Topic Legal
Ontario Court of Appeal overturns lower court’s decision in catastrophic impairment case
September 28, 2012 by Canadian UnderwriterThe Ontario Court of Appeal has found in favour of a woman claiming catastrophic impairment from her insurer, Aviva Canada, overturning a lower court’s decision. Pastore v. Aviva Canada Inc. concerns a woman who was injured after being hit by…
FSCO awards medical marijuana costs in catastrophic injury case
September 25, 2012 by Canadian UnderwriterA Financial Services Commission of Ontario arbitrator recently found in favour of a claimant seeking payment for medical marijuana from her insurer, more than a decade after the original auto collision that caused her injuries. A FSCO arbitrator awarded $567.60…
ICBC claims centre staff set for strike action
September 13, 2012 by Canadian UnderwriterMore than 1,500 unionized workers at 55 claims-related Insurance Corporation of British Columbia (ICBC) locations will stage a one-day strike Sept. 18, the Canadian Office and Professional Employees Union, Local 378 said yesterday. “These are employees who have been without…
Quebec court orders insurer to indemnify investors bilked by advisor
September 13, 2012 by Canadian UnderwriterQuebec’s Court of Appeal ordered Lloyd’s to pay $460,000 to investors as a result of negligent acts committed by its financial planner and the firms for which he worked, Norton Rose Canada reports in a legal update. The court’s unanimous…
Medical exam expenses not recoverable from second party insurer: Ontario Court
September 12, 2012 by Canadian UnderwriterAn insurance company cannot recover medical examination expenses from another insurer under the provincial loss transfer scheme, according to a recent 2-1 decision from the Court of Appeal for Ontario. In the case, Wawanesa v. Axa, the first party insurer…
Appeal Court restores ruling by FSCO director’s delegate
September 7, 2012 by Canadian UnderwriterOntario’s Court of Appeal has ruled in favour of Certas Direct Insurance Company in a decade-long dispute over accident benefits, opting to set aside a divisional court order on the interpretation of the limitation period under the Insurance Act. Gordyukova…
Distracted drivers not getting the message: ICBC
September 4, 2012 by Canadian UnderwriterA survey of B.C. drivers conducted for the Insurance Corporation of British Columbia (ICBC) shows that 44% of respondents believe driving is a complex task, yet 40% of those who own cellphones admit they have used hand-held devices while behind…
Economical continues preparations as it awaits draft demutualization regulations
September 4, 2012 by Canadian UnderwriterThe hope was that draft federal regulations around demutualization would have been available by now, but the wait for this pivotal stage has not slowed Economical’s preparations for either an initial public offering (IPO) or a sponsored transaction with one…
The “price is wrong” for Ontario auto insurance: IBC
August 30, 2012 by Canadian UnderwriterInsurance Bureau of Canada (IBC)’s public awareness campaign on Ontario auto insurance has listened to disgruntled consumers and now aims to promote understanding of the reasons behind stubbornly high rates. “We wanted to find out what Ontarians were thinking about…
RIMS outlines global reinsurance market policy positions
August 29, 2012 by Canadian UnderwriterThe Risk and Insurance Management Society, Inc. (RIMS) is reiterating its opposition to draft legislation that would place significant restrictions on domestic insurers that cede reinsurance to their foreign affiliates. That view was offered in an official comment letter to…
Fake auto insurance appears to be on the rise: police
August 29, 2012 by Canadian UnderwriterRoutine traffic stops by members of the Southern Georgian Bay auxiliary unit of the Ontario Provincial Police (OPP) are revealing an increase in fraudulent insurance documents. “Unsuspecting consumers are being targeted by fake insurance companies selling auto insurance in Ontario,”…
Majority of U.S. teens support stronger fines for texting while driving
August 28, 2012 by Canadian UnderwriterAlmost 80% of polled teenage drivers in the United States say stronger fines and law enforcement would help deter texting while driving, notes a new survey. The State Farm/Harris interactive telephone survey, conducted from July 24 to 30, involved 650…