Topic Legal
Client anger: It’s getting tough out there for insurers
August 12, 2022 by David GambrillSaskatchewan’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…
Former Supreme Court judge to head Hockey Canada review
August 8, 2022 by The Canadian PressFormer 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…
Auto insurers had it right in accident benefits HST case, Appeal Court rules
August 3, 2022 by David GambrillAuto 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…
Catalytic converter theft: a growing problem for auto insurers
July 29, 2022 by Jason ContantManitoba 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…
ServiceOntario employees charged in relation to theft of hundreds of vehicles
July 29, 2022 by Noushin Ziafati - THE CANADIAN PRESSPolice 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…
Brokerage E&O 101: How to win lawsuits against evasive clients
July 27, 2022 by David GambrillTaking 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…
Don’t forget to serve, even if the insurer already knows about the lawsuit
July 26, 2022 by David GambrillA 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…
OSFI releases final insurance capital guidelines for IFRS 17
July 21, 2022 by Canadian Underwriter StaffThe 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…
Is the two-year limitation period set in stone?
July 21, 2022 by Jason ContantA 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…
Splitting costs when ‘other insured’ policy clauses don’t reconcile
July 15, 2022 by David GambrillWhen 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…
D&O excess policy needs to spell out exceptions from primary policy
July 14, 2022 by David GambrillIf 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,…
Court strikes down cap on costs for auto injury experts
July 13, 2022 by David GambrillB.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…