Topic Legal
Construction contract requiring builders’ insurance supersedes lease agreement: Ontario court
March 21, 2013 by Canadian UnderwriterAn Ontario court has ruled against a major construction firm and three co-defendants who attempted to use a subrogation bar defence in a lawsuit filed by the Bank of Nova Scotia over damage resulting from a leak during a construction…
FSCO warns of unlicensed woman acting as a broker and auto insurance scam in Ontario
March 20, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) has posted a warning to consumers that Antoinette Gail Freeman is not licensed to do insurance business in the province, as well as a notice of an auto insurance-related scam. FSCO says…
B.C. Court of Appeal rules against motorcycle accident victim denied claim for loss of earnings
March 18, 2013 by Canadian UnderwriterThe British Columbia Court of Appeal last week dismissed an appeal from a man who was hurt in several motorcycle accidents and awarded damages for pain and suffering and special damages, but was not awarded any money for loss of…
FSCO nears halfway point of mediation backlog pilot initiative
March 12, 2013 by Harmeet Singh, Online EditorThe Financial Services Commission of Ontario is reaching the midway point of a six-month pilot aimed at streamlining part of its mediation process and saving mediators’ time. Effective Jan. 2, the pilot program allows the parties involved in mediation who…
Court rules against Insurance Corporation of B.C. in fatal truck collision
March 11, 2013 by Canadian UnderwriterA British Columbia court last week ruled against the provincial government’s auto insurance provider, which was sued by a commercial client whose accident claim was denied. In a decision released March 5, Madam Justice Lauri Ann Fenlon ruled that Streeper…
Fraud detection software a good investment – if claims staff know how to use it
March 7, 2013 by Greg Meckbach, Associate EditorInsurance carriers are starting to invest in analytics software to detect fraud, but what’s even more important is having claims staff who are good at using it, educating policy makers and preventing fraudsters from buying policies in the first place,…
Ontario appeal court upholds decision in favour of Meloche in optional auto accident benefits case
March 4, 2013 by Canadian UnderwriterThe Ontario Court of Appeal has upheld a lower court’s decision in favour of Meloche Monnex Insurance Company, reiterating that the insurance provider breached its duty of care to a claimant of optional auto insurance benefits, but that the claimant…
FSCO warns that GIC Mutual Insurance not licensed to do business in Ontario
March 4, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario is warning consumers that GIC Mutual Insurance Company is not licensed to do business in the province. GIC Mutual is selling fraudulent insurance cards to consumers, FSCO says. The phone number 1-800-552-2323 has been used…
IBC, FSCO remind consumers how to report auto insurance scams as Fraud Prevention Month kicks off
February 28, 2013 by Canadian UnderwriterThe Insurance Bureau of Canada and Financial Services Commission of Ontario kicked off Fraud Prevention Month on Thursday by reminding consumers of how to report insurance fraud, especially in auto insurance in the province. Fraud Prevention Month runs through March…
B.C. condo owners lawsuit over Travelers home warranty going to trial
February 27, 2013 by Canadian UnderwriterA British Columbia court this week denied an application by a group of condo owners suing the Travelers Guarantee Company of Canada over a new home warranty to get a summary determination on a question of what the warranty actually…
Ontario court rules for insurers in Onex D&O liability case
February 26, 2013 by Greg Meckbach, Associate EditorThe Ontario Court of Appeal this week ruled in favour of several insurance companies in dismissing an appeal, from Toronto private equity firm Onex Corp., of a ruling from a lower court ordering American Home Insurance to pay $15 million…
State Farm sues Toronto medical assessment centre over auto claims
February 19, 2013 by Canadian UnderwriterState Farm Mutual Automobile Insurance Company is suing a Toronto-based assessment centre and four individuals for more than $11 million, alleging that false and fraudulent documentation was submitted in the name of Assessment Direct Inc. In a statement of claim…