Canadian Underwriter


News InsuranceLegalLegislation / RegulationMarkets / Coverages

Sexual harassment, cannabis top legal risks in Canada this year: law firm

January 5, 2018 Ross Marowits - THE CANADIAN PRESS

MONTREAL – The hot button issues of sexual harassment in the workplace and cannabis legalization joined a leading Canadian law firm’s annual top 10 list of legal risks for businesses in 2018. Borden Ladner Gervais LLP included sexual harassment in

News InsuranceLegalMarkets / Coverages

Why your CGL pollution exclusion may not go far enough

January 4, 2018 by Canadian Underwriter

Even though they put pollution exclusions into their commercial general liability policies, two major insurers are still on the hook for defending a Vancouver area dry cleaner against a lawsuit arising from soil contamination, a court ruled last week. In

News InsuranceLegalMarkets / Coverages

What your video surveillance can’t prove

December 21, 2017 by Canadian Underwriter

An adjudicator with Ontario’s licence appeal tribunal placed little weight on eight days’ worth of an insurer’s video surveillance because the demands of the job a claimant had abandoned due to injury were not the same as the demands of

News InsuranceLegalMarkets / Coverages

Top court finds auditor liable for failing to detect white-collar crime

December 20, 2017 by Canadian Underwriter

Auditing firm Deloitte must pay $40 million in damages to a Canadian broadway musical company whose founders perpetrated a fraud that the auditor failed to detect, the Supreme Court of Canada ruled in a divided decision released Wednesday. Canada’s highest

News ClaimsInsuranceLegalMarkets / CoveragesProducts

Regulator weighs in on disputed ridesharing claims

December 20, 2017 David Gambrill, Editor-in-Chief

Disputes among Ontario auto insurers, arising from collisions involving vehicles used for multiple ridesharing providers, will likely be handled in the same way insurers handle priority disputes in accident benefits claims, Ontario’s insurance regulator told Canadian Underwriter Wednesday. Aviva Canada

News InsuranceLegalMarkets / Coverages

Tougher laws a mere distraction for cell-using drivers

December 19, 2017 by Canadian Underwriter

Distracted driving offences in Saskatchewan were at an all-time high in November 2017, despite the government’s attempts to toughen the laws around driving with a cellphone. “Police reported a whopping 636 distracted driving offences during the November [Traffic Safety Spotlight],

News InsuranceLegalLegislation / RegulationMarkets / Coverages

Cruise ship owner learns importance of paying attention to government notices

December 19, 2017 Jason Contant, Online Editor

The sole cause of a cruise ship accident off the coast of northern Canada was the failure of its owners to keep a hydrographic chart up-to-date, the Federal Court of Canada has found. The court decision makes it clear the

News InsuranceLegalMarkets / Coverages

Driver convicted of failing to yield awarded $151,000 in legal costs

December 19, 2017 by Canadian Underwriter

A driver convicted of failing to yield the right of way after turning into the path of a different vehicle has nonetheless collected $30,000 from the other motorist and was awarded an additional $151,000 in legal costs. In Duncan v.

News InsuranceLegalMarkets / Coverages

Province looks for ways to keep track of uninsured drivers

December 18, 2017 by Canadian Underwriter

Newfoundland is looking for a way to keep better track of uninsured drivers, including an option that would see licence plates following owners. “The government is evaluating the feasibility of reconfiguring the Motor Registration Division’s computer system for this purpose,”

News InsuranceLegalMarkets / Coverages

Unidentified car claim: Court seeks ‘science’ in expert report

December 18, 2017 by Canadian Underwriter

The Supreme Court of British Columbia has tossed out the report of a forensic engineer, which supported the public insurer’s position in an unidentified car case, saying the report relied too heavily on expert opinion and not enough on “science.”

News InsuranceLegalMarkets / Coverages

Court upholds fake gun exclusion, but not because they are illegal

December 18, 2017 Greg Meckbach, Associate Editor

An Alberta judge has taken a dim view of a mutual insurer’s argument that fake guns made of plastic with bright plugs in the barrels are actually replicas prohibited by federal law and therefore excluded from contents coverage under a

News InsuranceLegal

Court clarifies confusion around “involvement” of unidentified car

December 15, 2017 David Gambrill, Editor-in-Chief

Ontario’s Court of Appeal has rejected a claim for excess coverage against State Farm Mutual Insurance Company, reconciling a jury’s seemingly contradictory answers to questions about the “involvement” of an unidentified driver. Carlota Montepeque was driving two passengers in her