Canadian Underwriter

Topic
Legal


News Legal

Priority dispute in mechanic test-drive case could reach top court

June 27, 2018 by Greg Meckbach

A priority dispute between Ontario auto insurers over who should pay accident benefits to a mechanic injured while test-driving a customer’s car could be headed to Canada’s highest court. Auto repair shop owner Jing Hua Fan was hurt in 2011

News InsuranceLegal

Insurance lawyer questions whether LAT has ‘appearance’ of fairness

June 26, 2018 by Greg Meckbach

An anonymous letter about how an auto injury claim was handled by the Ontario License Appeal Tribunal raises “concerns” about the LAT decision-making process, an insurance lawyer warns. Anonymous evidence should generally not be given any weight in court proceedings,

News ClaimsInsuranceLegal

Auto insurer on hook for $300K after client address mix-ups

June 26, 2018 by David Gambrill

If you can’t find your itinerant clients, have they failed to cooperate with your defence of an auto insurance liability action? An Ontario court recently ordered Gore Mutual Insurance Company to pay a $300,000 balance owing on a settlement judgment,

News InsuranceLegalTechnology

Data breach defendant must hand over computer forensics reports: court

June 26, 2018 by Greg Meckbach

An Ontario casino facing a class-action lawsuit over a data breach has lost its bid to prevent plaintiffs from getting their hands on part of a computer forensics investigation report. The casino claimed the report was protected by litigation privilege

News ClaimsInsuranceLegal

Insurer owes $234K in priority dispute when “named insured” is not the actual car owner

June 22, 2018 by David Gambrill

Ontario’s Motor Vehicle Fund has recovered $234,574 in a priority dispute arising when GAN Canada Insurance (since acquired by Aviva Traders) sent a policy termination notice in 2001 to a named insured who was not the owner of the car

News ClaimsLegal

Court ruling calls independence of auto claims dispute arbitrators into question

June 22, 2018 by Greg Meckbach

The Ontario Licence Appeal Tribunal’s first ruling on whether an auto accident claimant is catastrophically impaired has been quashed by a three-judge Divisional Court panel. The decision-making process at LAT “creates a reasonable apprehension of lack of independence” on the

News ClaimsLegal

Auto injury lawsuit involving restaurant tip income could reach Canada’s highest court

June 21, 2018 by Greg Meckbach

A Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of

News ClaimsLegal

Oil sands firm could get green light for random drug and alcohol testing

June 19, 2018 by Greg Meckbach

A recent Supreme Court of Canada ruling opens the door to random drug and alcohol testing of Alberta oil sands workers operating heavy equipment. The outcome will no doubt affect some risk managers because employers can be held responsible for

Feature Legal

Who’s at Fault?

June 15, 2018 Adam Campbell, Senior Associate, Human Factors, -30- Forensic Engineering

A guide for assessing the liability of machine drivers when they don’t live up to the standards of human drivers.

News LegalMarkets / Coverages

Regulator says company had legal obligation to fix and maintain rail line

June 15, 2018 The Canadian Press

WINNIPEG – Federal regulators have ruled that the owners of a broken rail line to Churchill were wrong not to repair the line that kept the northern Manitoba community connected to the outside world. The Canadian Transportation Agency says the

News BrokersInsuranceLegal

How brokerages should handle employees’ use of social media

June 13, 2018 by Greg Meckbach

Negative public reaction to some high-profile Twitter and Instagram posts raises the question of whether insurance brokerage owners should monitor the personal social media accounts of their workers. “We don’t police our staff’s Facebook pages,” reports Calgary brokerage owner Robyn

Feature Legal

Will top court give waivers a sporting chance?

June 11, 2018 David Dias, Freelance Writer

Why the fate of insuring sports and recreational facilities hangs in the balance