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Judges divided on how claimants prove involvement of unknown vehicles

May 29, 2018 by Greg Meckbach

The Court of Appeal of Alberta has ruled that motorists who claim to be hit by unidentified vehicles must prove that there was “physical contact,” and produce some kind of corroborating evidence of the involvement of an unknown vehicle. The

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This percentage of consumers believe auto insurance fraud is an “accepted practice”

May 28, 2018 by Jason Contant

Nearly half of customers polled for an Insurance Corporation of British Columbia (ICBC) survey believed that committing auto insurance fraud is an “accepted practice” in B.C., with most saying that claims contain an “element” of fraud. The survey of 1,373

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BMO and CIBC’s Simplii warn fraudsters may have accessed data of 40,000 clients

May 28, 2018 The Canadian Press

TORONTO – Two of Canada’s biggest banks are warning that “fraudsters” may have accessed certain personal and financial information from some customers. The Bank of Montreal said fraudsters contacted the bank on Sunday claiming to be in possession of certain

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Could bombed restaurants be held liable for not mitigating risk?

May 27, 2018 by Greg Meckbach

Restaurant operators face minimal liability risk when customers are injured in bombing attacks, but the risk is extremely low if the attacks are unforeseen and the company does what is “reasonable under the circumstances” to manage risk, an insurance defence

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Did 1970s fire insurance subrogation decisions really set a precedent?

May 22, 2018 by Greg Meckbach

Property insurers’ subrogation rights in Canada may be a bit broader than some lawyers and judges might think. An off-cited trilogy of Supreme Court of Canada decisions released during the 1970s– including one in favour of the Eaton’s department store

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How long will it take before distracted driving campaigns take hold?

May 16, 2018 by Jason Contant

Similar to drunk driving campaigns that took years to take hold before people realized others were getting injured or killed and that it was unacceptable, distracted driving campaigns may also take a while to fully work, Aviva Canada’s chief underwriting

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How much Ontario auto insurer might pay if it loses privacy class-action lawsuit

May 16, 2018 by Greg Meckbach

If Canada’s Federal Court were to rule against an Ontario auto insurer sued over allegedly obtaining credit scores of auto accident benefits claimants, the insurer might have to pay up to $10,000 a claimant. A class-action lawsuit was filed April

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Auto insurer faces lawsuit over credit scores in accident benefits claims

May 16, 2018 by Greg Meckbach

A major Ontario auto insurer is facing a lawsuit over allegedly using credit scores in adjusting accident benefits claims. The proposed class-action lawsuit, filed April 10 in Federal Court, is on behalf of all Canadians who made auto claims with

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Why Supreme Court ruling in car theft case offers little comfort to insurers

May 14, 2018 by Greg Meckbach

Liability risk for companies having control of vehicles may be somewhat lessened with the Supreme Court of Canada’s recent ruling in Rankin (Rankin’s Garage & Sales) v. J.J., but a plaintiff injured as a result of a vehicle theft can

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What’s the difference between a “self-insured retention” and a deductible?

May 14, 2018 by David Gambrill

A “self-insured retention” [SIR] is effectively the same thing as a deductible in a contract triggered by an insurer’s duty to defend, an Ontario court has ruled in a case involving an agreement between an elevator contractor and the building

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Paralegal license revoked for dishonest dealings with insurers

May 11, 2018 by David Gambrill

Ontario’s legal regulator has revoked the license of a Richmond Hill paralegal for professional misconduct, finding that he misrepresented himself to insurance companies in accident benefits claims. In addition, the Law Society Tribunal ordered Roland Spiegel to pay the regulator

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Supreme Court says garage not liable for teen crash in stolen car

May 11, 2018 The Canadian Press

OTTAWA – A garage owner should not be held responsible for the terrible injuries a teen suffered when he and a friend stole a car from his lot and crashed it in a “tragic set of events,” the Supreme Court