Topic
Legal
Ontario Court of Appeal recognizes invasion of privacy as a common law tort
January 20, 2012 by Canadian UnderwriterThe Ontario Court of Appeal has recognized the invasion of a person’s privacy as a common law tort, and not just an infraction under the Personal Information Protection and Electronic Documents Act (PIPEDA) In Jones v. Tsige, the appellant, Sandra…
Law intended to help enforce graduated licencing programs falls flat: IIHS
January 19, 2012 by Canadian UnderwriterA New Jersey law intended to help police officers enforce graduated licence requirements has failed to lead to better compliance with the restrictions, an Insurance Institute for Highway Safety (IIHS) study has found. Since May 1, 2010, New Jersey has…
Insurance companies turning down increasing number of requests for assessment and treatment of auto injuries: health care providers
January 19, 2012 by Canadian UnderwriterInsurance companies in Ontario are now turning down an increasing percentage of requests for the assessment and treatment of serious (non-minor) injuries sustained by motor vehicle accident victims, according to a survey of Ontario rehabilitation providers.The Alliance of Community Medical…
Auto body mechanic with no written records of employment deemed to be “employed”: Ontario arbitrator
January 18, 2012 by Canadian UnderwriterAn 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…
Majority of claims made against brokers relates to new business
January 17, 2012 by Canadian UnderwriterMore than half of claims made against insurance brokers between 2007 and 2010 related to new business, prompting a warning shot across the bow to the industry to focus on the fundamentals even as pressure is high to write new…
B.C. court fines man $1,750 for identity theft
January 16, 2012 by Canadian UnderwriterThe B.C. Provincial Court has fined a man $1,750 to send a message to the public about the seriousness of identity theft.In R. v. Mahovlich, the court found the accused, Mark Clayton Mahovlich, applied to obtain a British Columbia identity…
Court finds direct writer didn’t explain optional benefits properly, but dismisses action against Meloche Monnex
January 13, 2012 by Canadian UnderwriterThe Ontario Superior Court has found that a direct writer breached its duty of care in offering optional benefits to a consumer. Nevertheless, the court dismissed the claim against Meloche Monnex because it found the claimant would not have purchased…
New Brunswick court finds plaintiff entitled to Section B benefits because of his inability to concentrate, process information quickly
January 13, 2012 by Canadian UnderwriterA 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…
FSCO cautions consumers of Freedom Insurance Company
January 12, 2012 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) is warning consumers that Freedom Insurance Company is not licensed to do insurance business in Ontario.“If consumers purchase insurance from insurers that are not licensed in the province, they are not protected under…
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 10, 2012 by Canadian UnderwriterThe 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 insurance…
Harmonized policy on the use of credit information in underwriting will not happen: CCIR
January 9, 2012 by Canadian UnderwriterThe Canadian Council of Insurance Regulators (CCIR) is currently reviewing the results of a consultation it conducted last year on credit scoring, but it doesn’t appear likely that a harmonized approach to credit scoring will be the outcome.“Frankly, there will…
FSCO releases Cost of Goods guideline in response to Anti-fraud Task Force
January 6, 2012 by Canadian UnderwriterOntario’s insurance regulator, the Financial Services Commission of Ontario (FSCO), has released a Cost of Goods Guideline in response to a recommendation by the Auto Insurance Anti-fraud Task Force.The Anti-fraud Task force released an interim report in early December, reflecting…