Canadian Underwriter

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Legal


Scene of a car accident
News ClaimsInsuranceLegal

What a tribunal said about psychological symptoms in an auto case

September 5, 2023 by David Gambrill

Ontario’s Licence Appeal Tribunal has rejected a claim for auto accident benefits arising from psychological symptoms, finding that while these symptoms happened after the crash, they were not caused by the crash. Also, the adjudicator found the injured insured’s doctors

Book with title New rules and regulations in an office.
News InsuranceLegalLegislation / Regulation

Why OSFI changed its rules for appointed actuaries

August 31, 2023 by David Gambrill

In the wake of IFRS 17 accounting changes, Canada’s solvency regulator is requiring federally regulated P&C insurance companies to be more proactive in reporting any changes related to their appointed actuaries (AAs) and their peer reviewers. The regulator has also

Person experiencing anxiety disorder.
News InsuranceLegal

Where the burden of proof lies in accident claim adjudications

August 28, 2023 Philip Porado

An applicant who was able to prove on a balance of probabilities that she should be removed from the minor injury guideline (MIG) because of a psychological impairment is entitled to additional accident benefits, Ontario Licence Appeal Tribunal adjudicator Nick

Young African delivery man riding electric scooter and delivering food or packages.
News ClaimsInsuranceLegal

Fall risks associated with e-scooters

August 25, 2023 Brittany Sinclair, B.Sc., P.Eng. 30 Forensic Engineering

Editor’s note: This is the first of a two-part series on the biomechanics of rider falls from e-scooters. Part 2 will appear next week.   Canada’s capital is in the midst of its fourth electric scooter (or e-scooter) pilot program.

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News InsuranceLegalLegislation / RegulationRisk

Ontario adjudicator, Aviva targets of “conflict-of-interest” complaints

August 18, 2023 by Alyssa DiSabatino

The Ontario Trial Lawyers Association (OTLA) filed formal complaints this month against Aviva Canada and Licence Appeal Tribunal (LAT) adjudicator Thérèse Reilly, alleging the adjudicator was in a “conflict of interest” when she continued adjudicating LAT tribunal panels in insurance

Back pain
News ClaimsInsuranceLegal

Why AB claim doesn’t clear minor injury guideline hurdle

August 15, 2023 Philip Porado

An applicant who failed to demonstrate her injuries weren’t minor cannot receive benefits beyond the minor injury guideline (MIG), an adjudicator determined in an Aug. 14 Licence Appeal Tribunal (LAT) decision (Reid v. Aviva General Insurance, 2023 ONLAT 20-015102/AABS – A). The MIG

Encryption your data. Binary code and digital Lock. Hacker attack and data breach. Big data with encrypted computer code.
News BrokersInsuranceLegalRiskTechnology

Hub privacy breach affects “limited” amount of Canadian data

August 11, 2023 by David Gambrill

Hub International Limited, a Chicago-based brokerage with offices in 10 Canadian provinces and territories, has reported a privacy breach of data related to “a limited number of Canadians.” Hub posted a “notice of a data privacy event” online on Friday,

Business investment scam concept
News ClaimsCommercial LinesInsuranceLegal

Why Berkshire Hathaway’s fidelity bond didn’t cover a Ponzi scheme

August 9, 2023 by David Gambrill

A fidelity bond issued by Berkshire Hathaway does not cover the loss of an investment firm arising from a Ponzi scheme perpetrated by one of its underlying fund managers. The Ontario Superior Court decision will be appealed, counsel for the

Abstract technical background - "Access Denied"
News ClaimsCommercial LinesInsuranceLegalLegislation / RegulationRiskTechnology

Would a government ban of ransomware work?

August 8, 2023 by David Gambrill

In the United States, the White House has floated the idea of a total ban on ransomware payments, a move that could change the role of a company’s chief information and security officer (CISO), says one expert on corporate information

Magnifying glass representing scrutiny.
News InsuranceLegal

What FSRA found when it examined take-all-comers compliance

August 4, 2023 Philip Porado

Ontario’s auto insurance regulator has used the phrase “systemic non-compliance” to describe how the province’s 12 largest auto insurance companies are approaching Ontario’s take-all-comers requirement. According to a Financial Services Regulatory Authority of Ontario (FSRA) report, released Friday, market behaviour

Thief stealing a car
News ClaimsClaims CanadaInsuranceLegalMarkets / Coverages

Police say 138 vehicles recovered in probe targeting organized crime

August 4, 2023 The Canadian Press

Police in Windsor, Ont., say they have recovered 138 stolen cars with a total value exceeding $9 million following a joint probe conducted with provincial investigators who specialize in organized crime. They say the probe, dubbed Project Fairfield, was launched

Kirsten Andersen at AXA XL
News ClaimsInsuranceLegal

AXA XL names new underwriting manager in Canada

August 3, 2023 Canadian Underwriter Staff

Specialty insurance provider AXA XL has named Kirsten Andersen underwriting manager for its design professional insurance business in Canada. The business unit provides errors and omissions/professional liability insurance to architectural and engineering firms in Canada, according to the firm’s website.