Canadian Underwriter

Topic
Legal


Feature Earnings / RatingsLegal

Change of Topic: National Insurance Conference of Canada, Where Industry Leaders Meet

October 1, 2012 Harmeet Singh, Online Editor and Angela Stelmakowich, Editor

Canada’s property and casualty insurance industry is facing complex issues. Insurance and reinsurance companies, brokers, regulators and risk managers are likely to be touched by the changes currently unfolding.

Barbara Haynes, CEO and President, DAS Canada
Feature Legal

Gaining Traction

October 1, 2012 Barbara Haynes, CEO and President, DAS Canada

Legal expense insurance was previously an untapped resource. But an increasingly litigious environment, coupled with enhanced availability of related insurance products, seems to indicate the times are, indeed, changing.

Feature Legal

Follow Suit

October 1, 2012 Mary Maloney, Vice President and Executive Protection Product Manager, Chubb Insurance

A survey of public company executives in the United States reveals little concern over the possibility of being sued – this despite almost a quarter of responding companies having already been sued.

Feature Legal

Who Owns It?

October 1, 2012 The CIP Society, Insurance Institute of Canada

As with all businesses, people move on to new jobs and new employers. But who is the rightful owner of the client list of a producer, having built an impressive book of business over two decades, when he or she heads out the door?

Feature Legal

Marketplace

October 1, 2012 by Canadian Underwriter

REGULATION Ruling on catastrophic impairment overturned The Court of Appeal for Ontario has sided with a claimant and against her insurer, Aviva Canada Inc., in her bid to have the injuries she sustained in a car accident classified as “catastrophic

Feature Legal

Virtual Protection

October 1, 2012 Craig Harris

Regulators in Canada are examining whether or not electronic commerce practices in insurance meet consumer protection standards. While the internet has exploded in terms of comparison price shopping and research, the ability to “buy and bind” raises key issues about customer access to advice from licensed professionals and appropriate safeguards. It is a discussion that is, in some areas, pitting brokers against direct insurers.

Feature Legal

On Notice

October 1, 2012 Hugh Fardy, Senior Vice President, The CG&B Group Inc.

Brokers are well-advised to get acquainted with the common definitions contained in every professional liability policy to fulfill their obligation to provide prompt notice – and to protect themselves.

Feature AssociationsClaims CanadaLegal

Target Fraud

September 30, 2012 Craig Harris

The insurance industry has organized crime in its crosshairs. There is today a more detailed understanding of the extent of sophisticated fraud rings and how they steal from insurers and their customers. There is also a sense that now is the time for more specific strategies to bolster regulations, cut off the flow of money and punish offenders.

Feature Claims CanadaLegal

Due Diligence Defence

September 30, 2012 Owen Smith

After more than 40 years of defending insurance claims, I can observe that the insurance industry in general spends entirely too much time and effort building reactive defences to whatever the plaintiff has claimed. Quite simply, we tend to fight

Feature Claims CanadaLegal

The Fine Line Between Custodial and ‘On Call’ Care

September 30, 2012 Philippa G. Samworth and Andrea R. Lim

In cases involving severe brain injuries, the Assessment of Attendant Care Needs (Form 1) certainly allows for custodial care under Level II attendant care. However, the Form 1 may not necessarily allow for a situation where an insured requires non-custodial

Feature Claims CanadaLegal

Dimming the ‘Bright Line’ Rule

September 30, 2012 Linda Matthews and Laura Hodgins

An examination of The Glasgow Coma Scale and Catastrophic Impairment

Feature Claims CanadaLegal

Expert Costs Under Scrutiny

September 30, 2012 Darcy Merkur

Overcharging experts beware – no longer will the courts simply rubber stamp disbursements claimable against a losing party. While the courts have historically been relatively assertive in assessing legal fees, and in making sure that the time spent and the