Canadian Underwriter

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Legal


News AppointmentsInsuranceLegal

Canada’s new Chief Justice wrote landmark decisions against insurers

December 13, 2017 by Canadian Underwriter

Supreme Court of Canada Justice Richard Wagner, a judge who wrote landmark rulings against Northbridge, RSA, Sovereign General and other Canadian insurers, is now Chief Justice of Canada. Wagner will succeed Beverly McLachlin, who retires Dec. 15 after serving for

News InsuranceLegalMarkets / Coverages

Sexual harassment: Are your commercial clients protected?

December 8, 2017 Greg Meckbach, Associate Editor

With a recent spate of sexual misconduct and workplace harassment complaints, commercial brokers need to make sure employment practices liability insurance covers legal defence costs arising from allegations of poor behaviour towards workers. Employees suing for harassment will sometimes name

News InsuranceLegalMarkets / Coverages

Are you covered for giant boulder damage? Not if the Earth moves…

December 7, 2017 by Canadian Underwriter

Residents in certain parts of British Columbia may be used to evacuations from wildfires, but how about evacuations due to giant boulders? The Canadian Press reported earlier this week that eight properties in the province’s Fraser Valley, including five homes,

News InsuranceLegalMarkets / CoveragesMergers and Aqcuisitions

Dispute over brokerage sale could have sent “commercial law sideways”

December 7, 2017 by Canadian Underwriter

In a case that would “have had the potential to send the practice of commercial law sideways,” Manitoba’s Court of Appeal has reversed a lower court’s $10 million-decision against Western Financial Group over a disputed share price valuation related to

Heather Gray, Equity Partner, Clyde & Co. Canada LLP
Feature Legal

Standard Yet Complex

December 5, 2017 Heather Gray, Equity Partner; and Laura Sullivan, Articling Student, Clyde & Co. Canada LLP

A Nova Scotia ruling exploring the standard of care and “complexity” of risk may offer some relief for insurance brokers, but that should not inspire complacency. While it appeared that the standard of care for brokers had expanded, brokers must clearly understand that standard of care may increase in line with the complexity of the risk.

News InsuranceLegalMarkets / Coverages

Marijuana driving deaths: the new highway scourge?

December 4, 2017 by Canadian Underwriter

Marijuana is trending to be an even bigger killer on the roads than alcohol, according to stats on fatal driving accidents between 2000 and 2014. “What we see is an increasing percentage of fatally injured drivers in Canada who tested

News InsuranceLegalMarkets / CoveragesTechnology

One important attribute required for the sale of cyber insurance

December 4, 2017 Greg Meckbach, Associate Editor

Advising clients on cyber policies “takes a level of sophistication on the broker’s side,” New Brunswick insurance defence lawyer Ryan Burgoyne told Canadian Underwriter Friday. “If you are putting yourself out to have specialized expertise in cyber liability insurance as

News InsuranceLegalMarkets / CoveragesProfessional Development

Broker fined, brokerage chastised for GRC coverage mix-up

November 29, 2017 by Canadian Underwriter

A Manitoba broker received a $1,000 fine and was ordered to pay partial investigation costs of $800 for his role in a coverage mix-up that substituted actual cash valuation instead of guaranteed replacement (GRC) costs for a “seasonal dwelling” encompassing

News ClaimsInsuranceLegalMarkets / Coverages

The curious case of who pays for a building flood claim

November 28, 2017 Greg Meckbach, Associate Editor

A negligence lawsuit after a flood—against a company in charge of watching building automation systems—was recently tossed out of court because of the terms of the lease agreement. A plumbing firm paid settlements to tenants after a building flood, and

News InsuranceLegalLegislation / RegulationMarkets / CoveragesTechnology

Are your clients covered for social engineering fraud?

November 27, 2017 Greg Meckbach, Associate Editor

Brokers should not assume that a client who has bought a cyber or crime policy is covered for the risk of innocent employees who are duped into making fraudulent money transfers. ‘Social engineering fraud’ is a broad term describing scams

News ClaimsInsuranceLegalMarkets / Coverages

Why an insurer invites mandatory fraud reporting

November 23, 2017 Greg Meckbach, Associate Editor

Insurers in Canada should have no choice but to report to fraud to law enforcement and to industry peers, be it is claims for healthcare services that were not provided or bills for repairs that were never done, an Aviva

News InsuranceLegalMarkets / CoveragesTechnology

Uber hack raises disclosure concerns, calls for stronger data protection

November 23, 2017 Ian Bickis - THE CANADIAN PRESS

The theft of details on millions of Uber customers, and the company’s efforts to cover up the breach, have raised alarms among privacy experts and renewed calls for better data protection laws in Canada. Uber admitted Tuesday that hackers stole