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Insurance agent nominee has duty to end unethical practices of employer(s): B.C. Insurance Council

May 12, 2010 by Canadian Underwriter

A Level 3 general insurance agent nominee must do more than simply report regulatory concerns to her employers (the principals of the brokerage), especially when the concerns include the conduct of the principals, the Insurance Council of B.C. has ruled.Raghbir

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Amendments to B.C. Insurance Act would mandate use of alternative dispute resolution

May 11, 2010 by Canadian Underwriter

Proposed amendments to British Columbia’s Insurance Act include the requirement that alternative dispute resolution (ADR) be the first step in resolving insurance disputes.The amendment is intended to reduce the number of insurance disputes that end up in litigation, said the

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New Brunswick plays game of wait-and-see with Nova Scotia’s new minor injury cap

May 11, 2010 by Canadian Underwriter

New Brunswick is keeping an eye on the outcome of Nova Scotia’s recent decision to triple its minor injury damages cap from $2,500 to $7,500, according to a report by the Times & Transcript, based in Moncton, New Brunswick.New Brunswick

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B.C. solicitor general considers making driving records public

May 10, 2010 by Canadian Underwriter

British Columbia’s solicitor general is mulling over the idea of making driving records — including impaired driving infractions — public, reports the Times Colonist.Mike de Jong, B.C.’s solicitor general, told the Times Colonist he would consider setting up a system

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OSFI calls on board members to help avert next financial crisis

May 10, 2010 by Canadian Underwriter

Board directors of financial institutions “need to take better ownership for averting the next [financial] crisis,” says Canada’s solvency supervisor.This means board directors should take a more active role in supervising and the risk management decisions of corporate management, said

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Hiring a lawyer can be a “cost-efficient” way to manage some exposures in Ontario’s expanded claims court

May 7, 2010 by Canadian Underwriter

Hiring experienced counsel to help craft strategic offers of settlement might just be the most cost-effective way for an insurer to negotiate Ontario’s newly expanded small claims court, Todd J. McCarthy of Flaherty Dow Elliott & McCarthy told a Canadian

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Canada re-introduces auto theft legislation

May 5, 2010 by Canadian Underwriter

Canada’s Department of Justice has re-introduced a bill in the Senate that seeks to create a separate offence for motor vehicle theft and stop the trafficking of property obtained by crime.“Our government is taking action to protect Canadians, their property

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New Brunswick brings limitation periods in line with Ontario, Saskatchewan

May 4, 2010 by Canadian Underwriter

Recent changes to New Brunswick’s general limitation periods bring the province’s laws in line with those of Ontario and Saskatchewan.Section 5 of New Brunswick’s Limitation of Actions Act now provides that the “basic” limitation for motor vehicle accidents, claims in

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MPI argues competitive lines of business not subject to public disclosure

April 29, 2010 by Canadian Underwriter

Manitoba’s Public Utilities Board (PUB) has gone to the province’s appeal court to get Manitoba Public Insurance (MPI) to disclose financial information that would ensure Autopac rates are set fairly.The fact the PUB went to court became a topic of

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Ontario Appeal Court refines concept of damages “too remote” for recovery

April 27, 2010 by Canadian Underwriter

The Ontario Court of Appeal has refined the concept of “damages too remote for recovery,” recently distinguishing the fact situation in Frazer v. Haukioja from that of the Supreme Court of Canada case, Mustapha v. Culligan of Canada Ltd. In

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Finance Minister to meet with banks about banning insurance sales on banks’ Web sites

April 26, 2010 by Canadian Underwriter

Finance Minister Jim Flaherty expects to be sitting down with Canadian bank executives sometime over the next 10 days and discussing the government’s directive to remove insurance sales from their Web sites, according to media reports.Flaherty made the remarks to

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Ontario Appeal Court overturns decision that would have widened scope for taping defence medical examinations

April 23, 2010 by Canadian Underwriter

In a 3-2 decision, the Ontario Court of Appeal has reversed a lower court ruling that would have allowed taping of defence medical examinations in most (if not all) cases where a request is made, based on an alleged “systemic