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Waivers more likely to reduce exposures in B.C. than in Ontario: B.C. defence counsel

October 21, 2010 by Canadian Underwriter

The efficacy of waivers in reducing a company’s risk exposure is uneven in Canada, and is more likely to be effective in B.C. than in Ontario, according to Lorne Folick, senior partner at Dolden Wallace Folick LLP.Folick was discussing liquor

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Demand for professional indemnity coverage surges in Oct. 1 renewal season: Aon

October 20, 2010 by Canadian Underwriter

Demand for professional indemnity (PI) coverage by the legal profession surged nearly 400% over 2009 leading up to Oct. 1 renewals, reports Aon.By August 2010, Aon reported receiving nearly four times the number of proposals than the same time last

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Selling a home is not proof of intention to buy new one, arbitrator rules

October 19, 2010 by Canadian Underwriter

On an “expenses incurred” issue, an Ontario arbitrator has found a claimant catastrophically injured in a car accident is not obligated to purchase a new home before an insurer is liable to pay home modification benefits.Nevertheless, the arbitrator added, in

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Securities lawsuits ramp up even as credit crisis winds down

October 14, 2010 by Canadian Underwriter

The credit crisis may have abated, but the pace of securities lawsuit filings in the United States has quickened, according to an Advisen report.The report, sponsored by Ace, notes 284 securities lawsuits have been filed so far in 2010 Q3.

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Ontario court delves into the timing of threshold motions during jury trials

October 13, 2010 by Canadian Underwriter

Ontario’s courts seem to be in a quandary about the timing of hearing a threshold motion in a jury trial. A threshold motion under s. 276.5(15) of the Insurance Act determines whether an auto injury is “serious or permanent.”The quandary

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Company director’s risk profile in D&O program is tied to company’s overall risk profile

October 13, 2010 by Canadian Underwriter

The risk profile of a company director is increasingly becoming synonymous with the risk profile of the entire company, according to Jordon Solway, general counsel and vice president at Munich Canada.Solway spoke at a D&O seminar sponsored by the Ontario

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Insurers must reassess reports to avoid special awards in arbitration

October 12, 2010 by Canadian Underwriter

Insurers not wishing to be vulnerable to special awards in arbitration must be prepared to reassess new information contradicting reports upon which the denial of a claim is based.In Sanmuganathan Elaiathamby and State Farm Mutual Automobile Insurance Company, Ontario’s insurance

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Ontario Superior Court dismisses claim that insurer’s investigation constituted abuse of process and conspiracy

October 8, 2010 by Canadian Underwriter

The Ontario Superior Court ruled that a plaintiff’s claim that an insurer’s investigation constituted abuse of process and conspiracy was scandalous, frivolous and vexatious. In Pontillo v. Zinger et. Al., Antoinetta Pontillo was involved in a car accident with Todd

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Insurer’s exemption ruled invalid because it is written in the present tense

October 7, 2010 by Canadian Underwriter

The Ontario Court of Appeal has ordered The Personal Insurance Company to defend two homeowners accused of negligently representing the condition of their home in a sale to others, because the exclusion meant to cover ‘breach of contract’ was written

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Lower discount rate in Ontario means adjourning trials into 2011 could cost insurers “several hundred thousand dollars”: lawyer

October 4, 2010 by Canadian Underwriter

The reduction of Ontario’s discount rate for catastrophic injury trials could significantly increase the future care and future loss of income costs for insurers, warns Stephen R. Moore, a lawyer with Blaney McMurtry.In the bulletin, Don’t Adjourn This Fall’s Large

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Insurers urged to get written conflict-of-interest statements from law firms and treatment/assessment facilities

October 4, 2010 by Canadian Underwriter

Insurers wishing to expose potential insurance fraud should be getting written conflict-of-interest statements from legal, treatment and assessment facilities, a fraud investigator suggests.Donna Ford, an insurance fraud investigator with Northwood & Associates, addressed the topic of insurance fruad at the

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Cooperation among insurers is the key to fighting fraud: special investigator

October 1, 2010 by Canadian Underwriter

Cooperation between insurers is the key to a successful automobile fraud investigation, according to Rick Muir, senior special investigator with Desjardins General Insurance Group, The Personal and Certas Direct Insurance Companies. Right now, however, many insurers are going at it