Canadian Underwriter

Topic Legal

News InsurersLegalOntarioPersonal AutoProperty

A new regime for tow truck regulations? What auto insurers want to see

July 2, 2020 by David Gambrill

Auto insurers are applauding Ontario’s creation of a new government task force to improve provincial oversight of the tow truck industry, citing the possibility of reducing insurance fraud and associated premium reductions for consumers. “IBC applauds the Ontario government for

News AdjustersClaimsClaims Canada ArchiveClaims ProfessionalsCommercialLegalLiabilityOntarioPersonal AutoRisk Managers

How a property owner can be liable when a motorcycle hits a wayward donkey

July 2, 2020 by Greg Meckbach

A Supreme Court of Canada decision released Thursday means a construction materials supplier is partly liable for injuries suffered by a motorcyclist who collided with a donkey that escaped from a rural property. In 2009, Amir Youssef was riding his

News ClaimsClaims Canada ArchiveClaims ProfessionalsCommercialLegal

What to consider when using electronic waivers of liability

June 30, 2020 by Greg Meckbach

Waivers of liability do not necessarily have to be in paper form, but they are not a substitute for having a good risk management program in place, says one lawyer who has defended waivers in court. The question of whether

News AdjustersClaimsClaims Canada ArchiveClaims ProfessionalsCommercialLegalLiabilityOntarioRisk Managers

How the P&C industry can lead change in long-term care homes

June 30, 2020 by Greg Meckbach

Insurers could be instrumental in pushing nursing homes and long-term care facilities to improve the way they manage the risk of a disease outbreak, a Toronto-based personal injury lawyer suggests. “As a plaintiff’s personal injury lawyer, I usually don’t see

News BrokersInsurersLegalTrending

What’s next for Economical’s demutualization

June 29, 2020 by Greg Meckbach

Editor’s note: This story was updated to reflect a June 30 announcement by Economical Insurance Economical Insurance is still in the process of demutualizing but the next policyholders’ vote is not going to happen this year, the Waterloo, Ont. based

News AlbertaLegalNewfoundland & LabradorNova ScotiaOntarioPersonal AutoTechnology

How IBC would change auto insurance regulation in four provinces

June 26, 2020 by Greg Meckbach

Motorists in Ontario, Alberta, Nova Scotia and Newfoundland and Labrador should be allowed to buy pay-per mile insurance, an Insurance Bureau of Canada official says. Those four provinces already allow usage-based insurance, wrote Ryan Stein, IBC’s executive director of auto

News AdjustersB.C.ClaimsLegalLiability

What the court said about parents’ liability when hosting teen drinking parties

June 25, 2020 by David Gambrill

Parents hosting a house party in which minors are drinking alcohol and smoking marijuana must be reasonable — but not perfect — when protecting teens against “foreseeable” risks, a B.C. court ruled in a recent social host liability case. The

News HRInsurersLegalManagement

Former LawPro CEO nominated to investment industry regulator board

June 25, 2020 by Greg Meckbach

Malcolm Heins, a former CEO of Ontario’s professional liability insurer for lawyers, has been nominated to the board of directors of the Investment Industry Regulatory Organization of Canada, IIROC has announced. Heins (pictured below) joined Simcoe & Erie General Insurance

News AdjustersClaimsClaims Canada ArchiveLegal

This Nissan seatbelt lawsuit will have more than 100 witnesses

June 24, 2020 by Greg Meckbach

Vehicle manufacturer Nissan is facing a lawsuit in British Columbia over rear seatbelts, in a case that demonstrates how legal defence costs can multiply in a hurry. The plaintiff, Arshdeep Singh Sidhu, was nine years old in 2008 when he

News InsurersLegalOntarioPersonal Auto

Toronto officer now allegedly linked to illegal tow truck scheme

June 24, 2020 by Paola Loriggio - THE CANADIAN PRESS

TORONTO – A Toronto police officer arrested last week in the theft of a police radio has now allegedly been linked to an illegal operation benefiting the tow truck industry. Toronto police said Monday that 11 people, including 47-year-old Const.

News BrokersClaimsCommercialCommercial AutoCyberEmerging RisksInsurersLegalLiability

Brokers urged to stay on top of coverage changes as businesses re-open

June 22, 2020 by David Gambrill

Brokers are advised to be aware of the “second wave” — and that doesn’t refer to the anticipated increase in the number of novel coronavirus infections in the fall. No, brokers are now being cautioned about the new wave of

News LegalLiability

Why waivers won’t necessarily protect clients from COVID-19 liability

June 22, 2020 by Greg Meckbach

Waivers of liability for disease transmission might protect commercial clients from lawsuits, but the industry will not know for sure until one is tested in an appeal court, a litigation defence lawyer suggests. A waiver will not, on its own,