Canadian Underwriter

Topic Legal

News LegalMergers and Aqcuisitions

Ontario Anti-Fraud Task Force interim report suggests working groups look into licensing health-care clinics, creating dedicated fraud investigation unit

December 2, 2011 by Canadian Underwriter

The steering committee of the  Ontario Auto Insurance Anti-Fraud Task Force has asked its working groups to consider the licensing and regulation of health-care clinics, plug current gaps in regulation (such as the introduction of a regulatory regime for tow

News LegalMergers and Aqcuisitions

New Brunswick draft regulation proposes to ban credit scoring in residential and auto insurance lines

December 2, 2011 by Canadian Underwriter

New Brunswick’s department of justice has posted draft regulations for public consultation that would ban credit scoring in residential property and auto insurance lines. In addition, the draft regulations would not allow insurers to decline to issue, refuse to renew

News LegalMergers and Aqcuisitions

Court finds portion of B.C.’s new drinking and driving law to be unconstitutional

December 1, 2011 by Canadian Underwriter

B.C.’s new tough drinking and driving law, in effect for a year, has just hit its first roadblock, with a significant section of the law – an automatic 90-day license suspension based on roadside blood alcohol tests of .08 mg

News LegalMergers and Aqcuisitions

B.C. public auto insurer must pay for massage therapy: B.C. Court of Appeal

December 1, 2011 by Canadian Underwriter

Massage therapy recommended by a family physician and provided by a registered massage therapist is a benefit for which the Insurance Corporation of B.C. (ICBC) has a legal obligation to pay, the B.C. Court of Appeal has ruled. The appellate

News LegalMergers and Aqcuisitions

MPI hits up $1-million lottery winner for outstanding claims judgments

November 30, 2011 by Canadian Underwriter

Savvy claims investigators may want to check the names of lottery winners, having observed Manitoba Public Insurer (MPI) recover on two judgments rendered against a convicted car thief who won $1 million at the end of July 2011.Farrell Lavallee won

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Halifax RCMP conclude six-year stolen vehicle/insurance fraud investigation with charges against four people

November 29, 2011 by Canadian Underwriter

Halifax RCMP have identified and charged four individuals following an investigation of an alleged inter-provincial stolen vehicle/insurance fraud scheme.Police say the complex investigation began after police received a complaint about suspicious activity in 2005. The investigation determined the accused were

News Legal

OSFI posts Q&As on legal agreements and other aspects of Reinsurance Security Agreements

November 28, 2011 by Canadian Underwriter

Legal opinions related to Reinsurance Security Agreements (RSAs) may be obtained from inside or outside counsel of a reinsurer or another third party, as opposed to a ceding company’s counsel, according to the Office of the Superintendent of Financial Institutions

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Consolidating two actions can’t lead to consolidated arbitration being statute-barred: Ontario court

November 24, 2011 by Canadian Underwriter

Consolidating a court case concerning income replacement benefits (IRB) with a related arbitration matter on catastrophic injury determination, each of which was filed within their respective limitation periods, cannot result in the consolidated arbitration being statute-barred, the Ontario Superior Court

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Vast majority of Canadian drivers admit to risky driving behaviours: Kanetix survey

November 23, 2011 by Canadian Underwriter

Talking on a mobile phone or texting behind the wheel may be the most recent targets of legislative action in Canada, but plenty of other distractions exist for drivers – including eating and drinking behind the wheel, speeding and following

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B.C. insurance agent banned from accessing ICBC database on privacy breach allegation

November 21, 2011 by Canadian Underwriter

The Insurance Council of B.C. has banned a general insurance agent’s access to the database of B.C.’s public insurer, the Insurance Corporation of B.C. (ICBC), after the council reviewed allegations that the agent had accessed a third-party’s confidential information without

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York police arrest 14 suspects in passport fraud ring linked to staged auto collisions

November 18, 2011 by Canadian Underwriter

York Region police have arrested 14 suspects and laid 145 charges following a three-year investigation into a multi-million dollar fraud ring that allegedly staged auto collisions in the Greater Toronto Area (GTA).Insurance Bureau of Canada (IBC)’s vice president of investigative

News Legal

U.S. subprime settlements averaging $116 million

November 18, 2011 by Canadian Underwriter

Recent settlements in the United States as a result of subprime and credit crisis litigation are averaging $116 million, although only a small number of cases have been settled over the past five years, according to Kevin LaCroix, writing for