Topic
Legal
Why you shouldn’t negotiate insurance contracts with emojis
July 28, 2023 by David GambrillBrokers 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…
Why this AB claimant couldn’t prove an inability to carry on a normal life
July 27, 2023 Philip PoradoAn 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…
Trial to decide insurer’s duty to defend in seniors lodge explosion
July 24, 2023 by David GambrillIt’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…
Brokerage wins limited injunction against regulator’s new rule
July 19, 2023 by David GambrillFS 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.…
What’s to blame for distracted driving trends?
July 14, 2023 Philip PoradoBrokers 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…
Has COVID-19 changed restaurant insurance forever?
July 13, 2023 Jason ContantCanada’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…
Brokers, not insurers, advise clients of valuation changes
June 29, 2023 by David GambrillAn 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…
Court result suggests confusion about MGAs and insurers
June 23, 2023 by David GambrillManaging 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,…
Gore loses priority case in fatal snowmobile crash
June 22, 2023 by David GambrillGore 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…
Did the court jump the gun on allowing a negligence claim against a brokerage?
June 16, 2023 by David GambrillA brokerage has been added as a defendant in a sideline negligence claim, even though the central legal action for breach of contract involving two other parties (including a defendant reinsurer) has yet to be decided. Ontario’s Superior Court applied…
Top court rejects Travelers appeal in dirt bike accident benefits case
June 15, 2023 by David GambrillIt’s the end of the line for Travelers’ appeal of an accident benefits case involving a dirt bike driven in a closed course competition. The Supreme Court of Canada rejected the insurer’s leave to appeal Thursday. This means a dirt…
Nova Scotia identifies thousands of stolen records in global security breach
June 12, 2023 Keith Doucette - THE CANADIAN PRESSHALIFAX – Officials in Nova Scotia have identified thousands of files stolen in a global data breach affecting the personal information of at least 100,000 people in the province. Cybersecurity and Digital Solutions Minister Colton LeBlanc said Friday that a…