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Proposed changes to Ontario medical and rehab benefits potentially “problematic” for brokers

January 15, 2010 by Canadian Underwriter

The proposal to decrease Ontario’s medical and rehab benefit from $100,000 to $50,000, including an option to purchase higher limits, will place a huge onus on brokers and expose them to an increased risk of litigation, said Philippa Samworth, a

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Third time not a charm when disclosing limitation periods in Alberta: Insurance industry

January 11, 2010 by Canadian Underwriter

Insurers generally agree with the Alberta insurance regulator that disclosure of limitation periods to litigate a claim should be “transparent” and “fair,” but a general industry consensus has evolved that requiring an insurance company to notify a claimant about the

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Part XIII amendments not likely to change the amount of “unlicensed” insurance in Ontario: RIBO

January 7, 2010 by Canadian Underwriter

Contrary to its initial expectations, Registered Insurance Brokers of Ontario (RIBO), the self-regulating body of Ontario’s insurance brokers, says the Part XIII amendments to the federal Insurance Companies Act (ICA) will not likely change the amount of “unlicensed” insurance written

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Ontario’s new Rules of Civil Procedure apply to motions filed before Jan. 1, 2010

January 6, 2010 by Canadian Underwriter

A motion for summary judgement filed in 2009, but that will not be heard until 2010, is subject to the new Rules of Civil Procedure that came into effect as of Jan. 1, 2010, Ontario’s Superior Court of Justice has

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New Brunswick mulls a ban on hand-held cell phones while driving

January 5, 2010 by Canadian Underwriter

New Brunswick, one of only two provinces (in addition to Alberta) to allow the use of handheld devices while driving, is considering a ban on such use, cbc.ca reports.New Brunswick Public Safety Minister John Foran told cbc.ca that while the

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Top 5 Frauds for 2009: MPI

January 4, 2010 by Canadian Underwriter

Manitoba Public Insurance (MPI)’s special investigations unit (SIU) has recovered nearly $30 million over the last three years in undeserved benefits and denied fraudulent claims. Roughly 3,000 suspicious claims were reviewed in 2009. Five of those made MPI’s 2009 list

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Supreme Court creates new defence for defamation: will it change a company’s exposure to reputational risk?

December 23, 2009 by Canadian Underwriter

Corporate risk managers may wish to review their reputational risk in light of a new defence that protects publishers from defamation so long as their communications are found to be responsible and relate to matters of public interest.“Freewheeling debate on

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IMAX decision in Ontario lowers threshold for proceeding with a civil action for secondary market liability

December 21, 2009 by Canadian Underwriter

Ontario’s Superior Court in IMAX has established a “relatively low” threshold to be met by plaintiffs seeking leave to proceed with a civil action for secondary market liability, according to Ogilvy Renault.The decision provides the first judicial interpretation of leave

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Proposed U.S. bipartisan bill would prohibit banks from engaging in insurance activities

December 18, 2009 by Canadian Underwriter

U.S. Senators Maria Cantwell (D-WA) and John McCain (R-AZ) have introduced a bipartisan bill that would prohibit U.S. commercial banks from engaging in all insurance activities, as well as prevent them from affiliating with investment banks. Essentially, the proposed bill

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IBC to work with Alberta on improving auto product, now that minor injury cap is upheld

December 17, 2009 by Canadian Underwriter

The Insurance Bureau of Canada says the Supreme Court of Canada’s refusal to hear an appeal against the province’s Cdn$4,000 minor auto injury cap is “good news for Alberta motorists,” and will open the door for a future review of

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Supreme Court’s refusal to hear appeal efectively upholds Alberta’s Cdn$4,000 cap on minor auto injuries

December 17, 2009 by Canadian Underwriter

The Supreme Court of Canada has upheld Alberta’s Cdn$4,000 cap on minor auto injuries.By refusing to hear any further appeal of the Alberta Court of Appeal’s decision, which  found the province’s cap on minor auto injuries was constitutional, Canada’s top

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Insurers must be clear about denying benefits: Ontario court

December 16, 2009 by Canadian Underwriter

An insurer must be absolutely “clear and unequivocal” in its denial of benefits, and the word “refusal” in documents to the policyholder would probably help, a recent Ontario court decision suggests.In Sukhdev Gill v. Economical Insurance Company, the Ontario Superior