Topic
Legal
Canada’s Bank Act review is officially underway
September 22, 2010 by Canadian UnderwriterFinance Minister Jim Flaherty on Sept. 20 officially sounded the starting gun to the Bank Act review.The federal government is mandated to review statutes that govern federally regulated financial institutions every five years. The last legislative review was completed in…
Torn ligaments, rotator cuffs are ‘serious’ injuries under tort, even if ‘minor’ under reforms: trial lawyer
September 22, 2010 by Canadian UnderwriterOntario’s auto insurance reforms are barely a month old and already trial lawyers have tipped their hand that they might try to achieve through tort what they will no longer receive from the province’s no-fault benefit scheme.Ontario’s new, interim Minor…
Current round of Ontario auto reforms not enough to bust out of the reform cycle: defence lawyer
September 21, 2010 by Canadian UnderwriterOntario is entering into yet another optimistic phase of its seemingly perpetual auto insurance reform cycle, but many within the insurance industry appear to want to break out of this cycle and build an altogether new model for auto insurance…
Reminding policyholders of their own morality may reduce temptation to commit insurance fraud: behavioural economist
September 20, 2010 by Canadian UnderwriterResearch on cheating relevant to insurance fraud indicates a lot of people cheating a little bit is much more costly to society than a few people who cheat a lot.But if insurers are willing to change their approach and remind…
Saskatchewan brokers, agents, adjusters to provide proof of new minimum E&O limits in November 2010
September 13, 2010 by Canadian UnderwriterSaskatchewan insurance agents, brokers and adjusters will be required as of Nov. 1, 2010 to provide their provincial regulator with a copy of new minimum errors and omissions (E&O) limits when filing their annual reporting forms.Effective August 2010, the Insurance…
Gilbertson Davis Emerson LLP bolsters insurance defence team
September 3, 2010 by Canadian UnderwriterGilbertson Davis Emerson LLP has recruited accident benefits and insurance defence counsel Joan Takahashi to its team of insurance lawyers.Takahashi previously practiced with a large firm in Toronto and nearly 20 years of insurance defence experience. She also spent more…
Vast majority of Ontario drivers lack knowledge of reforms: RSA Canada
August 30, 2010 by Canadian UnderwriterNearly 70% of Ontario drivers do not understand the impending auto insurance reforms or how the reforms will affect their auto insurance coverage, according to a survey commissioned by RSA Canada.Leger Marketing was commissioned to conduct the RSA Canada Automobile…
“Formal application” for accident benefits not necessary: Ontario Court of Appeal
August 27, 2010 by Canadian UnderwriterIf a claimant has not submitted an OCF-1 form (Application for Accident Benefits) to an insurer, it does not automatically disqualify them from being considered to have provided a completed application for accident benefits, Ontario’s Court of Appeal ruled. Four…
NB’s minor injury cap should be adjusted for inflation: Progressive Conservatives
August 26, 2010 by Canadian UnderwriterShould New Brunswick elect a Progressive Conservative government in the coming provincial election, the Insurance Bureau of Canada (IBC) will work with the newly elected government should it fulfill its election promise to review the province’s minor injury cap. IBC…
MPI files suit against “chronic” teenage car thieves
August 24, 2010 by Canadian UnderwriterManitoba Public Insurance has filed a lawsuit against a pair of teenage “chronic” car thieves, dubbed ‘Bonnie and Clyde’ by some local justice officials and media.The suit is a $53,000 statement of claim against a 16-year-old girl and an 18-year-old…
Crown must draw clear link between licence suspension order and offence: Ontario Court of Appeal
August 19, 2010 by Canadian UnderwriterThe Ontario Court of Appeal has overturned a conviction of driving while disqualified because the Crown failed to link a licence suspension order with the offence that resulted in the suspension.In March 2005, David Suho Chuang was convicted of dangerous…
Should alcohol interlocks be mandatory when their implementation is problematic?
August 17, 2010 by Canadian UnderwriterThe trend of making mandatory the use of alcohol interlocks for first-offender intoxicated drivers is emerging in Canadian and U.S. jurisdictions, but the trend is challenged by often-ineffective implementation, according to the Traffic and Injury Research Foundation.In its report The…