Topic
Legal
Auto insurance fraud ring in Manitoba draws organized crime charges
August 16, 2010 by Canadian UnderwriterWinnipeg police have laid criminal organization charges as part of its ongoing investigation into an auto insurance fraud ring.According to the Winnipeg Sun, this is the first time an auto insurance fraud investigation is believed to have resulted in organized…
B.C. Supreme Court awards lawyer about $6 million for future loss of income after nightclub fall
August 11, 2010 by Canadian UnderwriterThe B.C. Supreme Court has awarded almost $6 million to a woman who suffered a mild brain injury during a fall on the dance floor of a nightclub.Michelle Danicek is a lawyer who was involved in two separate incidents –…
AMF investigates ex-insurance broker’s role in $1.4-million Ponzi scheme
August 6, 2010 by Canadian UnderwriterQuebec’s securities regulator, the Autorité des marchés financiers (AMF), has blocked the accounts and companies of a former insurance broker as part of its investigation into an alleged $1.4-million Ponzi scheme.Acting on the authority of an administrative tribunal, the Bureau…
Ontario regulator says new Minor Injury Guideline must apply to at least 55% of minor injuries for auto insurers to turn a profit
July 29, 2010 by Canadian UnderwriterOntario’s insurance regulator has told industry defence counsel that 55% to 65% of all non-catastrophic, minor injury claims would need to fall within the province’s new Minor Injury Guideline (MIG) in order for auto insurers to turn a profit.Due to…
Ontario’s new rule allowing joint expert reports could lead to more settlements: insurance defence counsel
July 29, 2010 by Canadian UnderwriterOntario’s amended Rules of Civil Procedure have given trial judges the power to order experts for both sides to prepare a joint report, which may lead to more claims settlements and fewer trials. Bill Chalmers of Hughes Amys made the…
OPP to crack down after 6% increase in traffic fatalities
July 28, 2010 by Canadian UnderwriterCiting a 6% increase in driving fatalities thus far in 2010, Ontario Provincial Police are vowing to crack down on “irresponsible drivers” who demonstrate aggressive driving, drive impaired and don’t wear seat belts.“Our Provincial Traffic Safety Program (PTSP) and other…
Woman “struck by” pole protruding from parked vehicle is entitled to coverage: Ontario Appeal Court
July 26, 2010 by Canadian UnderwriterA woman who suffered a serious head injury after hitting her head on a pole protruding from an unidentified, parked truck is covered by her own insurer’s policy, even though the truck was not moving at the time, the Ontario…
Surveillance for evidence collection does not fall under privacy law: Federal Court
July 26, 2010 by Canadian UnderwriterUsing surveillance to help mount a defence in a civil legal action is not a “commercial activity” under Canada’s privacy law and is therefore not bound by the Personal Information Protection and Electronic Documents Act (PIPEDA), the Federal Court of…
Manitoba calls for fraud endorsement in brokers’ E&O insurance
July 23, 2010 by Canadian UnderwriterManitoba licensed insurance agents are now required to have an endorsement that covers fraud and dishonest acts as part of their mandatory errors and omissions insurance.The amendment to the Insurance Agents & Adjusters Regulation was implemented on May 31, 2010,…
U.S. securities litigation filings surges in 2010 Q2: Advisen
July 20, 2010 by Canadian UnderwriterThe U.S. government investigation of Goldman Sachs and the Deepwater Horizon oil spill may have sparked a surge in securities litigation in 2010 Q2, Advisen reports.In its quarterly report, Advisen noted the number of securities lawsuits filed in 2010 Q2…
Ontario Bar Association elects insurance law specialists to board of directors
July 19, 2010 by Canadian UnderwriterThe Ontario Bar Association (OBA) has elected insurance law specialists as its new president and second vice-president, effective August 15.Lee Akazaki, the OBA’s incoming president, is a lawyer at Gilbertson, Davis, Emerson in Toronto. He specializes in personal injury, property…
Number of Ontario auto claims settlements without a mediator triples: FSCO arbitrator
July 9, 2010 by Canadian UnderwriterAn arbitrator at the Financial Services Commission of Ontario (FSCO) says resolving auto accident benefits claims disputes “on a timely basis” has become “an increasingly critical issue” in the province’s alternative dispute resolution (ADR) system.In his decision in Dominion of…