Topic Legal
Liability lurks in positive employee references on social media: Advisen
October 27, 2011 by Canadian UnderwriterAn employer offering an employee a positive recommendation through social media is exposing the employer to potential liability, Advisen warns.In its OneBeacon-sponsored report, Social Media: Employers’ Liability for the Activities of their Employees, Advisen said the potential for a company…
Strata (condo) owners could be subject to proposed new tribunal for resolving strata property disputes
October 26, 2011 by Canadian UnderwriterStrata (condominium) owner-developers could be subject to the jurisdiction of a proposed new tribunal model for dispute resolution in strata properties, according to the B.C.’s Office of Housing and Construction Standards.The province has posted a discussion paper online that outlines…
High rate of claimants in the MIG explained by backlog of arbitrations: plaintiffs’ lawyer
October 25, 2011 by Canadian UnderwriterCurrently, 75% to 80% of auto accident claimants in Ontario are ending up within the Minor Injury Guideline (MIG), but this should be of false comfort to insurers, said Adam Wagman, a lawyer with Howie Sacks & Henry LLP.Wagman represented…
Optional tort option appears likely in Nova Scotia
October 24, 2011 by Canadian UnderwriterAn optional tort product appears likely to be offered in Nova Scotia in the future, according to Ken Meyers, former chair of the Insurance Brokers Association of Nova Scotia (IBANS).“It appears clear now that there will be an optional tort…
Ontario arbitration confirms the need for early clarification of work-related auto accidents
October 24, 2011 by Canadian UnderwriterAdjusters may want to ask a few detailed questions to determine whether a motor vehicle accident occurred over the course of a claimant’s employment, based on a recent arbitration in Ontario.In Andrew Hayward and Royal & SunAlliance Insurance Company of…
CEOs call for improved legislation, ADR and enforcement to fight auto insurance fraud
October 21, 2011 by Canadian UnderwriterStronger legislation, improvements in Alternative Dispute Resolution (ADR) and better enforcement is required to tackle auto insurance fraud, according to members of a CEO panel at the 91st Annual Conference of the Insurance Brokers Association of Ontario (IBAO) in Toronto…
B.C. Appeal Court re-affirms jurisdiction of B.C. Superintendent of Motor Vehicles in driver’s appeal of license suspension
October 19, 2011 by Canadian UnderwriterA suspended B.C. driver wishing to revoke his driving prohibition on the basis that he felt the peace officer’s decision to revoke it was wrong and unreasonable should have taken his matter to court and not to the B.C. Superintendent…
Insurance Council of B.C. suspends broker for 12 months for trying to coerce a consumer into making a false claim to ICBC
October 18, 2011 by Canadian UnderwriterThe Insurance Council of British Columbia has suspended the license of an insurance broker for 12 months after the broker admitted she used her position in the industry to try to coerce a member of the public to make a…
Ontario Court of Appeal says insurer has a duty to defend young male driver and his mother in unusual drink and drive case
October 18, 2011 by Canadian UnderwriterThe Court of Appeal for Ontario says an insurer has a duty to indemnify a young man, Nagraj Singh Tut, who celebrated his 20th birthday party, slept for six to nine hours, woke up, and then was involved in a…
FSCO dismisses insurer’s appeal in AB case related to attempted headstand on party bus stripper pole
October 17, 2011 by Canadian UnderwriterThe Financial Services Commission of Ontario (FSCO) has dismissed The Economical’s appeal of a decision that required the insurer to pay accident benefits to a man catastrophically injured after attempting a headstand on a stripper pole inside a party bus.FSCO…
RIBO warns of alleged fraudulent home and auto insurance scheme
October 14, 2011 by Canadian UnderwriterRegistered Insurance Brokers of Ontario (RIBO), Ontario’s broker regulator, has issued an advisory about an alleged referral program that allows consumers access to a five-year home and auto policy. However, the insurer listed as the provider had no knowledge of…
BC man convicted for setting his car on fire, and claiming it
October 14, 2011 by Canadian UnderwriterA British Columbia man has been convicted of setting his car on fire and then subsequently making a fraudulent insurance claim, ICBC reports.Michael David Garcia contacted Quesnel RCMP in October 2008 to report that his black, newer-model Honda Civic had…