Canadian Underwriter

Topic
Legal


A gloved hand is picking up a sports car
News ClaimsInsuranceLegalRiskTechnology

Feds heed auto insurers’ call for auto theft summit

January 24, 2024 by David Gambrill

Canada’s federal government has answered the call by the nation’s auto insurers to promote a whole-of-society solution to a mounting auto theft crisis. A National Summit on Combatting Auto Theft will take place in Ottawa on Feb. 8, 2024, Public

personal injury medical assessment
News ClaimsInsuranceLegalLegislation / Regulation

Why a court upheld a $175K personal injury award against Ontario Place

January 18, 2024 by David Gambrill

Ontario’s Court of Appeal has upheld a $175,000 damage award against Ontario Place in Toronto, finding that Ontario Place had blocked people’s access to the main exit and failed to erect barriers that would have prevented people from leaving the

Icicle hangs from edge of building
News ClaimsConstructionEngineeringLegal

Roof collapses feared if freezing rain follows heavy snowfall

January 16, 2024 by David Gambrill

Fearing a wave of roof collapses could occur in the short term, Toitures Hogue, a large Quebec roofer, is urging owners of commercial, industrial and/or institutional buildings to be cautious and proactive in advance of a freezing rain forecast over

Soccer player trying to slide tackle his opponent
News ClaimsLegal

Is sports liability case headed to Canada’s top court?

January 11, 2024 by David Gambrill

A “dangerous” sporting play causing injury to another player — even if the move was permitted within the rules of play — can give rise to sports negligence liability, the B.C. Court of Appeal has affirmed. The decision points to

License Plate, Keys, and Papers and Slips Proving Evidence of Auto Insurance
News BrokersInsuranceLegalLegislation / Regulation

Temporary pink slips that went uncovered: What the court said

January 10, 2024 by David Gambrill

Alberta’s Court of the King’s Bench has ordered the Insurance Council of Alberta’s appeal panel to re-consider a matter involving allegations that a broker issued temporary auto insurance pink slips for which there was no insurance coverage. Retired broker Anthony

We have moved. Moving office sign. Clipart image isolated on blue background. Vector stock illustration.
News ClaimsInsuranceLegal

How a client’s address change came back to bite his auto insurer

January 9, 2024 by David Gambrill

If an auto insurer wants to prove an insured “intentionally” failed to inform it of a move, the insurer should be prepared to provide detailed logs, transcripts or recordings of the conversations the claimant had with the broker, Ontario’s Licence

Single wind turbine, a coal burning power plant with pollution and electricity pylons in the background.
News BrokersClaimsClimate ChangeInsuranceLegal

Why your clients may be exposed to more climate change claims

January 4, 2024 by David Gambrill

Your business clients may face increased exposure to climate change liability claims, based on a recent decision by the Federal Court of Appeal (FCA). “With strong language, the Federal Court of Appeal affirmed the ‘existential challenge’ posed by climate change

Red car with a damaged headlight after an accident
News ClaimsInsuranceLegal

Notifying insurer of accident is not the same as making an AB claim: court

January 4, 2024 by Alyssa DiSabatino

Intact Insurance Company won a decision against an insured who notified the insurer of an accident within seven days of his accident, but didn’t apply for accident benefits until almost two years later. In Jakupovic v Intact Insurance Company, an Ontario

Two employees have a discussion on career possibilities
News Commercial LinesInsuranceLegalLegislation / RegulationRisk

The down low on D&O risk in 2024

December 18, 2023 by Alyssa DiSabatino

Clients will benefit from competitive market pricing for directors and officers (D&O) insurance in 2024, but can expect underwriting discipline to return, says Allianz Commercial’s D&O insurance report.  Of particular concern is inadequate responses by company directors and officers to

House For Rent Sign - Metallic Meter
News InsuranceLegalLegislation / RegulationRisk

What the short-term rental crackdown means for home insurance

December 15, 2023 by David Gambrill

With the federal government cracking down on short-term rentals, property and casualty insurance providers are urging clients who rent their properties short-term to contact them to verify whether or not they are covered for property damage or liability for third-party

Cybersecurity of file-transfer systems
News ClaimsClaims CanadaCommercial LinesInsuranceLegalTechnology

Nova Scotia privacy commissioner to investigate file-sharing cyber breach

December 8, 2023 The Canadian Press

HALIFAX – Nova Scotia’s information and privacy commissioner has launched an investigation into the theft of personal information from a file-transfer system used by the provincial government. In June, the government confirmed a cybersecurity breach involving a third-party system known

Magnifying glass in the laptop in the dark
News ClaimsClaims CanadaCommercial LinesInsuranceLegalMarkets / CoveragesTechnology

Why it’s important to understand legal privilege after a breach

December 7, 2023 by Jason Contant

A recent court ruling in Australia concerning the primary purpose of a forensics report following a cyberattack serves as a crucial reminder about legal privilege for Canada’s cyber insurance market. In a Nov. 10 decision, the Federal Court of Australia