Canadian Underwriter

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Legal


Feature Claims CanadaLegal

Insured doesn’t know about policy cancellation if registered notification comes back as “unclaimed”: arbitrator

March 31, 2011 by

An insurance company cannot presume a policyholder knows his or her insurance has been cancelled when a registered letter informing the insured about the cancellation is stamped “unclaimed” by Canada Post, an Ontario arbitrator has found. Marcia Walker was injured

Feature Claims CanadaLegal

Good faith claims may just ‘distract’ from common law principles that apply to insurance contracts: lawyer

March 31, 2011 by

An insurer’s duty to act in good faith may not actually mean much beyond the standard common law doctrines that apply to insurance contracts, according to Roderick Winsor of Blaney McMurtry LLP. Winsor is the author of Good Faith in

Feature Claims CanadaLegal

Court voids claims waiver based on power imbalance between adjuster and plaintiff

March 31, 2011 by

The Ontario Superior Court of Justice has voided a release waiving all claims against a defendant and his insurer in an auto accident claim, based on the fact that the insurance adjuster had used his unequal bargaining power to low

Feature Claims CanadaLegal

Mitigation Strategies

March 31, 2011 Laura Kupcis

A panel of industry personnel discusses their issues around settlement and mitigation

News InsuranceLegalMergers and Aqcuisitions

Ontario to consider administrative monetary penalties for breaches of Insurance Act

March 30, 2011 by Canadian Underwriter

The Ontario government is proposing to review of the Ontario Insurance Act, including the possibility of introducing administrative monetary penalties.The government made the review known in its 2011 budget. This would be the first review of these major parts of

News InsuranceLegalMergers and Aqcuisitions

Ontario insurance regulator outlines insurers’ rights and responsibilities in curbing “questionable or abusive claims”

March 25, 2011 by Canadian Underwriter

Ontario’s insurance regulator, the Financial Services Commission of Ontario (FSCO), has issued a bulletin outlining an insurer’s “rights and responsibilities to challenge questionable or abusive claims.”The bulletin comes in the wake of the province’s auto insurance reforms, implemented on Sept.

News InsuranceLegal

Insurance and Bank Web site regulations may have to wait for the federal election

March 25, 2011 by Canadian Underwriter

Canada’s government has now officially fallen, and the resultant election will likely postpone the official seal of approval of new regulations prohibiting banks from promoting unauthorized insurance on their Web sites.Canadian Prime Minister Stephen Harper’s government fell in a non-confidence

News InsuranceLegal

Ontario broker regulator cautions about use of filters in online quoting services

March 24, 2011 by Canadian Underwriter

Brokers need to make sure they are not using technology as a means to sidestep regulatory obligations, particularly with regard to the use of filters in online quoting services, the president of the Registered Insurance Brokers Association of Ontario (RIBO),

News InsuranceLegal

Government’s budget includes plans for regulatory framework on P&C demutualizations

March 23, 2011 by Canadian Underwriter

The federal government’s proposed budget, introduced on Mar. 22, 2011, confirmed the government was working on a regulatory framework that would allow property and casualty insurance companies to demutualize.As of press time, the budget was widely anticipated to be defeated,

News AssociationsInsuranceLegal

IBC urges consumers to learn how to identify insurance fraud

March 23, 2011 by Canadian Underwriter

The Insurance Bureau of Canada (IBC) estimates insurance fraud to be a multi-million-dollar business in Ontario, contributing to the high cost of auto insurance in the province. IBC recognized Fraud Prevention Month in March, by urging consumers to take the

News InsuranceLegalMergers and Aqcuisitions

B.C. Insurance Council suspends license of agent, agency, pending investigation into allegations including fraudulent transfer of a car

March 22, 2011 by Canadian Underwriter

The B.C. Insurance Council has suspended the license of agent Yik Lun Hui and insurance agency Roadways Insurance Agencies Inc., pending the outcome of a council investigation into allegations that Hui failed to carry out his duties and responsibilities as

News InsuranceLegal

Consumer can seek class action certification, despite contract fine print: Supreme Court

March 18, 2011 by Canadian Underwriter

The Supreme Court of Canada has ruled that a B.C. woman can still launch a class action lawsuit against her cellphone provider, even though the fine print of her contract had a clause that waived her right to sue.In Seidel