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News AdjustersClaimsClaims CanadaLegal

B.C. auto claimant wins dispute over ‘declared value’ in total loss

November 26, 2021 by Greg Meckbach

The Insurance Corporation of British Columbia has been ordered to pay an extra $5,000 to a client whose vehicle was badly damaged on a trip from California. In Link v. ICBC, released Nov. 25, the province’s civil resolution tribunal ruled

News ClaimsInsuranceLegalLegislation / Regulation

Canada’s insurers could face higher costs from distracted driving

November 26, 2021 Canadian Underwriter Staff

Costs to Canadian insurance companies from accidents and injuries caused by distracted driving could reach $159 million by 2030, according to an analysis from financial products comparison site Hellosafe.ca. The analysis explored two scenarios, an optimistic 2% annual increase in

Economical demutualization
News InsuranceLegalLegislation / Regulation

Economical demutualization complete, IPO raises $1.6 billion

November 24, 2021 by Greg Meckbach

Economical Insurance announced Tuesday it has completed its demutualization, the first property and casualty insurer in Canada to do so. Economical’s corporate parent, Definity Financial Corp., said Tuesday it has raised “aggregate gross proceeds” of about $1.6 billion in an

News ClaimsClaims CanadaInsuranceLegalLegislation / Regulation

Supreme Court of Canada rules against BC trial lawyers in disputed subrogated Ontario auto claim

November 18, 2021 by Greg Meckbach

If the Trial Lawyers Association of British Columbia had its way, auto insurers would have an incentive to go the “extra mile” in trying to find reasons to deny claims, two Supreme Court of Canada judges suggested in a decision

News ClaimsClaims CanadaCommercial LinesInsuranceLegalLegislation / Regulation

How Ontario direct compensation-property damage affects temporary loaner vehicles

November 17, 2021 by Greg Meckbach

An Ontario insurer that wrote optional collision coverage for a client is not on the hook for damage to a loaner vehicle borrowed by that client while that client’s own vehicle was in for repair, a judge wrote in a

News AdjustersClaimsClaims CanadaInsuranceLegalLegislation / Regulation

Court rules Ontario auto insurer’s request for claimant data ‘unnecessarily invasive’

November 8, 2021 by Greg Meckbach

An Ontario judge has turned down a request by Aviva Insurance Company of Canada to order a claimant to produce banking records showing the location of vendors from which that claimant had made purchases. In November, 2020, an Aviva auto

News ClaimsLegal

Why the Co-operators won this appeal over homeowner claim

October 29, 2021 by Greg Meckbach

If a client learns something new about insurance law four years after their claim is denied, it’s probably too late to sue the insurer for breach of contract. In a decision released this past Tuesday, the Court of Appeal of

News ClaimsClaims CanadaInsuranceLegal

Why this city owes duty of care in $1 million personal injury lawsuit

October 21, 2021 by Greg Meckbach

A Supreme Court of Canada ruling released Thursday means a British Columbia municipality is facing a new trial, in a $1-million lawsuit, filed by a woman who was seriously injured after parking her car after a snowstorm. In City of

News ClaimsClaims CanadaEmploymentInsuranceLegalLegislation / Regulation

Ontario auto claim reduces employment insurance sickness benefits: federal judge

October 20, 2021 by Greg Meckbach

An Ontario auto claimant is facing a reduction in federal employment insurance (EI) benefits because she was getting income replacement benefits with her auto insurer. In 2019, Antonina Sennikova was involved in a motor vehicle accident that prevented her from

News AdjustersClaimsClaims CanadaLegal

Supreme Court to consider disclosure of cockpit voice recordings in aviation accident lawsuits

October 15, 2021 by Greg Meckbach

The Supreme Court of Canada will hear arguments, from federal aviation accident investigators, that cockpit voice recordings should not be made available to personal injury plaintiffs who are trying to sue an airline over an accident in Halifax. On March

News ClaimsClaims CanadaCommercial LinesInsuranceLegal

Why the Supreme Court of Canada validated this limitation-of-liability clause

October 15, 2021 by Greg Meckbach

A software consulting firm that was sued in Quebec for $6.25 million can rely on a limitation of liability clause in its consulting and integration contract, the Supreme Court of Canada ruled in a decision released Friday. In 6362222 Canada

News ClaimsClaims CanadaInsuranceLegal

Ontario auto claimants seek leave to appeal HST dispute to Supreme Court

October 13, 2021 by Greg Meckbach

A dispute over the handling of sales tax in Ontario auto accident benefits claims could reach the Supreme Court of Canada. In 2018, several auto clients filed lawsuits in Ontario against accident benefits insurers. Plaintiffs allege those carriers either included