Topic Adjusters
The challenges of handling older #MeToo claims
January 27, 2020 by Adam MalikAllegations of sexual abuse have spiked in recent years, creating a new wave of complex insurance claims. Adding to that complexity is dealing with the wave of reports about incidents that took place decades ago. These older claims are proving…
How tech has changed what it means to be an independent adjuster
January 24, 2020 by Adam MalikYears ago, an adjuster would be sent out to look at a claim after a client put their pot fresh off the stove directly on their linoleum countertop, leaving a round burn mark. Compare that to today, when a $50,000…
Why these homeowners lost their negligence lawsuit against a Hub brokerage
January 24, 2020 by Greg MeckbachBritish Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana…
Did the threshold for special awards against insurers just sink lower?
January 9, 2020 by David GambrillA recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In…
How IBC is addressing hard market in condo insurance
January 7, 2020 by Greg MeckbachCondo corporations in Alberta that are having trouble finding insurance might be able to get help from the Insurance Bureau of Canada. IBC announced Tuesday it is “engaging” a risk manager who can make practical recommendations to condominium corporations to…
The hidden cost of Ontario auto accident injuries
December 16, 2019 by Greg MeckbachMore than half a million Ontarians receive some form of government disability support and an advocate for claimants suggests many of these are caused by motor vehicle accident injuries. “At the end of the day, unpaid claimants don’t just go…
Why this $3-million subrogated fire claim against corporate tenant failed
December 10, 2019 by Greg MeckbachThe British Columbia Court of Appeal has ruled against an insurer in finding the parent company of a restaurant intentionally set on fire is not liable. In Austeville Properties Ltd. v. Josan, a ruling in a subrogated $3-million claim released…
Insurers’ medical examiner gets his day at Supreme Court of Canada
November 16, 2019 by Greg MeckbachThe Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked…
Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules
November 13, 2019 by Greg MeckbachThe two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court…
The ‘interpretative stumbling block’ in figuring out whether off-road vehicle accidents are insured
October 31, 2019 by Greg MeckbachConfused about whether Ontario accident benefits applies if your client has an out-of-province accident involving a dirt bike or all-terrain vehicle? The Court of Appeal for Ontario tried to address this confusion in Benson v. Belair Insurance Company. If an…
Edmonton window washing accident amid high winds under investigation
October 31, 2019 by THE CANADIAN PRESSEDMONTON – The City of Edmonton says it’s investigating a window-washing company that was working on the capital’s tallest tower last week in windy conditions when a suspended platform smashed into the building and threw a worker over a railing.…
What stops this insurer from measuring effectiveness of winter tires
October 29, 2019 by Greg MeckbachMore than half a million Manitoba motorists are taking advantage of a winter tire financing program, but the jury is still out on whether the program has reduced accident frequency or severity. There are about 580,000 registered passenger vehicles in…