Canadian Underwriter

Topic Legal

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

Cyberattack concept
News ClaimsClaims Canada ArchiveCommercialCyberLegalTechnology

No evidence that RCMP data was extracted during recent cyberattack: commissioner

February 28, 2024 by The Canadian Press

OTTAWA – The head of the RCMP said Tuesday there was no evidence to date that personal or operational information had been pilfered from the national police force’s systems during a recent cyberattack. “Based on information that we’ve gone through,

Taxi car with Uber logo on the snowy street.
News ClaimsInsurersLegalPersonal Auto

Why this Uber driver was not injured in an auto accident

February 26, 2024 by David Gambrill

An Uber driver who slipped on ice when helping a passenger load the trunk was not involved in an auto ‘accident,’ the Ontario Licence Appeal Tribunal has ruled. The ruling is consistent with a trend in Ontario case law over

Are SUVs getting too big to avoid serious accidents?
News ClaimsLegalLiabilityLoss ControlLoss TrendsPersonal Auto

Will bigger vehicles lead to bigger claims?

February 23, 2024 by Philip Porado

With accident rates climbing, one growing area of concern is that vehicles are becoming much larger. For example, rapid changes in vehicle specs mean full-size SUVs from 1999 would today meet the gearhead moniker of ‘Cute Ute.’ With sport utility

Sports Photographer in an empty stadium
News B.C.ClaimsInsurersLegalLiability

Sports insurers urged to consider video review

February 22, 2024 by David Gambrill

A legal firm urges sports insurers to require their sports association clients to install cameras to record the action, following the B.C. Court of Appeal’s January 2024 decision in Cox v. Miller. In Cox v Miller, the court found Karl

Macro photo of tooth wheels with COMPLIANCE, REGULATIONS, STANDARDS, POLICIES and RULES words imprinted on metal surface
News Emerging RisksInsurersLegalLiability

FSRA’s first non-auto P&C supervision plan to include review of MGAs

February 22, 2024 by Alyssa DiSabatino

Ontario’s insurance regulator is launching a review of P&C insurers’ managing general agent (MGA) outsourcing practices as part of its first non-auto P&C supervisory plan.  “Given the risks and oversight concerns involved, insurer outsourcing to P&C MGAs is a priority

Portrait of an agent consulting a mature couple at office
News B.C.BrokersInsurersLegalPersonal Auto

Brokers needn’t advise new Canadians to obtain a provincial driver’s licence

February 20, 2024 by David Gambrill

Insurance brokers in B.C. aren’t required to advise clients new to Canada that they must apply for a provincial driver’s licence within 90 days of residency in the province, B.C.’s Civil Rules Tribunal has ruled. “I find that the duty

Cutting Canadian dollars to represent price cuts
News BrokersCommercialInsurersLegalLiabilityLoss Trends

Why D&O price cuts may not be justified

February 15, 2024 by David Gambrill

Softer market conditions reported in some professional liability lines are premature and unjustified, a global reinsurer told September’s National Insurance Conference of Canada (NICC) in Montreal. The NICC reinsurance panel followed a presentation on the global economy by Swiss Re’s

Drone Point View of Busy Traffic at Night
News B.C.InsurersLegalPersonal Auto

Canada’s P&C professionals sound off on auto reform

February 14, 2024 by David Gambrill

Almost 70% of Canadian property and casualty insurance professionals describe the need for auto reforms across the country as either “very urgent” or “urgent,” but they don’t believe provincial governments share their sense of urgency. Canadian Underwriter polled more than

Building demolished by an earthquake, Christchurch, New Zealand
News BrokersClaimsCommercialConstructionInsurersLegalPersonal Home

The post-pandemic broker E&O trend, and how to prevent it

February 13, 2024 by Alyssa DiSabatino

Many clients’ commercial property limits aren’t being adjusted for inflation, and that’s unduly exposing brokers to errors and omissions (E&O) claims, one commercial litigation lawyer observed.  Inflationary increases are typically applied to all building values upon renewal. The problem is,

E-scooter accidents are going to cause problems for Canadian cities because of vague insurance rules and lax enforcement.
News ClaimsEmerging RisksInsurersLegalLiabilityLoss TrendsPersonal AutoPersonal HomeProperty

Lax e-scooter insurance spells trouble for Canadian municipalities

February 12, 2024 by Philip Porado

Based on what’s taking place in other jurisdictions, lawsuits over accidents involving e-scooters will likely rise in Canada – particularly in Alberta, British Columbia and Ontario, where some municipalities permit their use on public streets, park trails, or sidewalks. Municipalities