Canadian Underwriter

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Legal


News InsuranceLegalMergers and Aqcuisitions

Split board on pallet in Superstore results in $48,513 trip-and-fall award

January 7, 2011 by Canadian Underwriter

Risk managers for company superstores will want to make sure their companies check the repair of pallets that display store stock in the middle of their aisles, following a recent B.C. Supreme Court decision in Etson v. Loblaw Companies Ltd.A

News InsuranceLegalMergers and Aqcuisitions

Alberta doubles threshold for reporting vehicle collisions

January 6, 2011 by Canadian Underwriter

Alberta has doubled the amount of property damage that must be sustained before requiring a motorist to report a vehicle collision to a peace office.Motorists must now report damages exceeding $2,000 instead of $1,000.The change came into effect on Jan.

News InsuranceLegalMergers and Aqcuisitions

ICBC loses appeal in hit-and-run case

January 6, 2011 by Canadian Underwriter

The Insurance Corporation of British Columbia (ICBC) has lost its bid to appeal a case in which a gas station owner was injured after a customer filled up her car with gas and attempted to drive away without paying.Parminder Kumar

News InsuranceLegal

OSFI posts final guidance on reinsurance security agreements

January 6, 2011 by Canadian Underwriter

The Office of the Superintendent of Financial Institutions (OSFI) has posted the final version of its Guidance for Reinsurance Security Agreements.OSFI expects all new agreements to comply with the guidance, beginning July 1, 2011.The guidance spells out criteria to be

Feature LegalMarkets / CoveragesMergers and Aqcuisitions

MarketPlace (January 01, 2011)

January 1, 2011 by Canadian Underwriter

Canadian Market Proposed changes to capital test would decrease P&C insurers’ MCT scores by 14% Proposed changes to the 2012 Minimum Capital Test (MCT) would decrease federally regulated Canadian property and casualty insurers’ aggregate MCT ratio by 14%, to 212.6%,

Feature Legal

ARC Group Canada Annual Seminar & Cocktail Reception

January 1, 2011 by Canadian Underwriter

The ARC Group Canada held its Annual Seminar & Cocktail Reception on Oct. 28 at the St. Andrews Club & Conference Centre. Delegates heard from insurers and lawyers about professional liability issues. Guests attended a reception immediately following the seminars.

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Psyched Out

January 1, 2011 Craig Harris, Freelance Writer

More frequently, insurers are seeing physical injury claims accompanied by claims for psychological injuries.

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Hughes Amys Holiday Party

January 1, 2011 by Canadian Underwriter

Friends of Hughes Amys Barristers and Solicitors gathered at the Irish Embassy for the firm’s annual Holiday Party on Nov. 25. Chuck Jackson, lead singer of Downchild Blues Band, provided tunes to keep the party hopping.

David McEwan
Feature Legal

Duty to Report

January 1, 2011 David McEwan, Q.C., and Fritz Gaerdes, Alexander Holburn Beaudin & Lang LLP

A broker owes a duty of care to let a client know about negotiations concerning policy endorsements/exclusions, but a plaintiff that benefits from the negotiations will not be able to recover damages in court in the event the broker did not keep the plaintiff in the loop, a B.C. court has found.

Teresa Riverso
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Differential Diagnosis

January 1, 2011 Teresa Riverso, President, Supportive Environments Inc.

This two-part article discusses the real, potential and anecdotal effects of Ontario’s auto insurance reforms on access to health care for auto injury claimants. Part I of the article, reproduced below, analyzes the impact of the Minor Injury Guideline (MIG)

Lorne Folick
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Waivers at Work

January 1, 2011 Lorne Folick, Senior Partner, Dolden Wallace Folick LLP (with help from Trevor R. Thomas, associate)

The enforceability of waivers depends on a variety of factors determined by the courts, including principles of contractual interpretation, the circumstances in which waivers are read (or not read) and the age of the people signing them.

The Road to Innovation
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Necessity Breeds Innovation

January 1, 2011 David Gambrill, Editor

Insurers are working with their claims-handling partners to find new ways to reduce the $18 billion in claims costs Canadian property and casualty insurers paid out as of 2010 Q3. Innovation comes in various forms, including billing arrangements, more efficient business or best practices, reducing administrative costs and even changing the nature of the insurer-vendor partnerships themselves.