Canadian Underwriter

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Legal


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News AdjustersClaimsClaims CanadaInsuranceLegal

Insurance investigators: Be on guard when sharing info with police

May 5, 2022 by David Gambrill

Insurance investigators need to be on their guard about sharing information with police, lest they breach their duty of good faith to their insureds, note lawyers for Borden Ladner Gervais, referencing a 2021 Alberta Court of Queen’s Bench decision. The

A police officer at a car accident scene.
News ClaimsClaims CanadaInsuranceLegal

$200K liability limit triggered in suicidal driver’s auto policy

May 4, 2022 by David Gambrill

Third-party drivers injured in an accident caused by the criminal action of a suicidal driver cannot claim more than the minimum $200,000 liability limit in the suicidal driver’s policy because of a public policy rule enshrined in the New Brunswick

Driver handing over a license.
News BrokersClaimsCommercial LinesInsuranceLegalMarkets / CoveragesMGAsProductsReinsuranceRisk

Beware the tax implications of unlicensed insurance

May 3, 2022 Jason Contant

If you’re looking to place a risk through an insurer that’s not licensed to write business in Canada, it’s important to understand the requirements around filing federal and provincial taxes, as well as special broker licenses. Although direct placement with

Photo of pinned Quebec on a map of Canada.
News Commercial LinesInsuranceLegalLegislation / Regulation

Good news for Quebec’s D&O insurance market

May 3, 2022 by David Gambrill

Quebec has taken a big step towards aligning its duty to defend rules with those of other Canadian provinces, meaning certain insurance contracts in Quebec will be exempt from a legal requirement to pay for insurance defence costs above and

Big rigs refuel at a major truck stop
News ClaimsCommercial LinesInsuranceLegalMarkets / CoveragesRisk

Court sides with Atradius in $5.94-million credit insurance dispute

April 28, 2022 by David Gambrill

Ontario’s Superior Court upheld a $100,000 sublimit in an Atradius credit insurance policy dispute, in which the receiver for the bankrupt Eagle Travel Plaza, BDO Canada, claimed the full policy limit of $5.94 million. Before it went bankrupt in 2019,

Close-up of a young woman making a stop gesture. Focus on foreground
News ClaimsCommercial LinesInsuranceLegalLegislation / RegulationRisk

Sexual harassment: Grounds for dismissal, but not for denying severance

April 27, 2022 by David Gambrill

Slapping a woman on the buttocks in the workplace may be grounds for dismissal, but the threshold for terminating severance as a result of sexual harassment requires ‘wilful misconduct,’ the Ontario Court of Appeal has ruled. In essence, if the

City taxi at night
News ClaimsClaims CanadaLegalLegislation / Regulation

Cabbie assaulted while chasing fare outside taxi is not involved in an “auto accident”

April 19, 2022 by David Gambrill

A taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The

Multiracial workplace celebration.
News BrokersEmploymentInsuranceLegalLegislation / RegulationProfessional DevelopmentRisk

Not addressing diversity issues creates risk for brokers, survey finds

April 14, 2022 Phil Porado

Nearly all Canadian brokers agree addressing diversity, equity and inclusion (DEI) issues is linked to business success, according to a late 2021 Canadian Underwriter online survey of 208 brokers across Canada, made possible with the support of Sovereign Insurance. It

Assortment of Used Cables in Different Types and purposes on second hand market, peripheral equipment"nVideo Audio Cable USB and Bundled Top view From Above. Tech
News ClaimsInsuranceLegalMarkets / Coverages

‘Professional activities’ exclusions: Why insurers must almost always defend

April 13, 2022 by David Gambrill

Quebec’s Superior Court notes an insurer will almost always have a duty to defend an insured in disputes over policy exclusions for “professional activities.” “A review of the case law dealing with exclusion for ‘professional activities’ reveals that, in almost

Papers headed with Tax Liability and glasses on a table
News AssociationsBrokersCommercial LinesEarnings / RatingsInsuranceLegalLegislation / RegulationProductsReinsurance

Does federal budget create new tax liability for P&C industry?

April 12, 2022 Greg Meckbach

A federal budget proposal to forbid insurers from using a contractual service margin as a deductible reserve for tax purposes could impose a one-time tax liability on the industry. International Financial Reporting Standard 17 (IFRS 17) will “substantially change the

Driver driving a car on asphalt road in summer day at park. Woman at steering wheel with smartphone in her hand.
News BrokersClaimsInsuranceLegalMarkets / CoveragesRisk

More than eight in 10 Canadians admit they drive distracted

April 11, 2022 by Alyssa DiSabatino

Eighty-three per cent of Canadian drivers engage in at least one distracted driving behaviour, and this has only increased in the past year, finds a recent survey. But distracted driving doesn’t come without its costs.   Non-digital distractions lead the

Judge holding hammer near toy cars closeup.
News ClaimsInsuranceLegalLegislation / Regulation

How to lie to your auto insurer and not repay your benefits

April 11, 2022 by David Gambrill

A claimant who lied to TD Insurance about an acquaintance being present with her in a car crash so that her acquaintance could collect accident benefits does not have to repay her own benefits because of the misrepresentation, Ontario’s License