Canadian Underwriter

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Legal


News InsuranceLegalLegislation / Regulation

Priority dispute over accident benefits hinges on endorsement

June 26, 2019 by Jason Contant

Continental Casualty Company (CNA Canada) must pay both mandatory and optional accident benefits to an injured pedestrian after a judge set aside the decision of an arbitrator in a priority dispute. Arbitrator Kenneth Bialkowski concluded in an April 2018 decision

News InsuranceLegalLegislation / Regulation

What insurers requested of police chiefs

June 24, 2019 by Adam Malik

Insurers are calling on greater collaboration with law enforcement to help fight auto insurance fraud. The cost of auto insurance fraud is overwhelming, and no one industry can tackle it alone, Don Forgeron, president and CEO of the Insurance Bureau

News ClaimsInsuranceLegal

Why insurers can expect claims from the Raptors parade

June 21, 2019 by Adam Malik

It won’t surprise at least one lawyer to hear about insurance claims stemming from the Toronto Raptors championship parade. There were plenty of exposures present during the event on June 17, mainly because of a lack of resources available and

News Legal

Why this bar is partly liable for impaired driving accident

June 20, 2019 by Greg Meckbach

Offering 12 beers for less than half price might be a good way for your client to get a crowd of customers into its bar, but it is not necessarily the best risk mitigation strategy. A Niagara area bar is

News ClaimsClaims CanadaLegalLegislation / Regulation

Debate over liability when pedestrian hit on road with no sidewalk

June 19, 2019 by Greg Meckbach

If your client hits a pedestrian while driving slightly faster than the limit in a dark rain storm, does that mean he or she is liable? It depends which judge you ask. Prashant Jadhav was walking down the shoulder of

Feature AdjustersClaims CanadaLegal

Ask the right questions

June 17, 2019 Chloe Mathioudakis, Litigator, Field Law; and Erika Carrasco, Partner, Field Law

Post-marijuana legalization, how will adjusters know if a driver is “intoxicated”?

Feature ClaimsClaims CanadaLegal

Playing with Fire

June 14, 2019 Glenn Gibson and Andrew Eckart

How an insurer successfully defended a risky arson case in which no charge was laid

News AdjustersClaimsClimate ChangeLegal

Why this vehicle accident defendant tried to quash $850,000 settlement

June 14, 2019 by Greg Meckbach

Adjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus.

News ClaimsClaims CanadaLegalRiskTechnology

How this cyber breach defendant got a six-figure cost award

June 13, 2019 by Greg Meckbach

Defendants who won a class-action lawsuit were recently awarded $166,000 to reimburse them for legal costs, but the plaintiffs are appealing. Casino Rama, located near Orillia, Ont. was the target of a cyber breach in 2016 by an unknown criminal.

News EngineeringLegal

$107-million Saskatchewan oil leak results in guilty plea

June 12, 2019 Colette Derworiz - THE CANADIAN PRESS

LLOYDMINSTER, Sask. – Husky Energy has pleaded guilty in a pipeline leak that sent oil spilling into a major river and fouled the source of drinking water for thousands of people. The spill into the North Saskatchewan River in July

News ClaimsLegalTechnology

Nova Scotia Health Authority investigating possible privacy breach

June 10, 2019 THE CANADIAN PRESS

HALIFAX – The personal health information of nearly 3,000 people may have been compromised in a phishing attack, the Nova Scotia Health Authority says. The health authority said Monday that it is investigating a “potential” privacy breach affecting 2,841 patients.

News ClaimsLegal

Sexual abuse class-action against Montreal oratory can proceed

June 7, 2019 by Greg Meckbach

If you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.