Topic Legal
Court finds direct writer didn’t explain optional benefits properly, but dismisses action against Meloche Monnex
January 13, 2012 by Canadian UnderwriterThe Ontario Superior Court has found that a direct writer breached its duty of care in offering optional benefits to a consumer. Nevertheless, the court dismissed the claim against Meloche Monnex because it found the claimant would not have purchased…
New Brunswick court finds plaintiff entitled to Section B benefits because of his inability to concentrate, process information quickly
January 13, 2012 by Canadian UnderwriterA New Brunswick court has found that a man who suffered a closed head injury in a 2005 auto accident – which resulted in a lack of concentration, an inability to process information quickly and mental fatigue – is unable…
FSCO cautions consumers of Freedom Insurance Company
January 12, 2012 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) is warning consumers that Freedom Insurance Company is not licensed to do insurance business in Ontario.“If consumers purchase insurance from insurers that are not licensed in the province, they are not protected under…
Estate of pilot who dies in plane crash is not entitled to insurance because the pilot’s medical certificate had expired before the crash
January 10, 2012 by Canadian UnderwriterThe estate of a pilot who died when he accidentally crashed his aircraft cannot collect insurance because the deceased pilot’s medical certificate had expired more than a year before the accident, the Alberta Appeal Court has ruled.The deceased pilot’s insurance…
Harmonized policy on the use of credit information in underwriting will not happen: CCIR
January 9, 2012 by Canadian UnderwriterThe Canadian Council of Insurance Regulators (CCIR) is currently reviewing the results of a consultation it conducted last year on credit scoring, but it doesn’t appear likely that a harmonized approach to credit scoring will be the outcome.“Frankly, there will…
FSCO releases Cost of Goods guideline in response to Anti-fraud Task Force
January 6, 2012 by Canadian UnderwriterOntario’s insurance regulator, the Financial Services Commission of Ontario (FSCO), has released a Cost of Goods Guideline in response to a recommendation by the Auto Insurance Anti-fraud Task Force.The Anti-fraud Task force released an interim report in early December, reflecting…
B.C. man fined for faking theft of vehicle
January 4, 2012 by Canadian UnderwriterA British Columbia man was fined $2,750 after he admitted lying to the police about his truck being stolen, ICBC reported.Kyle Anderson told police in April 2009 that his Toyota Tacoma truck had been stolen while he and a friend…
Theft of heating oil from churches in eastern Canada on the rise
January 4, 2012 by Canadian UnderwriterTheft of heating oil from churches is on the increase in eastern Canada, according to Ecclesiastical Insurance’s Halifax office.Most recently, thieves stole heating oil from a church in Atholville, New Brunswick. They damaged the oil tank and siphoned off some…
Psychological and physical impairments can be combined to determine catastrophic impairment: Ontario Appeal Court
January 3, 2012 by Canadian UnderwriterPsychological impairments can be combined with physical impairments for the purpose of determining whether an injured person meets the 55% threshold for a catastrophic impairment of the whole person, the Ontario Court of Appeal has ruled in Kusnierz v. Economical…
Health care practitioners also a target of health claim fraud: FSCO
December 21, 2011 by Canadian UnderwriterInsurers aren’t the only targets in fraudulent health care claims, health care practitioners are also being targeted, warned the Financial Services Commission of Ontario (FSCO) in a bulletin.FSCO describes a common scenario in which clinic owners/operators and others in the…
Less than 10% of Canadian executives use fraud detection software: SAS
December 20, 2011 by Canadian UnderwriterA vast majority (83%) of Canadian executives said fraud prevention and detection is a priority for their organizations, but only 9% of those surveyed said they have business analytics software designed to help detect fraud running all the time, according…
Law Society of B.C. expands lawyers’ professional indemnity coverage to respond to “bad cheque” scams
December 20, 2011 by Canadian UnderwriterThe Law Society of B.C. (LSBC) has broadened the scope of lawyers’ professional indemnity coverage to respond to trust fund shortfalls resulting from various forms of “bad cheque” scams.Typically, the scams involve between $200,000 and $350,000, with one matrimonial scam…