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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…

News AdjustersClaimsClaims CanadaInsuranceRestoration

What the court said when property owners refused to submit a Final Proof of Loss

April 20, 2021 by David Gambrill

Westland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to…

News ClaimsInsuranceLegal

Appeal Court adds new twist to court battle over auto reforms

April 19, 2021 by David Gambrill

B.C.’s Court of Appeal has temporarily suspended parts of a recent decision by the B.C. Supreme Court, which found that it is unconstitutional for the province’s Civil Resolution Tribunal (CRT) to determine minor injuries and decide claims of up to…

News AdjustersClaimsInsuranceLegal

Intact wins the battle, but loses the war, in Alberta wildfire claim

April 7, 2021 by David Gambrill

Intact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…

News ClaimsInsuranceLegal

Strata unit owner loses $5,000 claim after mice chew through dishwasher line

March 24, 2021 by David Gambrill

In the case of a flood caused by a mice infestation, a B.C. strata unit owner was not allowed to recover her $500 insurance deductible or $273 premium increase from the strata corporation despite having warned the strata corporation about…

News ClaimsCommercial LinesInsuranceLegal

Co-operators has no duty to defend a “novel” data policy exclusion: Appeal court

March 19, 2021 by David Gambrill

The Co-operators does not have a duty to defend a cyber liability case involving a “novel” policy exclusion for breached data being published over the internet, the Ontario Court for Appeal has ruled. Reversing the previous decision of a lower…