Canadian Underwriter

Topic Legal

A thief attempting to break into a car
News ClaimsClaims Canada ArchiveClaims TechnologyInsurersLegalLoss ControlLoss TrendsPersonal AutoTechnology

How auto theft is evolving

April 17, 2024 by Jason Contant

Fraudsters are adapting their methods in an attempt to fly under the claims radar, and even using artificial intelligence to create false documentation and platforms for claims handling, speakers tell the Insurance Institute’s 2024 CIP Society Symposium. Auto theft has

Construction workers fighting on the job
News ClaimsCommercialConstructionEmerging RisksInsurersLegalLiability

How forensic engineers help resolve construction disputes

April 16, 2024 by Yasser Korany, KSI Engineering and Mina Tesseris, ArbiTECH

Canada’s construction sector, which accounts for 7.5% of the country’s GDP according to the Canadian Construction Association, is seeing a rise in construction claims and disputes. That’s partially due to the increasing technical sophistication of construction projects, escalating price of

Prescription pills spilled on a table
News ClaimsClaims Canada ArchiveClaims ProfessionalsLegal

Quebec court approves class action alleging opioid makers misled users about risks

April 16, 2024 by The Canadian Press

A Quebec Superior Court judge has authorized a class-action lawsuit against 16 pharmaceutical companies that are alleged to have misled consumers about the efficacy and dangers of opioid medications. The class action includes everyone in Quebec who was diagnosed with

Law, Consultation, Agreement, Contract, Attorney or Lawyer holding a pen is consulting with a client to explain the pattern of answering questions before going to court to decide a lawsuit.
News InsurersLegalOntarioPersonal Auto

Why an auto insured didn’t have to help with his insurer’s defence

April 15, 2024 by David Gambrill

An Ontario court has set aside a judgement of almost $155,000 that an auto insurer obtained against its insured for not complying with a legal obligation to participate in the insurer’s defence. In this case, the insured was not driving

Mallet of the judge, books, scales of justice
News ClaimsInsurersLegalPersonal Auto

Why LAT is reconsidering an accident benefits claim after an auto accident

April 12, 2024 by Alyssa DiSabatino

A decision in which a woman whose psychological trauma was triggered after she viewed the dashcam footage of an auto accident she was involved in — and spotted a house in the background where she’d lived and was the victim

Scales of justice loaded with money symbolizing high cost of litigation legal action
News CommercialInsurersLegal

Small businesses face rising risk of litigation from Canadians

April 9, 2024 by Alyssa DiSabatino

Canadians are getting more litigious, and that means small business owners face a heightened risk of legal disputes, according to a recent survey by Zensurance.  The majority (69.3%) of Canadian consumers say they’d sue a small business if they were

Quebec taxi driver protesting new government regulations.
News Commercial AutoLegalQuebec

Class-action lawsuit by taxi drivers against Quebec government begins

April 2, 2024 by Jacob Serebrin – The Canadian Press

A trial opens Tuesday in a class-action lawsuit accusing the Quebec government of wiping out hundreds of millions of dollars in the value of taxi permits by allowing ride-hailing company Uber to operate and then by abolishing the permit system.

Toronto Police talking about vehicle theft investigation, Project Paranoid
News ClaimsClaims Canada ArchiveLegalLoss ControlLoss TrendsOntarioPersonal AutoSupply Chain

Toronto police recover stolen vehicles amid ongoing rise in auto theft

March 28, 2024 by Maan Alhmidi – The Canadian Press

Toronto police announced the recovery of 48 stolen vehicles and the arrests of seven people Wednesday as they detailed their latest attempt to crack down on the growing issue of auto theft in the region. Investigators said information gathered during

Person reporting a stolen vehicle
News ClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalLoss ControlLoss TrendsSaskatchewan

Insurer’s Top 5 insurance fraud claims of 2023

March 25, 2024 by Jason Contant

An intoxicated driver who reported her car stolen to avoid the consequences of impaired driving and fake invoices for high-end jewellery reportedly stolen from a vehicle were among Saskatchewan Government Insurance’s (SGI) Top 5 insurance fraud claims of 2023.  The

Much money and a motorcycle.
News ClaimsInsurersLegalPersonal Auto

Innocent victim of insurance fraud? Why a tribunal found otherwise….

March 25, 2024 by David Gambrill

An injured motorcyclist claiming he was the innocent victim of fraud had the wherewithal to know he was not carrying valid insurance, thus disqualifying him from receiving accident benefits, the Ontario Licence Appeal Tribunal (LAT) ruled Thursday. The tribunal said

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.