Canadian Underwriter

Topic
Legal


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News ClaimsInsuranceLegal

Why AB claimant won’t receive additional benefits

August 1, 2023 Philip Porado

An applicant citing pain and other issues did not meet the burden of proof for an insurer to provide benefits beyond the minimum injuries guideline (MIG), adjudicator Janet Roswell wrote in a July 28, 2023 Licence Appeal Tribunal decision (Jabbour

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News ClaimsCommercial LinesInsuranceLegal

Why this title insurer doesn’t owe the client’s improvement taxes

July 31, 2023 by David Gambrill

Canada’s top court has effectively upheld a decision that a title insurer isn’t on the hook for local improvement charges that become payable in the years following the closing of a real estate transaction. FCT Insurance thus won its appeal

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News InsuranceLegal

Industry input sought on new crypto-asset guidance

July 28, 2023 Philip Porado

While industries seldom relish regulation, Canada’s property and casualty (P&C) insurers can take solace in the knowledge that draft rules around their exposure to crypto-assets are limited. That’s because the latest Office of the Superintendent of Financial Institutions (OSFI) draft

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News BrokersClaimsInsuranceLegal

Why you shouldn’t negotiate insurance contracts with emojis

July 28, 2023 by David Gambrill

Brokers and underwriters would be wise to avoid the use of emojis when negotiating insurance contracts, based on a recent ruling in Saskatchewan. Back in 2019, an Israeli judge found the use of a smiling emoji, a dancing emoji, and

Doctor fitting a wrist brace after a sprain
News ClaimsInsuranceLegal

Why this AB claimant couldn’t prove an inability to carry on a normal life

July 27, 2023 Philip Porado

An accident benefits claimant failed to meet the stringent non-earner benefit (NEB) test and is not entitled to ongoing benefits, adjudicator Derek Grant wrote in a July 21, 2023 Licence Appeal Tribunal decision. The claimant, Dominik Crnogorac (referred to afterwards

Huge flame against the black sky
News ClaimsInsuranceLegal

Trial to decide insurer’s duty to defend in seniors lodge explosion

July 24, 2023 by David Gambrill

It’s going to take a trial to decide whether or not Co-operators General Insurance Company owes a duty to defend in a complicated legal case concerning a 2015 gas explosion that happened on a construction site at the Bow River

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News AnnouncementsAssociationsBrokersCommercial LinesInsuranceLegalLegislation / RegulationMarkets / Coverages

Brokerage wins limited injunction against regulator’s new rule

July 19, 2023 by David Gambrill

FS Insurance Brokers (FSIB), a B.C. insurance broker that has common ownership with a strata property management company, has won a limited injunction against a new rule proposed by the province’s broker regulator, pending judicial review of the new rule.

Distracted driver about to have a car accident
News BrokersClaimsInsuranceLegalTechnology

What’s to blame for distracted driving trends?

July 14, 2023 Philip Porado

Brokers hear lots of stories about minor fender-benders that don’t lead to injuries. And some could even be seen as amusing – if they weren’t linked to financial losses for insurers. “We had an incident where someone was trying to

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News BrokersClaimsCommercial LinesEmploymentInsuranceLegalLegislation / RegulationMarkets / CoveragesProductsRisk

Has COVID-19 changed restaurant insurance forever?

July 13, 2023 Jason Contant

Canada’s hospitality sector was particularly hard-hit by the COVID-19 pandemic, with government-mandated shutdowns and restrictions grinding the industry to a halt. Now, as restaurants return to pre-pandemic foot traffic and revenue levels, the need for insurance solutions and capacity is

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News BrokersClaimsInsuranceLegal

Brokers, not insurers, advise clients of valuation changes

June 29, 2023 by David Gambrill

An insurer does not displace the role of the broker if the insurer conducts its own independent replacement cost valuation (RCV) and comes up with a different number than the broker submits, the Ontario Superior Court confirmed Tuesday. It remains

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News ClaimsCommercial LinesInsuranceLegal

Court result suggests confusion about MGAs and insurers

June 23, 2023 by David Gambrill

Managing general agent (MGA) Can-Sure Underwriting failed to quash a motion to correct a misnomer in a flood damage claim, arguing the claimant incorrectly identified the MGA as an insurer. Ontario’s Superior Court also rejected Can-Sure’s argument that the claimant,

Snowmobiler jumping in the mountains
News ClaimsInsuranceLegal

Gore loses priority case in fatal snowmobile crash

June 22, 2023 by David Gambrill

Gore Mutual has lost its appeal of a priority decision in an accident benefits case related to the fatal crash of two snowmobiles, one covered by insurance, the other uninsured. Ontario’s Appeal Court ruling means Gore Mutual – and not