Topic
Legal
B.C. broker fined $1,000 for accidentally disposing of client documents in condo recycling bin
January 7, 2011 by Canadian UnderwriterA B.C. broker has been fined $1,000 by the Insurance Council of B.C. for accidentally pitching his clients’ insurance records into the recycling bin of his residential condo unit instead of taking them back to his office to be shredded,…
Split board on pallet in Superstore results in $48,513 trip-and-fall award
January 7, 2011 by Canadian UnderwriterRisk managers for company superstores will want to make sure their companies check the repair of pallets that display store stock in the middle of their aisles, following a recent B.C. Supreme Court decision in Etson v. Loblaw Companies Ltd.A…
Alberta doubles threshold for reporting vehicle collisions
January 6, 2011 by Canadian UnderwriterAlberta has doubled the amount of property damage that must be sustained before requiring a motorist to report a vehicle collision to a peace office.Motorists must now report damages exceeding $2,000 instead of $1,000.The change came into effect on Jan.…
ICBC loses appeal in hit-and-run case
January 6, 2011 by Canadian UnderwriterThe Insurance Corporation of British Columbia (ICBC) has lost its bid to appeal a case in which a gas station owner was injured after a customer filled up her car with gas and attempted to drive away without paying.Parminder Kumar…
OSFI posts final guidance on reinsurance security agreements
January 6, 2011 by Canadian UnderwriterThe Office of the Superintendent of Financial Institutions (OSFI) has posted the final version of its Guidance for Reinsurance Security Agreements.OSFI expects all new agreements to comply with the guidance, beginning July 1, 2011.The guidance spells out criteria to be…
Duty to Report
January 1, 2011 David McEwan, Q.C., and Fritz Gaerdes, Alexander Holburn Beaudin & Lang LLPA broker owes a duty of care to let a client know about negotiations concerning policy endorsements/exclusions, but a plaintiff that benefits from the negotiations will not be able to recover damages in court in the event the broker did not keep the plaintiff in the loop, a B.C. court has found.
Differential Diagnosis
January 1, 2011 Teresa Riverso, President, Supportive Environments Inc.This two-part article discusses the real, potential and anecdotal effects of Ontario’s auto insurance reforms on access to health care for auto injury claimants. Part I of the article, reproduced below, analyzes the impact of the Minor Injury Guideline (MIG)…
Waivers at Work
January 1, 2011 Lorne Folick, Senior Partner, Dolden Wallace Folick LLP (with help from Trevor R. Thomas, associate)The enforceability of waivers depends on a variety of factors determined by the courts, including principles of contractual interpretation, the circumstances in which waivers are read (or not read) and the age of the people signing them.
Necessity Breeds Innovation
January 1, 2011 David Gambrill, EditorInsurers are working with their claims-handling partners to find new ways to reduce the $18 billion in claims costs Canadian property and casualty insurers paid out as of 2010 Q3. Innovation comes in various forms, including billing arrangements, more efficient business or best practices, reducing administrative costs and even changing the nature of the insurer-vendor partnerships themselves.
Catastrophic Stair Falls
January 1, 2011 Richard Nellis and Bailey Gutkin, Kleinfeldt Consultants LimitedCareful investigation of stair falls is an important first step to reducing the risk of injuries in the future.
ARC Group Canada Annual Seminar & Cocktail Reception
January 1, 2011 by Canadian UnderwriterThe ARC Group Canada held its Annual Seminar & Cocktail Reception on Oct. 28 at the St. Andrews Club & Conference Centre. Delegates heard from insurers and lawyers about professional liability issues. Guests attended a reception immediately following the seminars.
Hughes Amys Holiday Party
January 1, 2011 by Canadian UnderwriterFriends of Hughes Amys Barristers and Solicitors gathered at the Irish Embassy for the firm’s annual Holiday Party on Nov. 25. Chuck Jackson, lead singer of Downchild Blues Band, provided tunes to keep the party hopping.