident benefits claims. Fake accident treatment charges are costing insurers roughly $1.3 billion, a recent Toronto Star article says,

News InsuranceLegalMergers and Aqcuisitions

Legal counsel for AB claimant not required to docket hours to receive credit at upper end of scale for hours worked: FSCO arbitrator

July 14, 2011 by Canadian Underwriter

Legal counsel representing claimants in Ontario arbitrations are not required to docket their hours in order for claimants to receive their legal expenses at the high range of the scale determining hours worked, an Ontario arbitrator has ruled. In Kamal

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Europe proposes moving Solvency II deadline to Jan. 1, 2014, but insurers encouraged to work toward current Jan. 1, 2013 deadline

July 11, 2011 by Canadian Underwriter

Insurance companies are being encouraged to continue working towards a Jan. 1, 2013 Solvency II implementation date, even though The Council of the European Union has proposed a delay of the final Solvency II deadline until January 1, 2014. Solvency

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Changes to Ontario law make it easier for out-of-province insurance agents, adjusters to obtain equivalent licence in Ontario

July 8, 2011 by Canadian Underwriter

Recent changes to the Agreement on Internal Trade (AIT) and the Ontario Labour Mobility Act are now in effect, making it easier for licenced general insurance agents and adjusters outside Ontario to apply for and receive a licence in Ontario

News InsuranceLegalMergers and Aqcuisitions

Insurance Council of Manitoba recommends restricted license as way to regulate incidental sales of insurance

July 7, 2011 by Canadian Underwriter

The Insurance Council of Manitoba is recommending to the Government of Manitoba that the incidental sale of insurance be regulated by way of a restricted insurance agent license.The approach is similar to that taken in Alberta and Saskatchewan.Under the council’s

News InsuranceLegalMergers and Aqcuisitions

B.C. changes Insurance Act to protect co-insureds

July 7, 2011 by Canadian Underwriter

B.C. has changed its Insurance Act to protect innocent co-insureds from coverage exclusions if a loss is caused by the criminal act of another person co-insured on the same policy.Based on the wording of the law, a policy exclusion would

News InsuranceLegalMergers and Aqcuisitions

Making the case for legal expense insurance in Canada

July 6, 2011 by Canadian Underwriter

Access to a lawyer or the legal system is increasingly difficult for middle-class Canadians, creating a demand for legal expense insurance (LEI), Barbara Haynes, president and CEO of DAS Canada said. During an interview with Canadian Underwriter, Haynes and Dr.