Canadian Underwriter

Topic
Legal


News ClaimsInsuranceLegal

End of the line for auto injury lawsuit over restaurant tip income

July 13, 2018 by Greg Meckbach

A former restaurant server who sought a $3.8-million award after being hit by a car has lost her bid to have her lawsuit heard by the Supreme Court of Canada. The Supreme Court of Canada announced Thursday it has dismissed

News Legal

Tobacco liability threat faces major convenience store chain and gas stations

July 12, 2018 by Greg Meckbach

The Canadian corporate owner of nearly 13,000 convenience stores and gas stations is warning it could be sued as a result of selling cigarettes. Alimentation Couche-Tard Inc. “could be sued for health problems caused by the use of tobacco products,”

News ClaimsInsuranceLegal

What the court said about a family law approach to “spouse” in auto AB claim

July 11, 2018 by David Gambrill

The meaning of the term “spouse” under the Family Law Act is not applicable when determining eligibility for accident benefits under an auto insurance policy, an Ontario court has ruled in a priority dispute between insurers. In Royal & Sun

News ClaimsLegal

Parents of Humboldt Broncos player killed in crash sue truck driver, bus maker

July 10, 2018 THE CANADIAN PRESS

REGINA – The family of one of the Humboldt Broncos players killed in a highway crash has filed a lawsuit alleging a semi-truck driver with inadequate training failed to stop at a flashing stop sign at a rural intersection hidden

News ClaimsInsuranceLegal

These directors resigned from their board but still got sued

July 9, 2018 by Greg Meckbach

A recently-announced agreement to settle a lawsuit valued at $500,000 shows the liability risk faced by directors of Ontario-based companies with overseas operations. Even though four directors and officers had resigned, citing a lack of cooperation with the company’s managers

News InsuranceLegal

Clear policy exclusion wins the day in class action against credit union

July 8, 2018 by Greg Meckbach

A clear exclusion pertaining to fees and commissions in a credit union’s professional liability policy means Liberty International Underwriters will not have to defend a British Columbia credit union against a class-action lawsuit related to machine charges outside of Canada. Coast

News LegalMarkets / Coverages

Truck driver criminally charged in Humboldt Broncos bus crash

July 7, 2018 Dean Bennett - THE CANADIAN PRESS

The driver of a transport truck faces 29 criminal charges in a fatal collision that killed 16 people, including 10 players, with the Humboldt Broncos junior hockey team. Thirteen other players were injured. RCMP say Jaskirat Singh Sidhu, 29, is

News ClaimsConstructionInsuranceLegal

Court finds coverage for subcontractors when broad policy provision included by accident

July 5, 2018 by David Gambrill

A B.C. court has found that a design-build contractor and an architectural and engineering firm are both entitled to coverage under a Lloyd’s Underwriters policy that included a broad provision to insure “any firm(s)” providing “professional services” to a B.C.

News Legal

Neighbours’ spat over flooding, catch-basin access leads to $100,000 court award

July 5, 2018 by Greg Meckbach

The owner of a property with a non-functioning catch-basin has to pay her neighbour more than $100,000 because flooding prevented the neighbour from renting apartments, the Court of Appeal for Ontario ruled last week. Terrence and Matilda Berg own a

News InsuranceLegal

Novel concept of ‘impaired by distraction’ quashed by Supreme Court of Canada

July 4, 2018 by Greg Meckbach

Driving while engrossed in a heated conversation may be a form of distraction, but is not a form of impairment, the Supreme Court of Canada suggested in a divided ruling released Friday. In May 2013, a toddler died after an

News BrokersInsuranceLegal

What happened to the broker caught cheating on her CAIB 3 exam

July 4, 2018 by David Gambrill

A B.C. broker caught cheating on her CAIB 3 broker licensing exam has had her general and life insurance licenses suspended for a year. The Insurance Council of B.C. noted the broker was not deceptive when confronted about her behaviour.

Feature LegalTechnology

Finding Fault with Data

July 3, 2018 Jonathan N. Grnak, Barrister & Solicitor, Danson Recht LLP

Blameworthiness or liability in any crash involving a vehicle equipped with self-driving technology will continue to be the main roadblock to the effective implementation and adoption by consumers of autonomous vehicle (AV) technology. The question is: How do you determine