Canadian Underwriter
Wooden denied stamp on yellow background. Horizontal composition with copy space. News ClaimsInsuranceLegal

Should you attach a dispute-resolution form to a denial letter?

June 8, 2022 by David Gambrill

An injured auto driver has lost an appeal against her insurer, which denied benefits a full seven years before she launched her legal challenge against the decision. One notable aspect of the case was whether the claimant received a dispute…

Gas valve on the pipe between the receivers. News ClaimsClaims CanadaCommercial LinesInsuranceLegal

Insurer must defend negligence case, despite pollution exclusion

June 3, 2022 by David Gambrill

Canada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the…

semi-truck at night News ClaimsCommercial LinesInsuranceLegal

The insurance policy clause that saved this self-insurer

June 2, 2022 by David Gambrill

Clean Harbors Canada, one of largest hazardous waste haulers in North America, is not on the hook to pay the cost of first-party fire damage to a truck owned and operated by one of its contractors, an Ontario court has…

Doctor consulting male patient, working on diagnostic examination of mental illness News ClaimsInsuranceLegal

Auto AB claim: Where privacy meets abuse of process

June 1, 2022 by David Gambrill

An Ontario court has rejected the privacy concerns of an auto accidents benefits claimant who refused to attend a psychological examination required by his insurer, finding that the claimant’s privacy concerns amounted to an abuse of process. Ali Baradaran Bagherian…

sleeping woman in autonomous car. Driverless car. Self-Driving car. UGV (unmanned ground vehicle). News ClaimsInsuranceLegalLegislation / Regulation

Regulations for insuring self-driving cars required sooner rather than later, lawyers say

May 27, 2022 by David Gambrill

Canada is not ready to insure even partially automated vehicles (AVs), but the move towards fully-automated vehicles could be here by as early as 2026, warn lawyers at Borden Ladner Gervais LLP. Provincial legislatures will therefore need to update their…

Angry woman driving a car. News ClaimsInsuranceLegal

Fume all you want, don’t hit erratic drivers in front of you

May 26, 2022 by David Gambrill

No matter how much a driver might fume about the slow driver ahead, the driver behind him is still responsible for maintaining a safe distance to avoid a collision — even if the slow driver tries to block the driver…

Shot of a young man and woman going over building plans at a construction site News ClaimsCommercial LinesConstructionEngineeringInsuranceLegal

Insurers must defend, even if damage falls below the deductible

May 24, 2022 by David Gambrill

Insurers have a duty to defend in construction cases involving policy exclusions for a “work performed” or “own work,” even if the amount of property damage claimed falls under the policy deductible, Ontario’s Court of Appeal has ruled. In GFL…

Tow Truck Towing A Vehicle On A Two Lane Highway News ClaimsClaims CanadaInsuranceLegal

Tow truck driver granted “absolute discharge” for his role in staged collision

May 19, 2022 by David Gambrill

Ontario’s Court for Appeal has given an “absolute discharge” to a tow truck driver who pleaded guilty to fraud under $5,000 – and served a six-month conditional sentence – for his role in a staged collision that cost two insurers…

A rear view of a businessman as he places his hand on his head and looks up at random numbers from a clock face that appear on the wall in front of him. News ClaimsInsuranceLegal

New innocent co-insured law does not apply retroactively: Appeal Court

May 18, 2022 by David Gambrill

Ontario’s new innocent co-insured law does not apply retroactively to claims events that happened before the legislation was passed, the Ontario Appeal Court has ruled. The co-insured rule restricts application of insurers’ policy exclusions for criminal acts only to those…

Hand holds a car and a car key News ClaimsInsuranceLegal

Car owner vicariously liable for crash despite reporting her vehicle stolen

May 13, 2022 by David Gambrill

A car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the…

Gavel and remote control from car on table. News ClaimsInsuranceLegalMarkets / Coverages

Appeal Court green-lights key feature of B.C.’s no-fault auto reform

May 12, 2022 by David Gambrill

A central pillar of the B.C. government’s auto insurance reform — that the province’s Civil Rules Tribunal (CRT) has exclusive jurisdiction to determine minor injuries below $50,000, and not the courts — has been found constitutional by the B.C. Appeal…

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What auto insurers need to deny coverage based on alleged suicide attempt

May 11, 2022 by David Gambrill

Editor’s Note: This article has been corrected so that all incorrect references to Unica have been replaced with correct references to Optium. Canadian Underwriter apologizes for the error.   If an insurer wishes to deny auto coverage to an injured…