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Argentina changes reinsurance rules: reinsurance must be purchased through national or registered reinsurers

March 11, 2011 by Canadian Underwriter

Argentina has changed its reinsurance rules, cautions the insurance broker Marsh.“Argentine Superintendency (SSN) mandated last month that reinsurance in Argentina must be purchased through national or registered reinsurers,” Marsh Canada notes on its Web site. “This resolution follows the measures

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Common law spouse of husband who dies of injuries sustained in home fire cannot receive full home insurance payout until estranged children of spouse are contacted: judge

March 10, 2011 by Canadian Underwriter

The widow of a common-law husband, who died without a Will as a result of injuries from a fire that engulfed their insured home, cannot receive the balance of the home insurance payment until her husband’s estranged children can be

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

March 9, 2011 by Canadian Underwriter

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 lowball

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

March 8, 2011 by Canadian Underwriter

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 in

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B.C. judge cautions defence bar against swearing affidavits on behalf of clients

March 7, 2011 by Canadian Underwriter

A British Columbia judge has cautioned the insurance defence bar that lawyers should not be swearing affidavits on behalf of clients, except in the most limited of circumstances, and doing so might result in the waiver of solicitor-client privilege.British Columbia

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International business law firms seek to enter Canadian space through tie-ins with Canadian insurance and business law firms

March 7, 2011 by Canadian Underwriter

International business law firms are aiming to make their way into the Canadian market through tie-ins with local Canadian law firms, including firms working in the insurance area.Most recently, legal media reported United Kingdom insurance specialist Clyde & Co is

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Insurers may want to “try hardest” to settle claims with self-represented litigants: judge

March 4, 2011 by Canadian Underwriter

Given the additional time, effort and expense required to try cases involving self-represented litigants, insurers might want to give special consideration to settling these cases early, a Nova Scotia judge observed at the Canadian Defence Lawyers 7th Annual Insurance Symposium

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

March 4, 2011 by Canadian Underwriter

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 Canadian

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Ontario Court of Appeal holds up marijuana exclusion clause

March 2, 2011 by Canadian Underwriter

The Ontario Court of Appeal has upheld a marijuana exclusion clause when landlords tried to make a claim for damages arising from an explosion on their property caused by a tenant running a marijuana grow-up.In Pietrangelo v. Gore Mutual Insurance

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FSCO settlement related to IRBs can be deducted from a court award, not a settlement related to disability benefits: Ontario court

March 2, 2011 by Canadian Underwriter

The Ontario Court of Justice has ruled that a FSCO settlement for income replacement benefits (IRBs) counts as a “collateral benefit” and is therefore deductible from a court award, but a settlement from the Ontario Superior Court related to short-

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Insurers should think beyond compliance and remediate fuel spills to pre-spill conditions: environmental lawyer

March 1, 2011 by Canadian Underwriter

Insurers should consider the multiple benefits of remediating fuel spills to pre-spill conditions, even if new Canadian regulatory guidelines for handling and cleaning fuel spill sites apply to contaminated and Brownfield sites and not to domestic fuel spills.John Tidball, environmental

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5th Annual Post CICMA/CIAA Joint Conference Cocktail

March 1, 2011 by Canadian Underwriter

Hundreds of insurance claims industry guests attended the 5th Annual Post CICMA/CIAA Joint Conference Cocktail on Feb. 8, 2011. Entitled ‘The Big Mingle,’ the event was inspired by the television show Mad Men.  Giffin Koerth Forensics and Blouin Dunn LLP