Topic Legal
New product allows policyholders to mark valuables with their DNA
June 21, 2013 by Harmeet Singh, Online EditorAfter several years of development, a Canadian company is launching a product that uses a consumer’s DNA to mark valuable assets, a tool it says insurers can use to track items after loss or theft. Alastair Russell, now CEO of…
Ontario appeal court rejects bid to force carriers to cover asbestos claims
June 17, 2013 by Canadian UnderwriterThe Ontario Court of Appeal last week ruled in favour of seven insurance carriers who had written liability policies between 1969 and 1980 for Goodyear Canada Inc., whose U.S. parent is facing asbestos-related lawsuits. Goodyear Canada wants those carriers to…
Brokerage found negligent in connection with rejected home workshop fire claim
June 14, 2013 by Canadian UnderwriterA Nova Scotia Court has ruled that a brokerage that was sued by a home policyholder with an unsuccessful fire claim was negligent and breached the standard of care required in the insurance industry. Paul Keizer’s garage near Wolfville, N.S.…
Supreme Court bars $16 million subrogated negligence claim for warehouse fire
June 14, 2013 by Canadian UnderwriterThe Supreme Court of Canada Thursday stopped a Canadian tissue paper maker from pursuing a subrogated claim against the manager of a Vancouver-area warehouse that was destroyed by fire, along with more than $16 million of the manufacturer’s inventory, in…
FSCO issues warning of auto insurance scam, fake broker ads on Craigslist
June 12, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) is warning consumers that CC&B Group Inc. and Serafattin Solak are not licensed to do insurance business in the province and are connected to a fake auto insurance scam. Solak (also goes by the name “George”)…
Alberta court rules carrier has duty to defend in failed watermain case
June 12, 2013 by Greg Meckbach, Associate EditorAn Alberta judge ruled last week against The Dominion of Canada General Insurance Company when it decided the carrier has a duty to defend a construction contractor against a lawsuit filed by a condominium corporation. In a ruling June 4,…
Supreme Court upholds ruling allowing disabled no-fault Saskatchewan auto claimant to sue municipality
June 11, 2013 by Canadian UnderwriterThe Supreme Court of Canada has dismissed an application by a Saskatchewan municipality for leave to appeal a ruling that allows an auto claimant with no-fault insurance to sue the municipal government responsible for maintaining a road. The highest court…
FSCO arbitrator rules stoppage of benefits form invalid
June 10, 2013 by Canadian UnderwriterAn arbitrator for the Financial Services Commission of Ontario recently ruled that a form used in the past by auto carriers to notify claimants that their income replacement benefits are being stopped is confusing and unclear. FSCO arbitrator Jessica Kowalski…
Designated drivers may not be abstaining enough: study
June 10, 2013 by Canadian UnderwriterDesignated drivers may not be abstaining from alcohol entirely, despite evidence suggesting they should, notes a new study out of the University of Florida. Researchers there conducted six field studies over three months in a “college community restaurant and bar…
Cargo theft a growing insurance problem for Canada: IBC
June 7, 2013 by Canadian UnderwriterThe Insurance Bureau of Canada (IBC) and the Provincial Auto Theft Network (PATNET) are making efforts to educate the public on cargo theft, which the groups say is a growing insurance problem here and south of the border. The groups…
Ontario Court of Appeal lets auto claimant amend “poorly drafted” claim against insurer
June 7, 2013 by Canadian UnderwriterThe Ontario Court of Appeal recently ruled against Economical Insurance when it decided that a policyholder can amend a claim against the carrier under a family protection endorsement of an auto policy. The case stemmed from a collision in November…
Average cost of data breach rose in 2012, most expensive in Germany and U.S.: report
June 6, 2013 by Canadian UnderwriterHuman errors and system problems caused two-thirds of data breaches last year, although those caused by malicious attacks were the most costly, according to global report from the Ponemon Institute. The global average cost for breaches was $136 per record…