Canadian Underwriter

Topic
Legal


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.

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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

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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

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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

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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

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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

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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

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U.S. launches civil lawsuit against BP, QBE Underwriting and seven other parties for Gulf Coast oil spill

December 16, 2010 by Canadian Underwriter

The U.S. government has launched a civil lawsuit against BP, QBE Underwriting Ltd. and seven other parties it deems responsible for the Deepwater Horizon oil spill on Apr. 20, 2010.U.S. Attorney General Eric Holder did not say in his Dec.

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OSC alleges former Kingsway senior accountant and her son engaged in insider trading

December 14, 2010 by Canadian Underwriter

The Ontario Securities Exchange Commission (OSC) is examining accusations of insider trading against a former senior accountant of Kingsway Financial Services and her son.The securities regulator is holding a Jan. 27, 2011 hearing to examine allegations that Helen and Paul

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Extension of limitation period based on knowledge of existence – not the identity – of a possible party

December 13, 2010 by Canadian Underwriter

The Ontario Court of Appeal has confirmed in a slip-and-fall case that the knowledge of the existence – rather than the specific identity – of a potential party invokes the discoverability principle and postpones the expiry of applicable limitation periods.Roseanna

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Alberta Privacy Commissioner wonders why encryption not used in recent data breaches

December 13, 2010 by Canadian Underwriter

The Office of the Privacy Commissioner in Alberta says it’s “incomprehensible” why data encryption was not used in seven self-reported breaches of personal information over the past three months, each involving a stolen or lost laptop or digital device. “Encryption

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Ontario Police, IBC launch ‘Lock It or Lose It’ theft prevention program

December 3, 2010 by Canadian Underwriter

The Ontario Association of Chiefs of Police (OACP) and Insurance Bureau of Canada (IBC) are launching ‘Lock It or Lose It,’ a crime prevention program encouraging citizens to take a few simple precautions to prevent vehicle theft.  In partnership with