Topic Legal
Distracted driving responsible for 30% of motor vehicle deaths in B.C. last year
February 14, 2013 by Canadian UnderwriterDistracted driving was at least partially behind 30% of motor vehicle related fatalities in British Columbia last year, the RCMP in the province has reported. Preliminary statistics for 2012 also suggest that 37% of all motor vehicle related injuries involved…
Guidance to prepare directors facing the risk of M&A litigation
February 11, 2013 by Canadian UnderwriterChubb Group of Insurance Companies has released a new loss prevention guide meant to help directors and officers prepare for litigation if their firm engages in a merger or acquisition (M&A). “Merger and acquisition activity is up, and many companies…
How adjusters can handle staged collisions
February 7, 2013 by Greg Meckbach, Associate EditorStaged collisions can be very lucrative for fraudsters managing treatment centres, an Insurance Bureau of Canada official says. IBC has evidence that some clinics whose owners or managers are involved in organized crime are paying co-conspirators $2,000 to $3,000 for…
Recent developments helping auto fraud-fighting efforts in Ontario
February 7, 2013 by Angela Stelmakowich, EditorInsurers should be heartened by some recent decisions around auto fraud, perhaps signalling a shift from what some may have been viewed as a pro-claimant bent at the Financial Services Commission of Ontario (FSCO), one lawyer says. “There have been…
Half of employees think taking company IP when leaving their job is okay: survey
February 6, 2013 by Canadian UnderwriterHalf of employees who left or lost their jobs last year took confidential data with them when the departed, with 40% planning to use that data in their new job, findings from a new global survey suggest. The report from…
Ontario judge rules on auto insurer’s duty to defend beyond limits
February 1, 2013 by Canadian UnderwriterAn Ontario court ruled this week against Jevco Insurance when a judge decided that auto insurance providers must defend actions against their policyholders even after paying their policy limits, but slammed the province’s Standard Automobile Policy (SAP) for “muddled and…
U.S. court accepts plea resolving criminal claims against BP
January 31, 2013 by Canadian UnderwriterThe U.S. District Court for the Eastern District of Louisiana has accepted BP’s plea resolving all federal criminal charges against the company stemming from the Deepwater Horizon accident, oil spill and response, the company reports. Pursuant to the previously announced…
Ontario auto reforms produced a switch from accident benefits to tort
January 23, 2013 by Angela Stelmakowich, EditorThe Greater Toronto Area (GTA) remains Ontario’s trouble spot for auto despite the fact that the September 2010 reforms are working well on the accident benefits side, Brigid Murphy, president and CEO of The Dominion, said during a speech on…
B.C. court rules in favour of Lombard over auto insurance lawsuit for leased vehicle
January 21, 2013 by Canadian UnderwriterThe British Columbia Supreme Court recently dismissed an application by Canadian Direct Insurance Inc. (CDI) to order Lombard General Insurance Company of Canada to reimburse CDI for costs to defend a driver involved in an accident. The central issue in…
Ontario appeal court rules for insurer after assault victim tries to claim auto accident benefits
January 21, 2013 by Canadian UnderwriterThe Court of Appeal of Ontario has overturned most of a lower court decision two years ago in which a judge ruled against Certas Direct Insurance Company, which denied accident benefits to a claimant who was assaulted in and near…
B.C. government reviewing 1,200 files on impaired drivers
January 18, 2013 by Canadian UnderwriterThe British Columbia government is conducting a review of about 1,200 drivers referred to remedial programs under its impaired driving laws, after some drivers petitioned for a judicial review. The review by the Office of the Superintendent of Motor Vehicles…
FSCO lays 84 charges against two Toronto rebab clinics, four people for auto fraud
January 17, 2013 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) has laid 84 charges under Ontario’s Insurance Act against two Toronto rehabilitation clinics and four individuals alleged to have submitted false invoices to auto insurers. The clinics were each charged with seven counts of…