Canadian Underwriter

Topic Legal

A quad on its side after it has been accidentally flipped.
News LegalLiabilityOntario

‘Negligent operation’ of ATV includes turning it over to inexperienced driver

March 18, 2024 by David Gambrill

If parents permit an adult child to use their all-terrain vehicle (ATV), and the son or daughter then negligently turns over control of that ATV to an inexperienced driver who gets seriously injured in a crash, the parents can be

Justice and law symbol statue
News ClaimsLegalOntarioPersonal Auto

Top court clarifies standard for judicial review of LAT decisions

March 15, 2024 by David Gambrill

Canada’s top court has kicked an auto accident benefits dispute back to the Ontario Licence Appeal Tribunal, effectively confirming courts have discretion to review decisions from the LAT, even if claimants only have a limited right to appeal LAT decisions.

Police badge and handcuffs on a computer to represent regulators cracking down on computer crime
News CommercialEmerging RisksInsurersLegalTechnology

How quantum computing creates new risks, regulatory issues for insurers

March 14, 2024 by Jason Contant

Quantum computing stands at the forefront of data processing technology and, although it remains an open question how it will be regulated, some form of guidelines will be needed. Quantum computers go well beyond a standard binary form of processing

Construction site accident
News ClaimsCommercialConstructionLegalLiabilityProperty

Who’s responsible when construction projects go wrong

March 13, 2024 by By Dr. Yasser Korany, KSI Engineering

Construction project delays can expose commercial insurers to significant claims costs. Canada’s property and casualty insurance market collected more than $748 million in direct written premiums for surety bonds in 2022, per Canada’s solvency regulator, the Office of the Superintendent

Hourglass, stopwatch and clock floating in blue water
News ClaimsClaims ProfessionalsCommercialInsurersLegalLiabilityOntario

Paid the claim? No need to re-appraise after limitation period, court says

March 12, 2024 by Alyssa DiSabatino

An insurer that has already paid a claim doesn’t have to do a follow-up appraisal after the limitation period has expired, Ontario’s Superior Court of Justice has ruled.  “An admission of liability to pay on the part of an insurer

Discussing financial results
News ClaimsClaims Canada ArchiveInsurersLegalLoss ControlLoss TrendsOntarioPersonal AutoPersonal HomeTechnology

How Aviva Canada is handling personal lines’ pressures

March 8, 2024 by Jason Contant

Aviva Canada’s overall combined ratio for 2023 stood at 95.3% (undiscounted) but there was a difference between the year-end combined ratios for personal versus commercial lines.  The insurer’s personal lines combined ratio (COR) last year came in at 99.5%, up

Secure document safety concept
News B.C.ClaimsClaims Canada ArchiveCommercialCyberLegalTechnology

B.C. health authority warns of possible privacy breach after police recover documents

March 8, 2024 by The Canadian Press

An RCMP investigation has revealed a possible privacy breach for thousands of employees who worked or work at a health authority in British Columbia’s Interior. Interior Health says police contacted them in January about finding a document during its investigation

Child waving Quebec flags
News InsurersLegalOperationsQuebec

Staying on the right side of Quebec’s language law, Bill 96

March 7, 2024 by David Gambrill

Canada’s property and casualty insurance industry is advised to establish a policy and train employees to comply with Bill 96, Quebec’s French language law, which calls for all policy contracts with clients in the province to be done in French

Edmonton City Hall
News AlbertaClaimsClaims Canada ArchiveCommercialLegalProperty

Edmonton City Hall attack supports terror charges: RCMP 

March 7, 2024 by The Canadian Press

Mounties say they believe an attack on Edmonton City Hall in January was politically motivated, meaning it reaches the legal threshold for terrorism charges.  Supt. Glenn Sells of the RCMP’s national security team said Tuesday that officers had seized an

Quebecers will soon be able to opt for an 'X' gender marker.
News ClaimsClaims Canada ArchiveEmerging RisksLegalPersonal AutoQuebec

Quebec to offer ‘X’ gender option for health cards, driver’s licences

March 5, 2024 by Morgan Lowrie – The Canadian Press

Quebecers who do not identify as male or female will soon be able to opt for an ‘X’ gender marker on their health cards and driver’s licences. Both Quebec’s automobile insurance board and its public health insurance board confirmed Monday

Managing Time and scheduling conflict metaphor as a deadline stress business idea with a clock with 3D illustration elements.
News ClaimsCommercialInsurersLegalLiability

Landmark opioid case wrestles with who defends among multiple insurers

March 1, 2024 by David Gambrill

When multiple commercial insurers are on the hook consecutively for long-tail claims spanning decades, defence costs should be allocated according to the proportion of time they were on risk, the Ontario Appeal Court ruled this week. The court’s landmark decision

Happy salesman selling the car to his female customer in a showroom.
News B.C.InsurersLegalOperationsPersonal Auto

Vehicle warranties: Auto insurers don’t owe premium tax on dealer’s fees

February 29, 2024 by David Gambrill

An insurer doesn’t owe provincial premium tax on auto dealer’s fees charged for vehicle equipment warranties, the Supreme Court of B.C. has ruled. Vehicle equipment warranties are commonly sold at auto dealerships. Customers pay for vehicle warranty policies as part