Canadian Underwriter

Topic
Legal


Building maintenance, repairs, and compliance with legal regulations.
News ClaimsInsuranceLegalLegislation / Regulation

GRC policies do not cover increased compliance costs: Appeal Court

November 7, 2023 by David Gambrill

A Guaranteed Replacement Cost (GRC) home insurance policy does not provide coverage for increased regulatory compliance costs required for the rebuild, the Court of Appeal for Ontario has ruled, thus reversing a lower court decision last October that found otherwise.

Flashlight beam shining on client records as someone is up to no good.
News BrokersInsuranceLegalLegislation / Regulation

Brokerage reprimanded for handling of privacy breach

October 31, 2023 by David Gambrill

B.C.’s broker regulator has reprimanded an unnamed brokerage and ordered its nominee to take courses on how to handle a privacy breach, after a stash of client documents was recovered by a third party and returned to the insurance company.

Canada and Quebec flags
News BrokersCommercial LinesInsuranceLegalLegislation / RegulationMarkets / Coverages

How Quebec’s language law may affect outside insurance providers

October 30, 2023 by Jason Contant

Quebec’s recently enacted language law is creating concerns that smaller insurance providers may consider pulling out of the province. Bill 96 (Law 14), An Act respecting French, the official and common language of Québec, came into effect June 1. Under

Canadian border with the USA. Canadian customs. Semi-trucks paying at toll booths
News ClaimsCommercial LinesInsuranceLegalMarkets / Coverages

How Northbridge beat the taxman

October 26, 2023 by David Gambrill

Northbridge is allowed to claim GST input tax credits for insurance policies it issued to trucking companies operating in both Canada and the United States, the Federal Court of Appeal has ruled. The decision overturned a Tax Court of Canada

Beautiful sturdy wood Architecture.
News AdjustersClaimsInsuranceLegalMarkets / Coverages

Policy exclusion? Watch your exceptions in multiple-cause losses

October 18, 2023 by David Gambrill

Underwriters must pay close attention to the policy wording they use in their exceptions to exclusions, lest insurers find themselves on the hook for covering losses with two or more suspected causes. That’s a key takeaway from Brock Stock Farm

Lone fisherman at sunrise against the backdrop of a mountain landscape. Vector illustration.
News BrokersClaimsLegal

Clarifying Nativelands: What the decision means to brokers

October 11, 2023 Stephen F. Gleave, partner, DLA Canada (Toronto)

Canadian Underwriter published an article on Sept. 19, 2023, entitled “Court draws distinction between a brokerage and a consultant.” The article deals with an important decision of Ontario Superior Court Justice Edward Morgan released on July 25, 2023. The matter

New rules coming for insurance industry intermediaries
News BrokersInsuranceLegalTechnology

Is FSRA planning to license aggregators?

October 6, 2023 Philip Porado

Ontario’s insurance regulator has confirmed it is considering whether or not aggregators need to be licensed. Since August, when Ontario’s financial services regulator issued a report outlining concerns about auto insurers’ compliance with take-all-comers requirements, Canada’s P&C insurance industry has

Diverse group working in an office.
News BrokersInsuranceLegal

Why you might need a diversity, equity and inclusion partner

September 28, 2023 Alyssa Di Sabatino

Need some help with your brokerage’s efforts to develop a more diverse, equitable and inclusive workplace? Consider partnering with another organization to create recruiting or other interim partnerships, suggested Craig Pinnock, chief financial officer of Northbridge Financial Corporation. “These are the

Insurance policy agreement in office
News ClaimsClaims CanadaInsuranceLegal

Why this address misrepresentation ruling was set aside

September 27, 2023 by Jason Contant

Ontario’s Licence Appeal Tribunal (LAT) erred in law when ruling it had to rely solely on the Statutory Accident Benefits Schedule (SABS) and had no jurisdiction to award equitable remedies under the Insurance Act, a provincial court has found.  In

Scales of justice loaded with money symbolizing high cost of legal action
News AssociationsClaimsClaims CanadaInsuranceLegalMarkets / Coverages

What’s contributing to rising auto premiums in Alberta?

September 26, 2023 by Jason Contant

Litigation costs stand out as a major contributor to premiums drivers pay in Alberta, according to a new report from accounting firm MNP. Legal costs in Alberta’s auto insurance system have risen 31% since 2018 and account for roughly 20%

Dog bearing her teeth about to bite while waiting for her bath.
News BrokersClaimsEmploymentInsuranceLegalRisk

Brokers: Is your client’s dog “friendly?”

September 25, 2023 by David Gambrill

When two dog owners pass each other while walking their dogs, it is common to hear one ask of the other’s dog, “Friendly?” Perhaps that’s what personal lines home insurance brokers should be asking their dog-owning clients, since lawsuits against

Non-compete agreement
News BrokersClaimsInsuranceLegal

Court draws distinction between a brokerage and a consultant

September 19, 2023 by David Gambrill

Citing the lack of a non-compete agreement, as well as the difference between insurance consulting services and those of a traditional insurance brokerage, the Ontario Superior Court declined to order an injunction that would stop two First Nations land claims