Canadian Underwriter

Topic Legal

Angry elephant in the office
News ClaimsClaims ProfessionalsInsurersLegalPersonal AutoSaskatchewan

Client anger: It’s getting tough out there for insurers

August 12, 2022 by David Gambrill

Saskatchewan’s privacy officer has allowed the government’s auto insurer to withhold portions of a claimant’s risk assessment, on the basis that revealing the information could conceivably lead to injury or harm to its employees. However, the privacy commissioner required Saskatchewan

Hand pressing on corporate governance button
News ClaimsLegalTrending

Former Supreme Court judge to head Hockey Canada review

August 8, 2022 by The Canadian Press

Former Supreme Court of Canada judge Thomas Cromwell will lead an independent review of Hockey Canada’s governance amid calls for a change of leadership of the governing body for its handling of recent allegations of sexual assault against players. Hockey

Nurse Speaking to a Mother and Child
News LegalOntarioPersonal Auto

Auto insurers had it right in accident benefits HST case, Appeal Court rules

August 3, 2022 by David Gambrill

Auto insurers that paid catastrophically impaired accident victims attendant care benefits prior to a regulatory clarification in 2019 do not have to pay provincial sales tax above and beyond the benefit limits outlined in law, the Court of Appeal for

A new exhaust system with a catalytic converter
News ClaimsInsurersLegalLoss TrendsManitobaPersonal Auto

Catalytic converter theft: a growing problem for auto insurers

July 29, 2022 by Jason Contant

Manitoba Public Insurance (MPI) is warning consumers about the need to protect their vehicles from catalytic converter theft as reports of this type of crime have significantly increased in recent months. According to MPI claims data, the public insurer has

Man attempting to steal a car
News ClaimsLegalOntarioPersonal AutoPersonal Home

ServiceOntario employees charged in relation to theft of hundreds of vehicles

July 29, 2022 by Noushin Ziafati - THE CANADIAN PRESS

Police say they’ve charged 28 people in Ontario and Saskatchewan, including several ServiceOntario employees, following an investigation into the fraudulent modification and sale of hundreds of stolen vehicles. In a news release Thursday, Ontario Provincial Police said they began an

Firemen Putting Out a House Fire Disaster
News BrokersClaimsLegalManitobaPersonal Home

Brokerage E&O 101: How to win lawsuits against evasive clients

July 27, 2022 by David Gambrill

Taking notes and attaching them to a client’s file as part of an everyday business practice allowed a veteran broker at Wyatt Dowling Insurance Brokers to win a lawsuit launched by her client over two cars that burned up in

Red Handle Rubber Stamper and You've Been Served text isolated on the table.
News CommercialInsurersLegalLiability

Don’t forget to serve, even if the insurer already knows about the lawsuit

July 26, 2022 by David Gambrill

A claimant in a product liability case must still go through the formal process of serving notice in China of intent to sue a Chinese manufacturer, even if the defendant manufacturer was aware of the claim since 2019, had a

Building blocks printed with the words regulations and standards
News InsurersLegal

OSFI releases final insurance capital guidelines for IFRS 17

July 21, 2022 by Canadian Underwriter Staff

The Office of the Superintendent of Financial Institutions (OSFI) today released final insurance capital guidelines updated to reflect implementation of International Financial Reporting Standards 17 (IFRS 17). “These guidelines recognize the improvements in the new international accounting standard of increased

Gavel with an hourglass and antique books
News B.C.ClaimsInsurersLegalPersonal Auto

Is the two-year limitation period set in stone?

July 21, 2022 by Jason Contant

A motor vehicle accident victim can proceed with her personal injury claims after British Columbia’s Civil Resolution Tribunal (CRT) found the provincial public auto insurer made an “explicit promise” not to be bound by the two-year limitation period to start

Hands pointing fingers at each other.
News ClaimsCommercialInsurersLegalLiabilityOntario

Splitting costs when ‘other insured’ policy clauses don’t reconcile

July 15, 2022 by David Gambrill

When two insurers offer coverage for the same loss, and each policy states the coverage is in excess of ‘other insurance’ available, both insurers can be expected to split the cost for the insured’s defence and settlement costs, Ontario’s top

Handmade collage with female portrait and her distorted mirror reflection
News CannabisClaimsCommercialInsurersLegalLiabilityOntarioRisk Managers

D&O excess policy needs to spell out exceptions from primary policy

July 14, 2022 by David Gambrill

If an excess insurance policy follows the form of a primary policy, and the primary policy offers an option that extends the claims reporting period by a year, the insured is entitled to the same option under the excess policy,

Pathologist doctor holding hammer court as investigation of criminal law cases and civil law cases in some jurisdictions
News B.C.InsurersLegalLiabilityPersonal Auto

Court strikes down cap on costs for auto injury experts

July 13, 2022 by David Gambrill

B.C.’s Supreme Court has struck down as unconstitutional the province’s 6% cap on disbursements for experts in personal injury actions arising from auto accidents – one feature of the Insurance Corporation of B.C.’s attempt to control its auto insurance claims