Canadian Underwriter

Topic
Legal


Reconstruction of a drainage ditch in the middle of a forest.
News ClaimsCommercial LinesLegal

Insurer loses $255,000 subrogation claim over modified excavator

June 9, 2023 by David Gambrill

AIG Insurance Company lost a $255,275 subrogation claim Tuesday on behalf of its insured, a forest management and logging company, because the insured could not prove a fire to an excavator it bought from Volvo didn’t start because of an

Girl after shopping discovered the loss of her automobile. Angry woman talking about missing car on phone. Vehicle theft concept
News AssociationsClaimsInsuranceLegalLegislation / Regulation

Auto insurers pay out record amount for auto theft

June 8, 2023 by David Gambrill

Supply chain issues are creating a hot domestic market for stolen vehicles, which in 2022 cost Canadian property and casualty auto insurers more than an estimated $1 billion — the most the industry has ever paid for auto theft in

Climate lawsuit
News Climate ChangeCommercial LinesInsuranceLegalLegislation / RegulationMarkets / Coverages

Why Canadian D&O insurers can breathe a sigh of relief

May 31, 2023 by Jason Contant

D&O lawsuits claiming boards of directors breached their climate-related fiduciary responsibilities would likely not succeed in a Canadian court if the facts are similar to those in a recent U.K. court case, lawyers suggested in a Mondaq article Wednesday. Non-profit

Black GMC Sierra Denali driving on the street with trees in the background
News ClaimsInsuranceLegalLegislation / Regulation

Man injured in a crash while sleeping in a stolen truck is covered

May 31, 2023 by David Gambrill

A man sleeping in the back of a pickup truck when it was stolen by an uninsured driver and involved in a serious crash is entitled to auto insurance coverage, the Court of Appeal for Ontario has ruled. The Appeal

Working from home or playing with the dog?
News BrokersClaimsCommercial LinesEmploymentInsuranceLegalProfessional DevelopmentRisk

How hybrid work can increase broker E&O risk

May 31, 2023 David Gambrill

Workplace flexibility, one feature of a hybrid workplace, has proven to be a selling point to attract younger brokers. But the hybrid office makes it difficult to supervise newly recruited brokers to make sure they’re doing things correctly, broker E&O

Disabled woman with bandaged arm signing document
News CatastrophesClaimsInsuranceLegal

‘Minor injuries’ don’t exist if they fall outside the Minor Injury Guideline

May 17, 2023 by David Gambrill

An auto injury falling outside of Ontario’s $3,500 Minor Injury Guideline (MIG) cap is no longer a ‘minor injury’ for the purpose of imposing funding limits on certain medical goods and services, Ontario License Appeal Tribunal (LAT) has ruled. “There

Microphone on a podium with blurred crowd of strikers in the background
News AssociationsClaimsCommercial LinesEmploymentLegalMarkets / Coverages

Why standard coverage for unions doesn’t cut it

May 15, 2023 by Alyssa DiSabatino

Unions and corporations operate differently, and that means a union needs more tailored insurance coverage when an aggrieved member takes legal action, lest they find themselves underinsured, one expert told Canadian Underwriter.   Standard policies typically exclude important coverages for unions,

Ambulance toy wooden block and alarm clock on blue background. Emergency healthcare medical concept.
News AdjustersClaimsInsuranceLegal

Why this auto claim can proceed 2 years after the limit expired

May 9, 2023 by David Gambrill

Nova Scotia’s Supreme Court recently allowed an auto liability claim to proceed four years after the collision happened, and two years after the time limit for making a claim had expired. The delay was based mainly on the claimants’ lawyer

Close-up of male lawyer working in office.
News BrokersInsuranceLegal

Court backs broker in dispute over buying his book of business

May 5, 2023 by David Gambrill

Ontario’s Appeal Court has denied an appeal by a St. Catharines, Ont. brokerage in a dispute over the contract terms of a producer buying out his book of business after he served notice he was leaving the brokerage. In Lindsay

Version of Michelangelo's painting "The Creation of Adam" depicting the development of generative AI and machine learning
News BrokersClaimsCommercial LinesInsuranceLegalTechnology

What your business clients need to know about generative AI risks

May 4, 2023 by David Gambrill

Commercial brokers and insurers should alert their business clients to new liability risks around intellectual property (IP), copyright and licensing associated with using generative artificial intelligence (AI) technologies like ChatGPT, Dall-E and Bard. “Generative AI is a type of artificial

A dike breach in Ste-Marthe-sur-le-Lac, Que.
News AdjustersCatastrophesClaimsInsuranceLegalMarkets / CoveragesRestoration

Residents of Quebec town still struggle with aftermath of 2019 flooding

May 1, 2023 Morgan Lowrie - THE CANADIAN PRESS

SAINTE-MARTHE-SUR-LE-LAC, Que. – Sylvie Bechard had only owned her little brick house for six months when her neighbour came banging on her door on the night of April 27, 2019. The dike holding back the Lake of Two Mountains had

Firefighters extinguishing an industrial fire at the fire station holding on to the hose spraying the fire at a storage tank.
News CatastrophesClaimsCommercial LinesInsuranceLegal

Insurer successfully defends city’s appeal over fire response times

April 28, 2023 by David Gambrill

Canada’s top court Thursday refused to hear an appeal in a case in which a Quebec municipality was found 25% liable for a fire that destroyed a commercial building when not enough firefighters were present after 10 minutes to fight