Topic
Legal
Ontario court strikes down allegations that would significantly increase designated drivers’ responsibilities
June 1, 2010 by Canadian UnderwriterThe Ontario Superior Court has struck down sections of a statement of claim that would have significantly increased the responsibility of a designated driver to look after intoxicated passengers.The court dismissed allegations that would have effectively imposed on designated drivers…
Ontario Provincial Police warn public about auto insurance scam
May 28, 2010 by Canadian UnderwriterThe Canadian Anti-fraud Centre (formerly Phonebusters) and the Ontario Provincial Police are warning potential auto insurance consumers in Ontario of a fraud ring, in which fraudsters are advertising fraudulent insurance premiums in Ontario newspapers and on Web sites.The scam advertises…
Ontario requires auto insurers to send publications to consumers explaining auto reforms
May 28, 2010 by Canadian UnderwriterOntario’s insurance regulator is requiring the province’s auto insurers to mail out publications explaining the forthcoming auto insurance reforms to consumers.The content and wording of the documents, which are not to be altered when sent to consumers, is the product…
Canada proposing new legislation to ban non-authorized insurance from bank Web sites
May 27, 2010 by Canadian UnderwriterCanada is formally proposing new legislation that would prohibit banks from promoting “non-authorized insurance from all banking Web pages.”This includes banning the display of online links to Web pages that promote non-authorized insurance. The proposed regime would allow the “corporate…
Supreme Court dismisses final appeal against Nova Scotia’s injury cap
May 27, 2010 by Canadian UnderwriterThe Supreme Court of Canada has effectively upheld Nova Scotia’s $2,500 cap on minor auto injury claims.The Supreme Court on May 27 dismissed leave to appeal a December 2009 decision by the Nova Scotia Court of Appeal, which confirmed the…
City of Toronto could not have foreseen bizarre archery injury: Ontario judge
May 25, 2010 by Canadian UnderwriterThe Ontario Superior Court of Justice has found that the City of Toronto was not negligent in its operation of a public archery range, at which one friend catastrophically injured another in a bizarre plan to retrieve arrows.The two friends…
OPP lay charges in alleged staged collision
May 21, 2010 by Canadian UnderwriterOntario Provincial Police have laid fraud charges against 11 people for allegedly staging a collision on Highway 400 north of Toronto in June 2009, the National Post reports.According to the paper, nine occupants of a car and minivan, as well…
ICBC fails to prove identity of hit-and-run driver, forced to assume liability
May 20, 2010 by Canadian UnderwriterThe Insurance Corporation of British Columbia (ICBC) has been ordered by B.C.’s provincial court to assume the liability of a hit-and-run accident when an investigation failed to determine the identity of the driver.In Spitman v ICBC, Jen Spitman was at…
Saskatchewan regulates sale of incidental insurance
May 17, 2010 by Canadian UnderwriterSaskatchewan has passed a new set of regulations targeting the sale of incidental insurance by unlicensed insurance agents. The Saskatchewan Insurance Act Amendment Regulations 2010 specify types of business entities allowed to be licensed to sell insurance through unlicensed employees,…
“Scope for more flat-fee arrangements” with lawyers handling claims: procurement manager
May 14, 2010 by Canadian UnderwriterAlthough 95-98% of insurers’ legal bills for handling claims files still follow a billable-hours fee structure, “there is scope for more flat-fee arrangements,” Lori Brazier, claims procurement manager for Aviva Canada, told a seminar at the CIP Society Symposium 2010…
Insurer successfully proves arson as the cause of a car fire
May 14, 2010 by Canadian UnderwriterThe Ontario Superior Court of Justice has dismissed a claim for damages resulting from a vehicular fire, determining instead that arson caused the fire.In Salihi v TD General Insurance Company, Najib Ullah Salihi attempted to sue his auto insurer for…
DAS Canada receives Letters Patent as Canada’s newest insurance company, to specialize in legal expense insurance
May 14, 2010 by Canadian UnderwriterCanada’s Minister of Finance has issued Letters Patent to DAS Legal Protection Insurance Company Limited (DAS Canada), making it the first insurer in the country to specialize in offering legal expense insurance. The company will provide customers with policies that…