Canadian Underwriter

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Legal


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AEGIS reception

November 1, 2011 by Canadian Underwriter

AEGIS policyholders, brokers and underwriters attended a reception the insurer hosted during the RIMS Canada Conference at Restaurant Eighteen in the ByWard Market on Sept. 19.

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Insured has right to control a subrogation claim until fully indemnified, Ontario courts confirm

October 31, 2011 by Canadian Underwriter

An insured has a right to control a subrogation claim until such time as it has been fully indemnified, notwithstanding language in a subrogation clause that gives an insurance company the right to be “subrogated to the rights of the

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OSFI advises against early adoption of some new or amended IFRS standards

October 31, 2011 by Canadian Underwriter

Canada’s financial solvency regulator has advised against early adoption of some new or amended International Financial Reporting Standards (IFRS) issued in May and June 2011, including the IFRS 13 Fair Value Measurement.The Office of the Superintendent of Financial Institutions (OSFI)

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Forthcoming changes to federal Privacy Act allow insurers to share information without a person’s consent for the purpose of suppressing fraud

October 28, 2011 by Canadian Underwriter

Intended to help insurers suppress fraud, Bill C-29 amends Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) to allow disclosure of personal information without a person’s consent under certain circumstances.PIPEDA generally prohibits companies from releasing a person’s private information

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Access to private Facebook pages a question of logistics, not privacy

October 28, 2011 by Canadian Underwriter

Defence counsel’s use of private Facebook pages in litigation is not an issue of breaching the plaintiff’s privacy so much as it’s an issue of logistics and the timing associated with accessing information on private pages, Kadey B.J. Schultz, a

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Regulatory tweaks required to prevent ‘papering’ of Ontario auto insurers with treatment plan submissions

October 27, 2011 by Canadian Underwriter

The Statutory Accident Benefits Schedule (SABS) in Ontario is in need of further refinement to prevent insurers from getting “papered over” with an overwhelming number of treatment plans and assessments — a major component of auto insurance fraud.“There are still

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Liability lurks in positive employee references on social media: Advisen

October 27, 2011 by Canadian Underwriter

An employer offering an employee a positive recommendation through social media is exposing the employer to potential liability, Advisen warns.In its OneBeacon-sponsored report, Social Media: Employers’ Liability for the Activities of their Employees, Advisen said the potential for a company

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Strata (condo) owners could be subject to proposed new tribunal for resolving strata property disputes

October 26, 2011 by Canadian Underwriter

Strata (condominium) owner-developers could be subject to the jurisdiction of a proposed new tribunal model for dispute resolution in strata properties, according to the B.C.’s Office of Housing and Construction Standards.The province has posted a discussion paper online that outlines

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High rate of claimants in the MIG explained by backlog of arbitrations: plaintiffs’ lawyer

October 25, 2011 by Canadian Underwriter

Currently, 75% to 80% of auto accident claimants in Ontario are ending up within the Minor Injury Guideline (MIG), but this should be of false comfort to insurers, said Adam Wagman, a lawyer with Howie Sacks & Henry LLP.Wagman represented

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Optional tort option appears likely in Nova Scotia

October 24, 2011 by Canadian Underwriter

An optional tort product appears likely to be offered in Nova Scotia in the future, according to Ken Meyers, former chair of the Insurance Brokers Association of Nova Scotia (IBANS).“It appears clear now that there will be an optional tort

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Ontario arbitration confirms the need for early clarification of work-related auto accidents

October 24, 2011 by Canadian Underwriter

Adjusters may want to ask a few detailed questions to determine whether a motor vehicle accident occurred over the course of a claimant’s employment, based on a recent arbitration in Ontario.In Andrew Hayward and Royal & SunAlliance Insurance Company of

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CEOs call for improved legislation, ADR and enforcement to fight auto insurance fraud

October 21, 2011 by Canadian Underwriter

Stronger legislation, improvements in Alternative Dispute Resolution (ADR) and better enforcement is required to tackle auto insurance fraud, according to members of a CEO panel at the 91st Annual Conference of the Insurance Brokers Association of Ontario (IBAO) in Toronto