Canadian Underwriter

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The case for tracking your risk advice

January 19, 2022 by David Gambrill

The City of Revelstoke, B.C., has been found 35% contributorily negligent for not adhering to a recommendation contained in a 2011 risk management audit, which advised to maintain painted ‘No diving’ signs on a raft in Williamson Lake Park. “The…

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Crawford’s new national TPA sales director for Canada

January 17, 2022 by David Gambrill

Crawford & Company has promoted Victoria Hanson to be its director of sales, National TPA (third party administrator) in Canada. She will report to Jeff Setterington, Crawford Canada’s vice president of sales, effective immediately. “Victoria has a strong proven track…

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Court favours insurer in case that differentiates between leasing and financing

January 14, 2022 by David Gambrill

B.C.’s public insurer is off the hook to pay for vandalism damage done to a car that was jointly owned by the driver and his finance company, because the arrangement between the two car owners was not a true lease.…

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Court gets tough in $10-million “emotional distress” case

January 12, 2022 by David Gambrill

Canadian courts are starting to get tough on potentially vexatious claimants, including insurance claimants, as seen in a Jan. 7 decision by the Court of Queen’s Bench in Alberta. In Sun v. Allwest Insurance Services, the Alberta court referred to…

News ClaimsClaims CanadaCommercial LinesInsuranceLegalReinsuranceRestoration

Excess of loss case should be heard in Canada, not New York: court

January 10, 2022 by David Gambrill

Several excess insurers have lost their bid to have a lawsuit take place in New York instead of Ontario in a mining insurance case brought before the Ontario Superior Court of Justice. Nine of 22 excess insurers argued that the…

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Insurer cleared in case of hearing aid replacement mix-up

January 7, 2022 by David Gambrill

A home insurer has been cleared of any liability after a hearing aid supplier produced a different brand of ear phones than had been cited in the initial insurance quote, B.C.’s civil resolution tribunal has found. The small claims court…

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What Canadian insurers paid for reinsurance in Jan. renewals

January 5, 2022 by David Gambrill

Reinsurance rate increases for catastrophes in Canadian property lines depended on whether the carriers’ portfolios took a hit last year, with 10% to 20% rate increases for catastrophe portfolios that took a loss, and 5% to 10% increases for those…

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Appeal Court overturns $350K bad faith award against public insurer

January 5, 2022 by David Gambrill

Manitoba’s Court of Appeal has overturned a $348,000 damage award against the province’s auto insurer, finding that the insurer did in fact act in good faith towards a person injured in a collision involving an uninsured auto. In making its…

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Liquor and Gaming Authority investigates cyber security incident

December 31, 2021 by The Canadian Press

The Saskatchewan Liquor and Gaming Authority says it’s investigating a cyber security incident that impacted the organization’s computer systems. The organization says it has brought in independent cyber security experts to help address the matter and assess the impact to…

News ClaimsClaims CanadaLegal

Lawsuit arising from 1982 vehicle accident dismissed in 2021

December 20, 2021 by Greg Meckbach

A negligence lawsuit against a plaintiff’s lawyer by an Ontario claimant who was injured in a 1982 motor vehicle accident has been thrown out of court. The claimant settled his accident benefits and tort claims in 1999, when he was…

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Strata owner not liable for common-area water damage

December 14, 2021 by Greg Meckbach

A strata corporation can’t recover $25,000 towards water damage repairs originating from a unit owner’s broken toilet water supply line, the British Columba civil resolution tribunal has ruled. On June 23, 2019, water leaked out of a strata lot. The…

News ClaimsRisk

Supreme Court mulls municipal liability in construction site death

December 13, 2021 by Greg Meckbach

The Supreme Court of Canada will consider the question of what risk a municipality has when someone is killed or injured on a construction site when a contractor is involved. Specifically, the top court announced Dec. 9 it will hear…