Topic Legal
Driver of vehicle without owner’s consent still qualifies for coverage: FSCO
May 17, 2012 by Canadian UnderwriterA Financial Services Commission of Ontario (FSCO) arbitrator has ruled a 17-year-old driver who suffered serious injuries in an accident should receive non-earner benefits even though it is alleged he was driving a car without the owner’s consent. The main…
Quebec coroner calls for measures to prevent people from driving while fatigued
May 16, 2012 by Canadian UnderwriterIn the wake of a crash in 2010 that killed three cyclists training for a triathlon, Quebec’s coroner is calling on Transport Canada to require manufacturers to equip vehicles with a system for detecting drowsiness and loss of driver alertness.…
No need for damages to be formally quantified before a plaintiff can launch action against own insurer in underinsured motorist case
May 15, 2012 by Canadian UnderwriterA plaintiff does not need to have damages quantified by settlement or judgment before proceeding with an action against his own insurer under the inadequately insured motorist provision of an auto insurance policy, the Ontario Court of Appeal has ruled.…
FSCO proposes aligning Ontario’s solvency standards with international standards
May 11, 2012 by Canadian UnderwriterThere would be no need for Ontario to maintain a separate and duplicative solvency regime for the few such companies that remain in the province under a Financial Services Commission of Ontario (FSCO) proposal. FSCO’s consultation paper, Improving Solvency Supervision…
Opportunity exists for B.C. condo unit owners to challenge fairness of deductible downloading bylaws
May 11, 2012 by Canadian UnderwriterB.C. condo unit owners have yet to take a run at challenging the fairness of deductible downloading bylaws of strata corporations, although case law seems aligned for such an opportunity. Krista Prockiw of Alexander Holburn Beaudin & Lang LLP mentioned…
Finance department receives mixed feedback on P&C demutualization
May 11, 2012 by Canadian UnderwriterA summary of submissions to the federal government on demutualization shows some important differences in viewpoints on how mutual property and casualty insurers should be allowed to become share companies. The Department of Finance received more than 80 submissions from…
Applying insurance deductibles to a condo building infested with marijuana grow-ops
May 11, 2012 by Canadian UnderwriterHere’s a quick math question for strata insurance experts: If there is a $50,000 policy deductible for each “occurrence” of illegal drug activity losses, and 29 out of 90 condo units in a single building are damaged because of marijuana…
Ontario court denies bid to use new summary judgment rules to determine “catastrophic impairment”
May 9, 2012 by Canadian UnderwriterThe Ontario Superior Court has derailed a plaintiff’s bid to obtain under new provincial rules for summary judgment a declaration that she suffered a “catastrophic impairment.” Nancy Stewart was severely injured in a motor vehicle accident on Nov. 4, 2005.…
Heavy truck fleet to be equipped with protective guards
May 8, 2012 by Canadian UnderwriterSaint-Laurent, a Montreal borough, has become the first in the city to start modifying its fleet of heavy vehicles to help prevent the possibility of pedestrians and cyclists from accidentally falling underneath. The fleet will be equipped with lateral protection…
Canadian automotive recyclers call for national approach to the environmental management of end-of-life vehicles
May 7, 2012 by Canadian UnderwriterAutomotive Recyclers of Canada (ARC) is calling for a national approach to the environmental management of end-of-life vehicles (ELVs) in Canada. In a submission to the Canadian Council of Ministers of the Environment, ARC notes that although ELV processors are…
Ontario moves toward wage freeze for doctors through “rebalancing” OHIP fees
May 7, 2012 by Canadian UnderwriterOntario is moving toward a real wage freeze for doctors, expected to result in savings of $338.3 million in 2012-2013. “The government is updating and rebalancing OHIP fees to better reflect current medical practices and new technologies and to avoid…
Ontario Appeal Court muddies waters regarding homeowner coverage of innocent co-insureds
May 3, 2012 by Canadian UnderwriterThe Court of Appeal for Ontario has issued a ruling that may have muddied the waters concerning homeowner coverage of innocent co-insureds. “There may now be coverage for an innocent co-insured who is alleged to have failed to act to…