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Legal


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Ont court rules banks promoting or selling insurance not immune to provincial legislation

December 7, 2009 by Canadian Underwriter

Ontario banks that promote or accept applications for insurance products are subject to the provincial Insurance Act, Ontario’s Superior Court of Justice has ruled.In Royal Bank of Canada v. Salih and Mirsada Mujagic, Salih and Mirsada Mujagic alleged that RBC

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Provincial regulators ask foreign insurers to sign common undertaking on how they will do business post-Part XIII

December 3, 2009 by Canadian Underwriter

Canada’s provincial regulators are asking foreign insurers to voluntarily sign a common undertaking on how they will conduct their business in the provinces in light of the implementation of the Office of the Superintendent of Financial Institutions (OSFI)’s Part XIII

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What’s New: In Brief (December 02, 2009)

December 2, 2009 by Canadian Underwriter

More than 1,800 ideas designed to improve Canadian communities were submitted to Aviva Canada Inc.’s ‘Aviva Community Fund’ competition.The Top 62 now move into the semi-final round.In the semi-final round, the ideas will continue to vie for votes until Dec.

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More provincial regulators might break with OSFI over “insuring in Canada a risk”: ILO paper

December 1, 2009 by Canadian Underwriter

An apparent split between the federal and provincial jurisdictions over the question of “insuring in Canada a risk” may cause more provincial regulators to state divergent views from those of the Office of the Superintendent of Financial Institutions (OSFI), says

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What’s New: In Brief (November 27, 2009)

November 27, 2009 by Canadian Underwriter

Wadena has won SGI’s 2009 Seatbelt Challenge in the Saskatoon Health Region and will receive up to $50,000 for traffic safety improvements in its community.The 2009 edition of the Seatbelt Challenge pitted the communities of Wadena, Lanigan, Watrous and Wynyard

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Insurer’s subrogation right under Standard Mortgage Clause must establish no liability to the insured: Ontario court

November 26, 2009 by Canadian Underwriter

The subrogation right of an insurer under the Standard Mortgage Clause in an insurance policy cannot be exercised simply upon the insurer paying the loss award to a mortgagee without the insurer also establishing — as opposed to merely asserting

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Ontario insurer not obliged to pay for assessments that it did not pre-approve: FSCO

November 25, 2009 by Canadian Underwriter

An Ontario woman who unilaterally sought Cdn$18,073 worth of medical assessments is not entitled to recoup the money from her insurer, since she did not obtain her insurer’s approval in advance of the assessments, the Financial Services Commission of Ontario

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A.M. Best downgrades Kingsway Financial and its subsidiaries

November 24, 2009 by Canadian Underwriter

A.M. Best Co. has downgraded the issuer credit rating and senior debt rating to “ccc” from “b-“ of Kingsway Financial Services Inc. (KFS) and Kingsway America Inc. (KAI).In addition, A.M. Best has downgraded the financial strength rating (FSR) to B-

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What’s New: In Brief (November 20, 2009)

November 20, 2009 by Canadian Underwriter

A man who obtained two drivers licenses under different aliases has been handed a six-month jail sentence. When applying for a license to drive in British Columbia in September 2004, Christopher Richard Alblas presented an Alberta driver’s license. After a

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What’s New: In Brief (November 18, 2009)

November 18, 2009 by Canadian Underwriter

Insurance Bureau of Canada (IBC) is cautioning that current conditions in British Columbia’s Fraser Valley are similar to those that led to floods of the Fraser Valley in 2003 and 2007.The provincial, federal and municipal governments have made significant investments

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Pennsylvania insurance regulator seeks legal action against Kingsway

November 17, 2009 by Canadian Underwriter

The Pennsylvania Department of Insurance (DOI) is taking legal action against Kingsway Financial Services, Inc. (TSX, NYE: KFS) to unwind the company’s donation of its shares of Lincoln General Insurance Company to charities.Kingsway announced in October 2009 that it had

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Landlords can delegate snow removal to tenants, but not in tenancy agreement: Ontario Court of Appeal

November 17, 2009 by Canadian Underwriter

A landlord can delegate snow removal tasks to tenants, but this must be done in a contractual agreement separate from the tenancy agreement, the Ontario Court of Appeal has ruled in a slip-and-fall case.“In order to be effective, a clause