Canadian Underwriter

Topic
Legal


News InsuranceLegal

Is there a doctor in the court? Psychologist’s evidence is not good enough for verbal threshold, court rules

December 12, 2019 by Greg Meckbach

Correction Notice: In an earlier version of this story, L&A Mutual was identified as the defendant’s insurer, which is the insurer identified in court documents. However, Aviva has since identified itself as the defendant’s insurer.   When a driver is

News AdjustersClaimsClaims CanadaInsuranceLegal

Why this $3-million subrogated fire claim against corporate tenant failed

December 10, 2019 by Greg Meckbach

The British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released

Feature LegalTechnology

Do you know where your data is going?

December 9, 2019 Roisein Hutchinson, Senior Associate, Walker Sorensen LLP

So, you want to work with insurtechs. A guide to how your contracts should handle the sharing of private consumer information between you….

News ClaimsLegal

How this surety bond could be examined by Supreme Court of Canada

December 9, 2019 by Greg Meckbach

When do the terms of a surety bond allow a construction project owner to withhold payments to a contractor? This question could go to the Supreme Court of Canada, which recently announced a federal crown corporation wants to appeal a

News Legal

Supreme Court rules on 1985 pollution liability indemnification

December 6, 2019 Jim Bronskill - THE CANADIAN PRESS

OTTAWA – Two forest-product companies are on the hook for looking after a mercury-contaminated site near Ontario’s Grassy Narrows First Nation, the Supreme Court of Canada has ruled. The 4-3 decision Friday brought some clarity to a long-running dispute over

News ClaimsEngineeringLegal

Why Supreme Court of Canada ruled in favour of Lloyd’s

December 2, 2019 by Greg Meckbach

A $5.6-million court award in favour of Lloyds Underwriters and one of its Quebec-based shipowner clients has been restored by the Supreme Court of Canada. Desgagnés Transport Inc. v. Wärtsilä Canada Inc., released Nov. 28, means a section of the

News LegalLegislation / RegulationReinsurance

When OSFI will talk to industry about draft reinsurance rules

November 29, 2019 by Greg Meckbach

The federal insurance regulator – silent during the election campaign on proposed changes to reinsurance – plans to talk to the industry after the holidays, a senior official with the federal Office of the Superintendent of Financial Institutions (OSFI) said

News InsuranceLegalTechnology

What an expert is calling one of the toughest penalties for impaired drivers

November 26, 2019 Morgan Lowrie - THE CANADIAN PRESS

MONTREAL – Quebec is bringing in a new measure for impaired drivers that will require repeat offenders to pass a breathalyzer every time they drive, in what one expert describes as among the toughest policies in the country. Beginning Nov.

Feature Legal

Say What You Mean

November 20, 2019 Don McGarvey, Senior Partner, McLennan Ross LLP (Edmonton) and Joel Franz, Associate, McLennan Ross LLP

An Alberta court case serves as a reminder that parties to commercial insurance contracts need to spell out their assumptions and expectations using plain and ordinary terms

News InsuranceLegal

What it takes to be convicted of driving with no insurance

November 20, 2019 by Greg Meckbach

When an Ontario motorist fails to produce proof of insurance and is charged as a result, police do not have to prove the vehicle is actually uninsured. So says Justice David Rose of the Ontario Court of Justice in R.

News AdjustersClaimsClaims CanadaLegal

Insurers’ medical examiner gets his day at Supreme Court of Canada

November 16, 2019 by Greg Meckbach

The Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked

News AdjustersClaims CanadaInsuranceLegal

Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules

November 13, 2019 by Greg Meckbach

The two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court