Topic
Legal
ORIMS Christmas Luncheon
January 31, 2012 byThe Ontario Chapter of the Risk & Insurance Management Society (ORIMS) held its Christmas Luncheon on Dec. 15, 2011, at the Westin Harbour Castle in Toronto. More than 700 attended. In keeping with the spirit of giving, the ORIMS executive…
McCague Borlack LLP hosts Christmas in January
January 31, 2012 byOn Jan. 18, 2012 the partners and staff of McCague Borlack LLP hosted their 18th annual “Christmas in January” party. McCague Borlack LLP is the Ontario affiliate of the Canadian Litigation Counsel and the Harmonie Group. Members from both groups…
Auto body mechanic with no written records of employment deemed to be “employed”: Ontario arbitrator
January 31, 2012 byAn auto body mechanic who had a verbal agreement with his employer, no paycheque or any other written record of his employment — and who completed only two weeks of work before he was seriously injured in an auto accident…
New Brunswick court finds plaintiff entitled to Section B benefits because of his inability to concentrate, process information quickly
January 31, 2012 byA New Brunswick court has found that a man who suffered a closed head injury in a 2005 auto accident — which resulted in a lack of concentration, an inability to process information quickly and mental fatigue — is unable…
Estate of pilot who dies in plane crash is not entitled to insurance because the pilot’s medical certificate had expired before the crash
January 31, 2012 byThe estate of a pilot who died when he accidentally crashed his aircraft cannot collect insurance because the deceased pilot’s medical certificate had expired more than a year before the accident, the Alberta Appeal Court has ruled. The deceased pilot’s…
ICBC busts B.C. man for auto insurance fraud after he brags about it on Facebook
January 30, 2012 by Canadian UnderwriterA British Columbia man learned the hard way that if you’re going to commit insurance fraud, bragging about in on Facebook is not the wisest thing to do. Corbin Joseph was fined $2,000 and ordered to pay more than $18,000…
Ontario court finds property transfers by convicted auto insurance fraudster represent an effort to put assets out of reach
January 27, 2012 by Canadian UnderwriterThe Ontario Superior Court of Justice has upheld a summary judgment that set aside two property transfers by a convicted auto insurance fraudster over to his wife, ruling that the conveyances represented an attempt to put his assets out of…
FSCO seeks help from private dispute resolution companies to help clear backlogs
January 26, 2012 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) is seeking help from up to four private dispute resolution companies to help eliminate a backlog of files, estimated to be more than nine months as of May 2011. FSCO posted a Request…
Appeal Court upholds judge’s decision to strike jury in auto injury trial involving pre-existing medical condition
January 26, 2012 by Canadian UnderwriterThe Ontario Court of Appeal ruled a trial judge was justified in striking a jury at the outset of an auto accident injury trial involving a pre-existing medical condition (fibromyalgia).The trial judge ruled that the anticipated complexity of the medical…
Trial judge should have considered effect on costs of settlement offer that didn’t conform to Rules of Civil Procedure: Appeal Court
January 25, 2012 by Canadian UnderwriterAn Ontario trial judge erred by not considering the mitigating factor on costs of a reasonable settlement offer that did not conform to the Rules of Civil Procedure, the Ontario Court of Appeal ruled in a consolidated auto injury tort…
Fracking a lesser-known, but significant environmental insurance risk: WillisWire
January 24, 2012 by Canadian UnderwriterFracking, a hydraulic process used to extract gas from shale formations, is one of several, lesser-known energy risks facing the environmental insurance industry in 2012, according to bloggers writing for WillisWire.“There is much debate and concern surrounding fracking due to…
First insurer in priority dispute cannot claim an application for benefits is not “completed” if its search for missing information is not diligent: court
January 20, 2012 by Canadian UnderwriterThe Ontario Court of Appeal has found that in a priority dispute between insurers, the first insurer to receive a claim for accident benefits cannot claim it did not receive a “completed application” if it was not diligent in investigating…