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Cyclist loses bid to summon the Queen to court in auto insurance case

July 23, 2021 by David Gambrill

A B.C. cyclist injured in a car collision has lost his bid to demand an audience with Her Majesty Queen Elizabeth II in an effort to make his case against the province’s public auto insurer. In addition to seeking an…

News BrokersInsuranceLegislation / Regulation

Auto dealer penalized for use of insurer’s internet quoting system

July 16, 2021 by David Gambrill

Alberta’s broker regulator has issued an $8,000 civil penalty against an auto dealership, Avenue Motors Ltd., after an insurance company complained about alleged misuse of the insurer’s online quote generator by the dealership’s employees. The dealership holds a Restricted Corporate…

News ClaimsClaims CanadaInsuranceLegalLegislation / RegulationTechnology

Internet kills idea of an inconvenient place to defend your client: Judge

June 30, 2021 by David Gambrill

In the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.…

News ClaimsInsuranceLegal

Who’s at fault in this duel for street parking?

June 25, 2021 by David Gambrill

In a territorial battle for street parking involving sneakiness and deception, a B.C. driver lost his bid to recover his increased auto insurance premium following a minor collision — even though he managed to shift half of the fault over…

News AdjustersClaimsInsuranceLegalRestoration

A home under renovation isn’t necessarily “under construction:” Appeal Court

June 15, 2021 by David Gambrill

A home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…

News ClaimsClaims CanadaInsuranceRestoration

Restoration firms beware: Did clients authorize payment for your work?

June 14, 2021 by David Gambrill

A recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water…

News AdjustersClaimsInsuranceLegal

Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed

June 11, 2021 by David Gambrill

It’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…

News AdjustersClaimsClaims CanadaInsurance

Tribunal sides with Intact in home insurance co-payment spat

June 3, 2021 by David Gambrill

A B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing…

News InsuranceLegalRisk

Should insurers (and others) be banned from making cyber ransom payments?

May 30, 2021 by David Gambrill

Editor’s Note: A previous verison of this article incorrectly stated that a cyberattack against AXA had happened after AXA’s announcement that it was suspecnding insurance coverage in France for ransomeware extortion payments. In fact, as per a Financial Times report…

News ClaimsClaims CanadaInsuranceLegalLegislation / Regulation

Why Intact didn’t have to pay $10K for a claimant’s proposed medical report

May 17, 2021 by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has ruled that Intact Insurance is not obligated to fund a claimant’s $10,200 multidisciplinary report, the purpose of which was to dispute Intact’s decision to cease income replacement benefits after a 104-week period of entitlement.…

News ClaimsInsuranceLegalLegislation / RegulationRisk

How these auto reforms could reduce liability exposure for hospitality clients

May 10, 2021 by David Gambrill

B.C.’s move towards a form of no-fault auto insurance could wind up reducing liability exposure for commercial insureds in the hospitality and other high-risk sectors, according to a recent blog by Borden Ladner Gervais LLP. The province’s no-fault amendments came…

News AdjustersClaimsClaims CanadaInsuranceLegalLegislation / Regulation

Ontario judge urges legislature to deal with insurance fraud

April 22, 2021 by David Gambrill

An Ontario judge has taken the rare approach in a sentencing decision to urge the provincial government to take steps to prevent future instances of insurance fraud. Ontario Court Justice David S. Rose made the obitur remarks in his written…