Canadian Underwriter

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Legal


Feature Legal

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
Feature LegalMergers and Aqcuisitions

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
Feature LegalMergers and Aqcuisitions

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
Feature LegalMergers and Aqcuisitions

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.

Richard Nellis
Feature LegalMergers and Aqcuisitions

Catastrophic Stair Falls

January 1, 2011 Richard Nellis and Bailey Gutkin, Kleinfeldt Consultants Limited

Careful investigation of stair falls is an important first step to reducing the risk of injuries in the future.

News InsuranceLegal

An ATV in B.C. is not an “automobile” under Ontario law: Ontario arbitrator

December 22, 2010 by Canadian Underwriter

An all-terrain vehicle (ATV) driven in B.C. does not count as an “automobile” under Ontario law, the Financial Services Commission of Ontario (FSCO) has determined.In Alana Bray and ING Insurance Company of Canada, Alana Bray was injured in June 2001

News InsuranceLegalMergers and Aqcuisitions

PwC reports slow, steady erosion of broker channel’s market share

December 22, 2010 by Canadian Underwriter

The independent broker channel is losing market share to the direct channel at a rate of roughly 0.43% per year, according to PwC’s Insurance Review: A Canadian Perspective. At that rate, the independent channel’s market share of 64% in 2009

News InsuranceLegalMarkets / Coverages

Insurer cites joint and several liability as a factor in Essex County’s 41.7% 2011 municipal insurance renewal

December 21, 2010 by Canadian Underwriter

Essex County in Ontario saw its 2011 municipal insurance renewal increase by 41.7% over 2010.The municipality’s insurer attributed the premium increase to higher liability claims costs, including larger damage awards, higher legal defence costs, more class actions, the impact of

News InsuranceLegalMergers and Aqcuisitions

DNA testing at the top of MPI’s list of Top 5 frauds in 2010

December 20, 2010 by Canadian Underwriter

DNA testing, CSI-style, ferreted out a fraud scheme in which a Manitoba driver vehemently denied crashing his car, causing his airbag to deploy.The attempted fraud made the top of Manitoba Public Insurance (MPI)’s Top 5 frauds of 2010.The vehicle owner

News InsuranceLegalMarkets / Coverages

Perth County sees its municipal insurance premium increase 54%

December 17, 2010 by Canadian Underwriter

Perth County Council approved a 54% increase to its 2011 municipal insurance premium, which rose to $445,056.The Council tendered an RFP to handle its municipal insurance in late November. Only two municipal insurers – Frank Cowan and the Ontario Municipal

News InsuranceLegalMergers and Aqcuisitions

Nova Scotia has right to recover nursing home costs against insurer in an auto accident case

December 17, 2010 by Canadian Underwriter

Nova Scotia’s Department of Health does have a subrogated right to claim against an insurer for nursing home costs arising from injuries sustained in a motor vehicle accident, according to the Supreme Court of Nova Scotia.In Slauenwhite v. Keizer, Jean