Canadian Underwriter

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Legal


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How long will it take before distracted driving campaigns take hold?

May 16, 2018 by Jason Contant

Similar to drunk driving campaigns that took years to take hold before people realized others were getting injured or killed and that it was unacceptable, distracted driving campaigns may also take a while to fully work, Aviva Canada’s chief underwriting

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How much Ontario auto insurer might pay if it loses privacy class-action lawsuit

May 16, 2018 by Greg Meckbach

If Canada’s Federal Court were to rule against an Ontario auto insurer sued over allegedly obtaining credit scores of auto accident benefits claimants, the insurer might have to pay up to $10,000 a claimant. A class-action lawsuit was filed April

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Auto insurer faces lawsuit over credit scores in accident benefits claims

May 16, 2018 by Greg Meckbach

A major Ontario auto insurer is facing a lawsuit over allegedly using credit scores in adjusting accident benefits claims. The proposed class-action lawsuit, filed April 10 in Federal Court, is on behalf of all Canadians who made auto claims with

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Why Supreme Court ruling in car theft case offers little comfort to insurers

May 14, 2018 by Greg Meckbach

Liability risk for companies having control of vehicles may be somewhat lessened with the Supreme Court of Canada’s recent ruling in Rankin (Rankin’s Garage & Sales) v. J.J., but a plaintiff injured as a result of a vehicle theft can

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What’s the difference between a “self-insured retention” and a deductible?

May 14, 2018 by David Gambrill

A “self-insured retention” [SIR] is effectively the same thing as a deductible in a contract triggered by an insurer’s duty to defend, an Ontario court has ruled in a case involving an agreement between an elevator contractor and the building

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Paralegal license revoked for dishonest dealings with insurers

May 11, 2018 by David Gambrill

Ontario’s legal regulator has revoked the license of a Richmond Hill paralegal for professional misconduct, finding that he misrepresented himself to insurance companies in accident benefits claims. In addition, the Law Society Tribunal ordered Roland Spiegel to pay the regulator

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Supreme Court says garage not liable for teen crash in stolen car

May 11, 2018 The Canadian Press

OTTAWA – A garage owner should not be held responsible for the terrible injuries a teen suffered when he and a friend stole a car from his lot and crashed it in a “tragic set of events,” the Supreme Court

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Claimant makes incorrect proof of loss statement: Error? or “Wilfully false”?

May 10, 2018 by David Gambrill

A claimant does not have to intend to deceive an insurance company in order to make a “willfully false statement” on a proof of loss, thus voiding the insurance policy, an Ontario court has ruled. In Pinder v. Farmers’ Mutual

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Belair court victory exposes how clinics can abuse auto claims system

May 9, 2018 by David Gambrill

Belair Direct has succeeded in quashing an auto insurance claim that illustrates how rehab and assessment clinics can potentially abuse Ontario’s accident benefits law. In its ruling in Belair Direct Insurance Company v. Green, an accident benefits case, the Ontario

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Economical’s demutualization fraught with uncertainty

May 8, 2018 by Greg Meckbach

It’s been more than two years since Economical Insurance’s mutual policyholders voted in favour of demutualization and it’s not clear how much longer the process will take – assuming it happens at all. “This process was much more complex and

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Broker fined after leaving agency with his own book of business

May 8, 2018 by David Gambrill

A B.C. broker who believed he was leaving one agency for another with his own book of business received a $2,500 fine for a privacy breach when he took a spreadsheet of his clients’ information with him. Before joining his

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A new way to manage identity theft risk

May 7, 2018 by Greg Meckbach

A law intended to reduce the risk of identity theft, which is covered under some home insurance policies, is one step closer to reality in Ontario. Bill 8, the Access to Consumer Credit Reports and Elevator Availability Act, passed third