Topic
Legal
Summary judgement motion not considered a “mini-trial”: Ontario Superior Court
June 21, 2010 by Canadian UnderwriterA motion for summary judgement to dismiss a liability case does not constitute a “mini-trial” and split a case so that it becomes a trial within a trial, the Ontario Superior Court ruled under the new Rules for Civil Procedure.In…
Banks shifting terrain, now promoting insurance on mobile devices: IBAC
June 18, 2010 by Canadian UnderwriterHaving secured Finance Minister Jim Flaherty’s commitment to prevent banks from selling unauthorized insurance on their Web sites, the Insurance Brokers Association of Canada (IBAC) is concerned that banks have already responded by trying to promote insurance on consumer’s cell…
A finding of fraud not needed to determine claimant was not involved in an accident: FSCO
June 18, 2010 by Canadian UnderwriterA claimant does not have to be found to have engaged in fraud in order for a Financial Services Commission (FSCO) arbitrator to determine that the claimant lied about being in an automobile accident.In Azimi v Economical Mutual Insurance Company,…
Auto injuries pending surgery still count against catastrophic impairment rating: FSCO
June 16, 2010 by Canadian UnderwriterAuto injuries pending surgery – and which are therefore not “stable” – still count for the purpose of determining catastrophic impairments, according to a Financial Services Commission of Ontario (FSCO) arbitrator.In Sonia Bains and RBC General Insurance Company, Bains sought…
Ontario lawyers face largest number of E&O claims since a decade ago: LawPro
June 11, 2010 by Canadian UnderwriterOntario lawyers in 2009 faced the largest number of errors and omissions (E&O) claims since 1995, according to the Lawyers’ Professional Indemnity Company (LawPro).The province’s lawyers had their base premiums hiked by $500 in 2010 – up to $2,950 per…
9-11 emergency workers to receive enhanced insurance settlement
June 11, 2010 by Canadian UnderwriterThe WTC Captive Insurance Company and lawyers for about 10,000 rescue and recovery workers who suffered injuries or died while working at ‘Ground Zero’ when the World Trade Centre towers collapsed in New York on Sept. 11, 2001 have agreed…
U.S. energy insurance market could not afford proposed $10-billion liability limit, insurers tell Congress
June 10, 2010 by Canadian UnderwriterEnergy insurers and reinsurers would not be able to provide the capacity required under the proposed $10-billion legal liability limits in the United States, the U.S. Insurance Information Institute (III) testified before Congress.Currently the legal liability under the Oil Pollution…
All-risk property exclusion does not apply to all forms of settling: Alberta court
June 8, 2010 by Canadian UnderwriterIt is illogical to think the insurer of an all-risk property insurance policy would intend to exclude damage to a building resulting from any kind of “settling,” regardless of how that settling was caused, according to the Alberta Court of…
Cedents advised to get reinsurers’ blessing when settling class action claims
June 8, 2010 by Canadian UnderwriterPrimary insurers should make sure they get the blessing of their reinsurers when attempting to resolve class action claims, according to Mark Lichty, partner at Blaney McMurtry LLP. Lichty was speaking at the Canadian Defence Lawyers Annual Meeting & Conference,…
Ontario Court of Appeal “tweaks” the forum conveniens law: lawyer
June 7, 2010 by Canadian UnderwriterThe “real and substantial” test in forum non conveniens law has been modified by the Ontario Court of Appeal in Van Breda v. Village Resorts Ltd., according to David A. Bertschi, a partner at Bertschi Orth Smith LLP. “That, from…
Ontario Court of Appeal cautions against using evidence outside statement of claim to determine a duty to defend
June 4, 2010 by Canadian UnderwriterThe Ontario Court of Appeal has cautioned against using ‘extrinsic’ evidence – evidence other than the allegations contained in a statement of claim – to determine an insurer’s duty to defend assault allegations under a homeowner’s policy.In Meadows v. Meloche…
Up to 15% chance of a major earthquake hitting B.C. area over next 50 years
June 2, 2010 by Canadian UnderwriterThere is a 10-15% of a mega-earthquake hitting the northern segment of the Cascadia Subduction Zone at some point during the next 50 years, according to research from Oregon State University.The northern segment of the Cascadia Subduction Zone covers an…