Canadian Underwriter

Topic
Legal


sleeping woman in autonomous car. Driverless car. Self-Driving car. UGV (unmanned ground vehicle).
News ClaimsInsuranceLegalLegislation / Regulation

Regulations for insuring self-driving cars required sooner rather than later, lawyers say

May 27, 2022 by David Gambrill

Canada is not ready to insure even partially automated vehicles (AVs), but the move towards fully-automated vehicles could be here by as early as 2026, warn lawyers at Borden Ladner Gervais LLP. Provincial legislatures will therefore need to update their

Angry woman driving a car.
News ClaimsInsuranceLegal

Fume all you want, don’t hit erratic drivers in front of you

May 26, 2022 by David Gambrill

No matter how much a driver might fume about the slow driver ahead, the driver behind him is still responsible for maintaining a safe distance to avoid a collision — even if the slow driver tries to block the driver

Shot of a young man and woman going over building plans at a construction site
News ClaimsCommercial LinesConstructionEngineeringInsuranceLegal

Insurers must defend, even if damage falls below the deductible

May 24, 2022 by David Gambrill

Insurers have a duty to defend in construction cases involving policy exclusions for a “work performed” or “own work,” even if the amount of property damage claimed falls under the policy deductible, Ontario’s Court of Appeal has ruled. In GFL

Tow Truck Towing A Vehicle On A Two Lane Highway
News ClaimsClaims CanadaInsuranceLegal

Tow truck driver granted “absolute discharge” for his role in staged collision

May 19, 2022 by David Gambrill

Ontario’s Court for Appeal has given an “absolute discharge” to a tow truck driver who pleaded guilty to fraud under $5,000 – and served a six-month conditional sentence – for his role in a staged collision that cost two insurers

A rear view of a businessman as he places his hand on his head and looks up at random numbers from a clock face that appear on the wall in front of him.
News ClaimsInsuranceLegal

New innocent co-insured law does not apply retroactively: Appeal Court

May 18, 2022 by David Gambrill

Ontario’s new innocent co-insured law does not apply retroactively to claims events that happened before the legislation was passed, the Ontario Appeal Court has ruled. The co-insured rule restricts application of insurers’ policy exclusions for criminal acts only to those

Stock market trading screen showing sell-off.
News BrokersClaimsClaims CanadaCommercial LinesInsuranceLegalRisk

Stock market volatility may spike E&O claims

May 17, 2022 Michelle Schriver

Investors are taking a turbulent ride as global stock markets correct and increasingly run the risk of entering recession territory. And, with some advisors’ clients ‘at the edge,’ that raises a red flag for errors and omissions (E&O) claims against

Hand holds a car and a car key
News ClaimsInsuranceLegal

Car owner vicariously liable for crash despite reporting her vehicle stolen

May 13, 2022 by David Gambrill

A car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the

Gavel and remote control from car on table.
News ClaimsInsuranceLegalMarkets / Coverages

Appeal Court green-lights key feature of B.C.’s no-fault auto reform

May 12, 2022 by David Gambrill

A central pillar of the B.C. government’s auto insurance reform — that the province’s Civil Rules Tribunal (CRT) has exclusive jurisdiction to determine minor injuries below $50,000, and not the courts — has been found constitutional by the B.C. Appeal

An insurance policy is pictured laying on a desk with black framed glasses and a magnifying glass atop it.
News BrokersInsuranceLegalLegislation / Regulation

What CISRO’s conduct principles mean for brokers

May 12, 2022 by Alyssa DiSabatino

Canadian Insurance Services Regulatory Organizations (CISRO) has recently published the Principles of Conduct for Insurance Intermediaries, intended to help ensure the fair treatment of P&C consumers — and the Ontario regulator predicts broker compliance will be high.   Many of

Night Driving Thru Forest - Straight Road and Creepy Dark Forest.
News AdjustersClaimsInsuranceLegal

What auto insurers need to deny coverage based on alleged suicide attempt

May 11, 2022 by David Gambrill

Editor’s Note: This article has been corrected so that all incorrect references to Unica have been replaced with correct references to Optium. Canadian Underwriter apologizes for the error.   If an insurer wishes to deny auto coverage to an injured

Interviewer asking questions
News AdjustersClaimsClaims CanadaInsuranceLegal

Don’t investigate fraud suspicions indefinitely, court tells insurer

May 6, 2022 by David Gambrill

If an insurer suspects fraud in a house fire contents claim, it might be better to deny the claim within 60 days, alleging fraud, rather than to prolong the claims investigation indefinitely while asking for documentation from the insured that

Gavel representing court decision.
News AdjustersBrokersClaimsClaims CanadaCommercial LinesConstructionInsuranceLegalRestoration

3 lessons about brokers’ obligations to insureds

May 6, 2022 Harmon C. Hayden

A broker has an obligation to help clients understand policy specifics and avoid coverage gaps, and it’s not necessarily going to save them if the client hasn’t reviewed the policy, the British Columbia Court of Appeal found recently in Alvaro