Topic Legal
Brokerage wins limited injunction against regulator’s new rule
July 19, 2023 by David GambrillFS Insurance Brokers (FSIB), a B.C. insurance broker that has common ownership with a strata property management company, has won a limited injunction against a new rule proposed by the province’s broker regulator, pending judicial review of the new rule.…
What’s to blame for distracted driving trends?
July 14, 2023 by Philip PoradoBrokers hear lots of stories about minor fender-benders that don’t lead to injuries. And some could even be seen as amusing – if they weren’t linked to financial losses for insurers. “We had an incident where someone was trying to…
Has COVID-19 changed restaurant insurance forever?
July 13, 2023 by Jason ContantCanada’s hospitality sector was particularly hard-hit by the COVID-19 pandemic, with government-mandated shutdowns and restrictions grinding the industry to a halt. Now, as restaurants return to pre-pandemic foot traffic and revenue levels, the need for insurance solutions and capacity is…
Is spilling coffee on yourself at a drive-thru an auto ‘accident’?
July 10, 2023 by Jason ContantOntario’s Licence Appeal Tribunal (LAT) has ruled in favour of Co-operators in an accident benefits case after finding a driver’s use and operation of his vehicle did not directly cause his injuries and thus did not meet the definition of…
Can we predict where cyber claims might emerge?
July 4, 2023 by Philip PoradoData culled from external scanning systems and other tech tools can help insurers improve underwriting by showing where cyber claims might emerge. But only if the companies develop methods for making proper use of that data, said a recent Gallagher…
Brokers, not insurers, advise clients of valuation changes
June 29, 2023 by David GambrillAn insurer does not displace the role of the broker if the insurer conducts its own independent replacement cost valuation (RCV) and comes up with a different number than the broker submits, the Ontario Superior Court confirmed Tuesday. It remains…
Who’s at fault when AI’s driving a cargo ship?
June 29, 2023 by Philip PoradoIt’s 2035 and a maritime court has convened to determine who’s at fault when a seagoing vessel made an error in passage planning – a safety exercise that maps a voyage from start to finish, including harbour navigation and docking.…
Court result suggests confusion about MGAs and insurers
June 23, 2023 by David GambrillManaging general agent (MGA) Can-Sure Underwriting failed to quash a motion to correct a misnomer in a flood damage claim, arguing the claimant incorrectly identified the MGA as an insurer. Ontario’s Superior Court also rejected Can-Sure’s argument that the claimant,…
Gore loses priority case in fatal snowmobile crash
June 22, 2023 by David GambrillGore Mutual has lost its appeal of a priority decision in an accident benefits case related to the fatal crash of two snowmobiles, one covered by insurance, the other uninsured. Ontario’s Appeal Court ruling means Gore Mutual – and not…
Did the court jump the gun on allowing a negligence claim against a brokerage?
June 16, 2023 by David GambrillA brokerage has been added as a defendant in a sideline negligence claim, even though the central legal action for breach of contract involving two other parties (including a defendant reinsurer) has yet to be decided. Ontario’s Superior Court applied…
Top court rejects Travelers appeal in dirt bike accident benefits case
June 15, 2023 by David GambrillIt’s the end of the line for Travelers’ appeal of an accident benefits case involving a dirt bike driven in a closed course competition. The Supreme Court of Canada rejected the insurer’s leave to appeal Thursday. This means a dirt…
Insurer loses $255,000 subrogation claim over modified excavator
June 9, 2023 by David GambrillAIG Insurance Company lost a $255,275 subrogation claim Tuesday on behalf of its insured, a forest management and logging company, because the insured could not prove a fire to an excavator it bought from Volvo didn’t start because of an…