Canadian Underwriter

Topic Legal

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News BrokersCommercialCommercial AutoConstructionCyberHRLegalManagementMergers and AqcuisitionsOperationsPersonal AutoPersonal HomePropertyTrusted Advisor

Three options for selling your brokerage

November 11, 2022 by Philip Porado

A consistent stream of property and casualty brokerage acquisition announcements over the past few years likely has a lot of brokerage owners thinking about how they’ll eventually exit the business. For most sales transactions, there are three basic options. One

A man holding a pen sits in front of a clipboard with an insurance policy and three toy cars lined up atop it.
News BrokersCommercial AutoInsurersLegalManitobaPersonal Auto

Insurer ordered to plan for switch to primary driver model

November 9, 2022 by Alyssa DiSabatino

Manitoba Public Insurance (MPI) must now develop a five-year plan to switch from its registered driver model to a primary driver model for auto insurance pricing — after previously stating such a switch would create large rate dislocation and require

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News AlbertaInsurersLegalPersonal Auto

Insurers can’t ask for leniency on time limits, but then enforce them on claimants

November 9, 2022 by David Gambrill

An insurer involved in settlement negotiations can’t ask a claimant for leniency on time limits, but then demand the claimant adhere to strict limitation periods for serving a statement of claim, an Alberta court has ruled. The court thus granted

Native reserve
News B.C.CommercialLegalLiability

Insurance premium tax exemption for B.C. First Nation with no reserve

November 4, 2022 by David Gambrill

Qayqayt First Nation in B.C., which purchased a surety bond from a U.K. insurer as collateral for a bank loan to fund a legal action against the Crown for taking away its land, does not have to pay tax on

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News BrokersInsurersLegalPersonal AutoQuebec

‘Race discrimination’: Indigenous Quebec man who lived on reserve denied insurance

November 4, 2022 by Sidhartha Banerjee CANADIAN PRESS

MONTREAL – An Indigenous Quebec man who was denied car insurance because he lived on a reserve was the victim of race discrimination, the province’s human rights commission concluded in a recent decision. Alexis Wawanoloath, a lawyer and ex-Parti Quebecois

X-Ray of the Neck
News AlbertaClaimsInsurersLegalPersonal Auto

Insurer ordered to pay rehab benefits to injured driver suffering post-accident “relapse”

November 1, 2022 by David Gambrill

Saskatchewan’s public auto insurer has been ordered to pay partial rehab benefits to an auto accident victim who suffered a relapse of his medical condition after initially showing “maximum medical improvement” following his accident, according to his doctors. The injured

Businesspeople shaking hands over a signed contract
News BrokersClaimsCommercialCommercial AutoCyberInsurersLegalMergers and AqcuisitionsPersonal AutoPersonal HomePropertyTrusted Advisor

Selling your brokerage? Don’t forget to tell your clients

October 31, 2022 by Michael Carey

Imagine you’re a client who calls your broker to talk about renewing a policy, only to find they’ve sold the business and moved to Florida. It’s hardly an elegant retirement notification. A client would much rather be told about the

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News ClaimsClaims ProfessionalsCommercialInsurersLegalOntario

Damage appraisal method leaves a toilet back-up case running

October 28, 2022 by David Gambrill

Did a toilet backup cause $35,700 worth of damage to the cell phone stock of a retail business, as argued by Gore Mutual, or $105,000, as the business owner claimed? Neither side agreed with the appraised value of the losses,

Judge banging gavel in a courtroom
News ClaimsInsurersLegal

What Licence Appeal Tribunal changes mean for insurers

October 25, 2022 by Alyssa DiSabatino

Recent changes to the Licence Appeal Tribunal (LAT) process are intended to clear the tribunal’s own backlog, but they have complicated the Automobile Accident Benefits Service (AABS) process, which has in turn created “unfair” costs for insurers, says an prominent

Colourful stars with the word 'incentives' on a chalkboard background
News BrokersInsurersLegal

Brokers and insurers query regulators on proposed incentives guidance

October 25, 2022 by Jason Contant

National associations representing Canadian P&C brokers and insurers are seeking clarification and amendments to proposed regulatory guidance on incentives management, particularly around the costs of incentives within different distribution models. In particular, both Insurance Brokers Association of Canada (IBAC) and

creepy rockabilly couple, girl is trying to get rid of her boyfriend who is clenching on the roof of her wildcat.
News AlbertaClaimsInsurersLegalPersonal Auto

Do you ‘occupy’ a car while hanging onto the window, trying to stop an auto theft?

October 19, 2022 by David Gambrill

If you are hanging out the window of your car trying to stop a thief from stealing it, and you are injured while falling from the open window after being dragged for 40 feet, you are not an “occupant” of

Starbucks Coffee Shop Drive Thru Window
News B.C.ClaimsInsurersLegalPersonal Auto

Who has right-of-way in Starbucks’ drive-through free-for-all?

October 18, 2022 by David Gambrill

A B.C. driver claiming the public auto insurer improperly found him at fault for a collision in a Starbucks’ drive-through has lost his case that he wasn’t at fault because none of the line-up lanes had priority. The Civil Resolution