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Why Supreme Court of Canada is looking at risk-based underwriting

October 21, 2019 by Greg Meckbach

Does the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting

News ClaimsClaims CanadaLegal

Investigation continues after van dragged pedestrian several blocks

October 21, 2019 THE CANADIAN PRESS

VANCOUVER – A 24-year-old woman must undergo multiple surgeries to reconstruct her face after a van dragged her for several blocks in downtown Vancouver last weekend An online fundraising page for the woman, only identified as Desiree, says doctors at

News InsuranceLegalRisk

How much leeway does a condo corporation have when conducting repairs?

October 18, 2019 by Jason Contant

If a condo corporation enters your client’s unit to repair suspected flood damage but finds other hazards, can they complete those additional repairs instead and seek reimbursement from the unit owner? It would appear not, if the factors of the

News ClaimsClaims CanadaLegal

Supreme Court of Canada mulls liability for reputational harm from tainted meat

October 17, 2019 by Greg Meckbach

If a restaurant loses business because it served meat from a batch later discovered to be unsafe, is the supplier of that meat liable, in tort, to the restaurant for its economic loss due to a tarnished reputation? That question

News ClaimsInsuranceLegal

Another province joins class action lawsuit against opioid manufacturers, distributors

October 16, 2019 Bill Graveland - THE CANADIAN PRESS

CALGARY – The Alberta government is joining a class-action lawsuit to recoup health-care costs related to the opioid crisis, the province’s health minister said Tuesday. Tyler Shandro said there were almost 800 fatal overdoses and 4,200 emergency calls related to

News Claims CanadaInsuranceLegal

How much does auto insurer owe an injured claimant who cannot go to school?

October 11, 2019 by Greg Meckbach

Saskatchewan’s government-run auto insurer has won a victory of sorts before the Supreme Court of Canada arising from a disputed accident benefits claim, although the carrier lost its key argument. Canada’s top court announced Thursday it will not hear an

News InsuranceLegal

Quebec to appeal court ruling on homegrown cannabis

October 10, 2019 The Canadian Press

QUEBEC – The Quebec government says it will appeal a decision invalidating parts of Quebec’s cannabis law that prohibited home cultivation. On Sept. 3, Quebec Superior Court Justice Manon Lavoie ruled Quebec’s legislation infringed upon the jurisdiction of the federal

News Claims CanadaLegal

Alberta grocer’s subrogated $761,000 profit loss claim before the courts

October 9, 2019 by Greg Meckbach

After an Alberta shopping mall experienced its fourth roof collapse, an IGA supermarket lost millions in sales because it had to close for more than six months. A business interruption claim of nearly $800,000 followed, but the calculation of the

News EngineeringLegal

Why this homeowner lost legal battle with neighbour over basement water problem

October 8, 2019 by Greg Meckbach

A Toronto homeowner who experienced basement water infiltration has lost his bid to sue the neighbours uphill from him for more than $83,000. In 2014, Chester Dawes bought his home, between the Humber River and High Park, in what used

News ClaimsClaims CanadaInsuranceLegalTechnology

Why artificial intelligence should be able to detect auto fraud

October 7, 2019 by Greg Meckbach

Artificial intelligence can make it nearly impossible for fraudsters to make a false claim appear real, the founder of an A.I. vendor suggests. If an auto insurance claim is fraudulent, A.I. software could pick up on that as long as

News AdjustersInsuranceLegal

How liability works when pedestrian wearing dark clothing gets hit at night in crosswalk

October 2, 2019 by Greg Meckbach

The wife of an Abbotsford, B.C. insurance broker has been awarded nearly $574,000 as a result of a vehicle accident, but the award would have been $765,000 had the plaintiff not been found partly liable for the accident. She was

News ClaimsLegal

Why this motorist is not entitled to compensation for towing damage claim

October 1, 2019 by Greg Meckbach

A motorist seeking nearly $4,000 for a vehicle that was allegedly damaged while being towed cannot recover the money from either the Insurance Corporation of British Columbia or BCAA Insurance Corporation, the province’s civil resolution tribunal has ruled. In October,