Topic
Legal
“Pollution exclusion” applies to home-heating fuel oil tank leak: B.C. Supreme Court
November 16, 2010 by Canadian UnderwriterThe B.C. Supreme Court has upheld a “pollution exclusion” in a residential property damage case, in which an above-ground storage tank for home-heating fuel oil leaked and damaged the insured’s vacation home.In Corbould v. BCAA Insurance Corporation, the insured’s property…
B.C. Court reaffirms validity of amending fundamental contract terms by way of endorsement
November 16, 2010 by Canadian UnderwriterA British Columbia Supreme Court decision in January 2010 has reaffirmed the validity of amending the fundamental terms of a marine insurance contract by an endorsement, according to an article published by Borden Ladner Gervais LLP.In the article, Beware of…
Lloyd’s report explores links between electro-magnetic field (EMF) exposure and asbestos exposure
November 15, 2010 by Canadian UnderwriterA “large bulk” of scientific evidence shows exposure to electro-magnetic fields (EMF) from mobile phones does not cause cancer, although not enough long-term data is available to rule out the risk conclusively, Lloyd’s of London says in a November 2010…
Ontario class action defendants able to “get out early”
November 15, 2010 by Canadian Underwriter*** CORRECTION***This item corrects an item posted on Nov. 12, 2010. In the original item, an error was made in the first paragraph, and should have said that plaintiffs must show a cause of action against the defendants named in…
Ontario’s loss transfer rules can apply to accidents, insurers outside Canada: Appeal Court
November 11, 2010 by Canadian UnderwriterOntario’s loss transfer rules can apply to an insurer with operations in the United States in relation to a loss that occurred in the United States, Ontario’s Court of Appeal has ruled in a brief endorsement.In Primmum Insurance Company and…
Attendant phone care not the same as custodial care
November 11, 2010 by Canadian UnderwriterAttendant care provided over the phone is becoming increasingly common, but this is not the same level of care as custodial care, cautions Phillipa Samworth, partner at Dutton Brock. “This is what I call ‘phone sex’ attendant care,” she said,…
B.C. Appeal Court upholds arbitrator’s definition of ‘roadworthy’
November 10, 2010 by Canadian UnderwriterA British Columbia arbitrator’s definition of “roadworthy” has withstood a challenge at the B.C. Court of Appeal, in a case in which the province’s auto insurer revoked its accredited status of a collision repair shop.The Insurance Corporation of B.C. (ICBC)…
Define the “less hurt” rather than the catastrophically impaired: Cooke
November 9, 2010 by Canadian UnderwriterRegulators should abandon trying to define catastrophic impairment and focus instead on defining those who are “less hurt,” said George Cooke, president and CEO of The Dominion of Canada General Insurance Company.Cooke spoke at an Insurance Brokers of the Toronto…
Negligence finding in liability trial does not preclude criminal finding in insurance coverage trial
November 8, 2010 by Canadian UnderwriterFinding an insured’s act to be “negligent” (but not intentional) in a liability trial does not preclude a finding that the insured’s act might also be “criminal” during a subsequent trial on insurance coverage, the Alberta Court of Appeal has…
Ontario MPP introduces bill to ban use of credit scoring in personal property
November 4, 2010 by Canadian UnderwriterInsurance Brokers Association of Ontario (IBAO) is applauding a private members bill that calls for an outright ban on the use of credit scoring in personal lines insurance in Ontario. Liberal MPP Mike Colle introduced private member’s Bill 130: The…
IBAO urges government to ban credit score use in personal lines
November 2, 2010 by Canadian UnderwriterInsurance Brokers Association of Ontario (IBAO) is urging the Ontario government to ban the use of credit scoring to price home and personal property.IBAO president Bryan Yetman spoke at Queen’s Park as part of the association’s Awareness Day. In his…
AMF orders Trisura to cease issuing replacement guarantee insurance product
November 2, 2010 by Canadian UnderwriterThe Autorité des marches financiers (AMF) has ordered Trisura Guarantee Insurance Company to cease distributing its replacement insurance product.GWPco Inc. and motor vehicle dealers were distributing the product, an AMF release says. GWPco is not authorized to market the replacement…