Canadian Underwriter

Topic
Legal


News InsuranceLegalMergers and Aqcuisitions

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-

News InsuranceLegalMergers and Aqcuisitions

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

News InsuranceLegalMergers and Aqcuisitions

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

News InsuranceLegal

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

News InsuranceLegalMergers and Aqcuisitions

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

News InsuranceLegal

Courts hold lower threshold for price-fixing class action certification

November 16, 2009 by Canadian Underwriter

Two recent decisions in Ontario and British Columbia certifying class actions alleging price fixing indicate that the courts in Canada may be adopting a new approach to these types of claims, potentially opening the door to more litigation in this

News InsuranceLegalMergers and Aqcuisitions

Subrogation in fire cases

November 13, 2009 by Canadian Underwriter

The evidence of what causes a fire is generally consumed in the fire, Richard Lindsay, founding partner of Lindsay Kenney LLP in British Columbia, said. This makes subrogation a little different in a fire-related case, he told delegates attending the

News InsuranceLegalMergers and Aqcuisitions

Privacy Commissioner’s authority questioned by insurer, private investigators

November 11, 2009 by Canadian Underwriter

Insurers and private investigators are challenging the authority of the Office of the Privacy Commissioner (OPC) to intervene in claims investigations.The insurance industry yielded 17% of the complaints lodged in 2008 under the Personal Information Protection and Electronic Documents Act

News InsuranceLegal

B.C. Insurance Council concerned about confidentiality breaches

November 10, 2009 by Canadian Underwriter

The Insurance Council of British Columbia, which licenses and regulates the province’s insurance agents, salespersons and adjusters, says it is concerned about the number of breaches in confidentiality it has encountered over the last 12 to 18 months.“Licensees handle and

News InsuranceLegalMergers and Aqcuisitions

Hope fading for exemption to federal privacy legislation related to insurance investigations

October 30, 2009 by Canadian Underwriter

For insurance defence counsel, hope is receding that federal privacy legislation related to insurance investigations and surveillance will be aligned in the future with the comparatively more straightforward provincial privacy legislation found in B.C. and Alberta.John Beardwood, partner in Fasken

News InsuranceLegalMergers and Aqcuisitions

ICBC to appeal Cdn$12.5-million jury award

October 30, 2009 by Canadian Underwriter

The Insurance Corporation of British Columbia (ICBC) is appealing a B.C. Supreme Court decision to award a woman Cdn$12.5 million in damages, an ICBC representative has told Canadian Underwriter.After a five-day trial, a jury awarded the insured Cdn$6.5 million in

News InsuranceLegalMergers and Aqcuisitions

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