Topic Legal
Ontario court finds property transfers by convicted auto insurance fraudster represent an effort to put assets out of reach
January 27, 2012 by Canadian UnderwriterThe Ontario Superior Court of Justice has upheld a summary judgment that set aside two property transfers by a convicted auto insurance fraudster over to his wife, ruling that the conveyances represented an attempt to put his assets out of…
FSCO seeks help from private dispute resolution companies to help clear backlogs
January 26, 2012 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) is seeking help from up to four private dispute resolution companies to help eliminate a backlog of files, estimated to be more than nine months as of May 2011. FSCO posted a Request…
Appeal Court upholds judge’s decision to strike jury in auto injury trial involving pre-existing medical condition
January 26, 2012 by Canadian UnderwriterThe Ontario Court of Appeal ruled a trial judge was justified in striking a jury at the outset of an auto accident injury trial involving a pre-existing medical condition (fibromyalgia).The trial judge ruled that the anticipated complexity of the medical…
Trial judge should have considered effect on costs of settlement offer that didn’t conform to Rules of Civil Procedure: Appeal Court
January 25, 2012 by Canadian UnderwriterAn Ontario trial judge erred by not considering the mitigating factor on costs of a reasonable settlement offer that did not conform to the Rules of Civil Procedure, the Ontario Court of Appeal ruled in a consolidated auto injury tort…
Fracking a lesser-known, but significant environmental insurance risk: WillisWire
January 24, 2012 by Canadian UnderwriterFracking, a hydraulic process used to extract gas from shale formations, is one of several, lesser-known energy risks facing the environmental insurance industry in 2012, according to bloggers writing for WillisWire.“There is much debate and concern surrounding fracking due to…
First insurer in priority dispute cannot claim an application for benefits is not “completed” if its search for missing information is not diligent: court
January 20, 2012 by Canadian UnderwriterThe Ontario Court of Appeal has found that in a priority dispute between insurers, the first insurer to receive a claim for accident benefits cannot claim it did not receive a “completed application” if it was not diligent in investigating…
Ontario Court of Appeal recognizes invasion of privacy as a common law tort
January 20, 2012 by Canadian UnderwriterThe Ontario Court of Appeal has recognized the invasion of a person’s privacy as a common law tort, and not just an infraction under the Personal Information Protection and Electronic Documents Act (PIPEDA) In Jones v. Tsige, the appellant, Sandra…
Law intended to help enforce graduated licencing programs falls flat: IIHS
January 19, 2012 by Canadian UnderwriterA New Jersey law intended to help police officers enforce graduated licence requirements has failed to lead to better compliance with the restrictions, an Insurance Institute for Highway Safety (IIHS) study has found. Since May 1, 2010, New Jersey has…
Insurance companies turning down increasing number of requests for assessment and treatment of auto injuries: health care providers
January 19, 2012 by Canadian UnderwriterInsurance companies in Ontario are now turning down an increasing percentage of requests for the assessment and treatment of serious (non-minor) injuries sustained by motor vehicle accident victims, according to a survey of Ontario rehabilitation providers.The Alliance of Community Medical…
Auto body mechanic with no written records of employment deemed to be “employed”: Ontario arbitrator
January 18, 2012 by Canadian UnderwriterAn auto body mechanic who had a verbal agreement with his employer, no paycheque or any other written record of his employment – and who completed only two weeks of work before he was seriously injured in an auto accident…
Majority of claims made against brokers relates to new business
January 17, 2012 by Canadian UnderwriterMore than half of claims made against insurance brokers between 2007 and 2010 related to new business, prompting a warning shot across the bow to the industry to focus on the fundamentals even as pressure is high to write new…
B.C. court fines man $1,750 for identity theft
January 16, 2012 by Canadian UnderwriterThe B.C. Provincial Court has fined a man $1,750 to send a message to the public about the seriousness of identity theft.In R. v. Mahovlich, the court found the accused, Mark Clayton Mahovlich, applied to obtain a British Columbia identity…