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Insurer’s suspicion of potential litigation not enough to allow plaintiff to pierce insurer’s solicitor-client privilege: Ontario court

October 27, 2009 by Canadian Underwriter

An insurer’s suspicion about the potential for litigation is not enough of a reason to grant plaintiffs access to insurer documents subject to solicitor-client privilege, the Ontario Superior Court has ruled.In Kavanagh v. Peel Mutual Insurance Company, the court upheld

News InsuranceLegalMergers and Aqcuisitions

Court upholds denial of claim for abandoned possessions

October 27, 2009 by Canadian Underwriter

The Ontario Superior Court has upheld the insurer’s denial of a claim for allegedly stolen possessions that were moved into storage after a plaintiff abandoned his home.In Harris v. Home Trust Company, Steven Harris entered into a policy with Meloche

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Only a matter of time before Nova Scotia cap is scrapped, premier suggests to brokers

October 22, 2009 by Canadian Underwriter

Nova Scotia’s Cdn$2,500 cap on claims payments for minor auto injuries will be scrapped, it’s just a matter of when, the province’s new premier has suggested to the Independent Broker Association of Nova Scotia (IBANS).Nova Scotia Premier Darrell Dexter, a

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Members not supporting IBAO’s call for ban on credit scoring should “get in the game”: IBAO president

October 22, 2009 by Canadian Underwriter

Members of the Insurance Brokers Association of Ontario (IBAO) who do not support the association’s call for an “outright ban” on credit scoring need to “get in the game,” IBAO president Peter Blodgett said in a speech made at the

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What’s New: In Brief (October 19, 2009)

October 19, 2009 by Canadian Underwriter

Craig Brown, a professor at the University of Western Ontario’s Faculty of Law, has joined Toronto’s Thomas Gold Pettingill LLP as counsel in the areas of insurance policy interpretation and tort law.Brown has written four books on insurance law. He

News Climate ChangeInsuranceLegal

Climate change exclusions likely to be written into commercial general and excess liability policies

October 16, 2009 by Canadian Underwriter

Risks related to climate change are so expansive as to be uninsurable, and therefore it is likely climate change exclusions will be written into general commercial and excess liability insurance policies in the near future, predicts Rodney Taylor, managing director

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Claims adjusters can leverage insurers’ ability to pay to take control of environmental clean-ups

October 16, 2009 by Canadian Underwriter

Insurance claims adjusters can leverage their expert knowledge, as well as their insurance companies’ ability to pay for large-scale clean-up operations, to exert control over complicated environmental damage claims that typically span multiple jurisdictions.Panelists John Cherrie of Cherrie Griffith Professional

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B.C. privacy commissioner finds three more instances of jury checking by ICBC

October 15, 2009 by Canadian Underwriter

An audit by B.C.’s Office of the Information and Privacy Commissioner identified six occasions on which driving and claims information of jurors was accessed and in some of those cases, was disclosed to outside defence counsel representing ICBC.In May 2009,

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Credit crisis no longer chief source of securities litigation: Advisen Ltd.

October 15, 2009 by Canadian Underwriter

The credit crisis is no longer the chief source of securities litigation in the United States, a recent report from Advisen says.“The third quarter [of 2009] saw a robust 169 new securities lawsuits filed, but the credit crisis is no

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Ontario-Quebec trade agreement calls for harmonizing approaches to insurance regulation

October 14, 2009 by Canadian Underwriter

An inter-provincial trade agreement, the Ontario-Quebec Trade and Cooperation Agreement, has come into force as of Oct. 1, and already some are calling for it to be more like the Trade, Investment and Labour Mobility Agreement (TILMA) between B.C. and

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Capture Facebook evidence early, defence counsel cautioned

October 8, 2009 by Canadian Underwriter

Insurance defence counsel should tread carefully when it comes to preserving evidence obtained on social networking sites such as Facebook.Speaking at the Canadian Defence Lawyers’ 2nd annual Accident Benefits Experts Seminar in Toronto, panelist Jennifer Malchuk of Hughes Amys LLP

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Insurers under-using their legal right to obtain infomation from accident benefits claimants

October 8, 2009 by Canadian Underwriter

Insurers are under-using s. 33 of the Statutory Accident Benefit Schedule (SABS) to obtain information from an applicant applying for accident benefits. Joy Stothers of Dutton Brock LLP made the observation at the Canadian Defence Lawyers 2nd Annual Accident Benefits