Topic
Legal
Saskatchewan, Manitoba look into ceasing no fault accident benefits for thieves injured while driving stolen vehicles
April 18, 2011 by Canadian UnderwriterThe Canadian Taxpayers Federation (CTF) is calling on Saskatchewan’s government to follow the stated intentions of the Manitoba government to stop paying no fault accident benefits to car thieves injured while driving stolen vehicles.In a press release on Apr. 15,…
FSCO’s expert panel says ‘no’ to combining physical and psychological in catastrophic impairment designations
April 15, 2011 by Canadian UnderwriterPhysical and psychological impairments should not be combined for the purpose of catastrophic determination, according to an expert panel appointed by the Financial Services Commission of Ontario (FSCO) to draft a new definition of catastrophic impairment.The FSCO panel released its…
Adjuster’s alleged comment about “no need to sue” for payment of a vehicle loss at issue in limitations case
April 12, 2011 by Canadian UnderwriterAn adjuster’s alleged comment leading an insured to believe there was “no need to sue” an insurer for payment of a vehicle loss may be a legitimate defence against an expired limitation period, and is thus a genuine issue for…
Ontario health practitioners racing to the SABS $3,500 finish line: adjuster
April 11, 2011 by Canadian UnderwriterMultiple submissions for medical and rehabilitation assessments and treatment under the Statutory Accident Benefits Schedule (SABS) are creating difficulty for adjusters in determining which submission gets priority in payment, said Laurie Walker, McLarens Canada’s director of Ontario auto accident benefits.The…
Brokers cannot rely solely on mandatory mailings related to Ontario auto reforms: lawyer
April 11, 2011 by Canadian UnderwriterBrokers relying solely on the mandatory mailings explaining the new optional benefits scheme in Ontario’s auto insurance regime may find themselves liable, cautioned Stephen R. Moore of Blaney McMurtry LLP.Moore spoke during the Canadian Defence Lawyers Accident Benefits Conference in…
Ontario insurance regulator to review compliance with auto reforms, suitability of product recommendations
April 11, 2011 by Canadian UnderwriterOntario’s insurance regulator, the Financial Services Commission of Ontario (FSCO), is planning to conduct a number of market conduct reviews in 2011 – one to assess compliance with the province’s auto insurance reforms, and another one concerning the suitability of…
Ontario court allows proposed vote of mutual policyholders to replace The Economical’s board to proceed at the company’s AGM
April 7, 2011 by Canadian UnderwriterThe Ontario Superior Court of Justice has ordered the Economical Mutual Insurance Company to proceed with a vote of its mutual policyholders on proposals to remove and replace the insurer’s board of directors at its upcoming annual general meeting. Toronto…
Expert panel seeks comment on its definition of catastrophic impairment
April 4, 2011 by Canadian UnderwriterThe Catastrophic Impairment Expert Panel is seeking comments on its final report on the definition of “catastrophic impairment” under Ontario’s Statutory Accident Benefits Schedule (SABS).The report will be posted on the Financial Services Commission of Ontario (FSCO)’s Web site for…
Gender Neutral
April 1, 2011 Sally Gomery, Partner, Ogilvy Renault; Noleen John, Legal Consultant, Insurance Team, Norton Rose LLThe Court of Justice of the European Union has found gender-based pricing is inconsistent with the basic principles of EU law, and has ordered unisex insurance as of Dec. 12, 2012. The same discriminatory insurance practices may have a more tenuous hold in Canadian law as well.
Web Branches
April 1, 2011 David GambrillAmendments to the federal Bank Act would prohibit banks from selling or promoting insurance on their bank Web sites. This is an extension of the same regulatory regime that applies to banks’ bricks-and-mortar branches. The new online prohibition is an election away from being enacted, representing a victory for consumer protection, brokers say.
Common law spouse of husband who dies of injuries sustained in home fire cannot receive full home insurance payout until estranged children of spouse are contacted: judge
March 31, 2011 byThe widow of a common-law husband, who died without a Will as a result of injuries from a fire that engulfed their insured home, cannot receive the balance of the home insurance payment until her husband’s estranged children can be…
Insured doesn’t know about policy cancellation if registered notification comes back as “unclaimed”: arbitrator
March 31, 2011 byAn insurance company cannot presume a policyholder knows his or her insurance has been cancelled when a registered letter informing the insured about the cancellation is stamped “unclaimed” by Canada Post, an Ontario arbitrator has found. Marcia Walker was injured…