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B.C. Insurance Council proposes new unauthorized insurer rule

February 5, 2010 by Canadian Underwriter

The Insurance Council of British Columbia is proposing a new ‘Unauthorized Insurer Rule’ that requires licensed insurers or agents to inform the council in writing if they are conducting insurance transactions under an existing exemption for doing business with unauthorized

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Ontario arbitration case may have widened definition of ‘catastrophic impairment’

February 4, 2010 by Canadian Underwriter

Ontario’s definition of a “catastrophic impairment” may have widened as a result of a recent decision by the Financial Services Commission of Ontario, lawyers are saying about the case of Aviva and Pastore.In Aviva and Pastore, a FSCO director delegate

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Uncertain legal status for a new method of calculating income loss after breadwinner’s death: lawyer

February 4, 2010 by Canadian Underwriter

A newer method of calculating loss of income in the event of a breadwinner’s death could save defense costs, said Jamie Dunn, partner at Blouin Dunn LLP.The method is used in situations in which both spouses or partners are breadwinners

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Changes to Rules of Civil Procedure create new opportunity for AB litigation

February 3, 2010 by Canadian Underwriter

More accident benefits (AB) claimants will likely find themselves in small claims court as a result of the Jan. 1, 2010 changes to Rules of Civil Procedure, said Kadey Shultz, an associate at Hughes Amys, LLP.Shultz spoke on recent decisions

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Claims industry at odds with Privacy Commissioner over masking of third parties in surveillance video

February 2, 2010 by Canadian Underwriter

A recent guideline issued by the Office of the Privacy Commissioner of Canada states that third parties must be blurred out in surveillance footage. The OPC published guidelines on covert surveillance in the private sector in May of 2008. By

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CSA reports decrease in enforcement activities for 2009

February 2, 2010 by Canadian Underwriter

Canadian Securities Administrators (CSA) commenced 124 securities proceedings in 2009, marking a decrease from the 171 proceedings commenced in 2008, according to the CSA’s 2009 Enforcement Report.The 124 matters were commenced against a total of 154 individuals and 112 companies.The

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No requirement for policyholder to sue insured, potentially liable third parties before resorting to uninsured coverage

January 29, 2010 by Canadian Underwriter

An insurance company has been found liable to pay a policyholder injured in an auto collision under the uninsured provisions of the policy, even though the policyholder failed to sue potentially negligent and/or liable insured third parties. The Supreme Court

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Ban on hand-held devices while driving fails to reduce risk of crash: HLDI

January 29, 2010 by Canadian Underwriter

Bans on hand-held devices while driving fail to reduce crashes, a new Highway Loss Data Institute (HLDI) study found.The HLDI is an affiliate of the Insurance Institute for Highway Safety (IIHS). It calculated monthly collision claims per 100 insured vehicle

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Cell phone ban while driving exposes employers to vicarious liability

January 26, 2010 by Canadian Underwriter

Employers might be held vicariously liable if they permit employees to use hand-held devices while driving, warns Zurich North America.This could include operating a company-owned cell phone or mobile device while driving.As the banning of such devices grows more common

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Ontario court considers whether a judge or jury should hear cases involving multi-accident scenarios

January 22, 2010 by Canadian Underwriter

Is a jury capable of assessing damages in cases involving multi-accident scenarios, overlapping injuries and complicated medical evidence? The Ontario Superior Court was asked to consider the question in Hossny v. Belair Insurance, a complicated case in which an insured

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Extended warranty is not “insurance:” Alberta court

January 21, 2010 by Canadian Underwriter

An extended warranty is not an insurance contract, the Court of Queen’s Bench of Alberta has decided.“In my view, the distinction between a warranty and insurance is that a warranty covers the risk that the covered product will fail due

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Gen Re pays $12.2 million to settle SEC charges related to 2000-02 finite reinsurance deals

January 20, 2010 by Canadian Underwriter

General Re Corporation has agreed to pay $12.2 million to settle charges by the Securities Exchange Commission (SEC) related to separate schemes by American International Group (AIG) and Prudential Financial, Inc. to manipulate and falsify reported financial results in 2000-02.According