Topic Legal
Business interruption claims a key exposure in ammonia contamination incidents
October 14, 2011 by Canadian UnderwriterUnderwriters need to be careful about writing insurance policy sublimits for food contaminated by ammonia, as the door can be opened for business interruption claims and other physical damage related to ammonia contamination.Larry Gordon of Travelers in the United States…
Nova Scotia approaching a record for fewest highway deaths in a year
October 12, 2011 by Canadian UnderwriterNova Scotia is tracking toward the fewest highway deaths the province has had since record-keeping started in 1948, according to thechronicleherald.caAs of the end of September 2011, 51 people had died on Nova Scotia’s roads, four fewer than during the…
It’s official: Banks now banned from promoting non-authorized insurance on their Web sites
October 12, 2011 by Canadian UnderwriterCanada’s new regulations prohibiting banks from promoting unauthorized insurance products and services on their Web sites are now official.The regulations came into force with very few amendments to the pre-published draft of regulations posted for public comment on Feb. 12,…
B.C. Appeal Court upholds order against insurer to defend District of Saanich in personal injury claim related to an errant lacrosse ball
October 11, 2011 by Canadian UnderwriterB.C.’s Court of Appeal has upheld a lower court order that requires Aviva Insurance Company of Canada to defend the Corporation of the District of Saanich in a personal injury liability case involving two named insured lacrosse associations.A man identified…
Manitoba drivers no longer obligated to report minor fender-benders to police
October 11, 2011 by Canadian UnderwriterManitoba motorists are no longer required to report collisions involving property damage to police, except under certain circumstances including serious injury or death.Manitoba Attorney General Andrew Swan, minister responsible for Manitoba Public Insurance (MPI), said the changes to the province’s…
Ontario arbitrator finds injured trucker eligible for AB, despite his mistaken election of WSIB benefits in confusion following tribunal decision
October 7, 2011 by Canadian UnderwriterA trucker seriously injured in an accident is entitled to accident benefits, even though he elected to receive Workplace Safety and Insurance Board (WSIB) benefits in confusion after the Workplace Safety and Insurance Appeals Tribunal (WSIAT) barred most of his…
Ontario court upholds insurer’s motion to try tort and AB actions related to the same vehicle accident together
October 5, 2011 by Canadian UnderwriterThe Ontario Superior Court has upheld an insurer’s request to have a plaintiff’s tort action and accident benefits action – both of which relate to injuries allegedly sustained in a single motor vehicle accident – tried together.The plaintiff appealed the…
RIBO reminds brokers to use proper names in social media
October 5, 2011 by Canadian UnderwriterThe Registered Insurance Brokers of Ontario (RIBO) is reminding brokers that the name or identity they use to market themselves or their business on social media sites must match the registered name of the individual broker or the business being…
IBC proposes its voluntary code on credit scoring as the basis for future regulatory framework
September 30, 2011 by Canadian UnderwriterInsurance Bureau of Canada (IBC) is holding up its voluntary Code of Conduct for Insurers’ Use of Credit Information as the basis for some kind of regulatory framework on credit scoring.Such a regulatory framework would be an alternative to banning…
B.C. brokers maintain call for ban on credit scoring; alternative would be to regulate based on U.S. model
September 30, 2011 by Canadian UnderwriterThe Insurance Brokers Association of B.C. (IBABC) maintained its support of a ban against credit scoring in a submission to the Canadian Council of Insurance Regulators (CCIR).But if credit scoring is to be allowed, the regulatory framework should follow that…
Insurers leaving “hundreds of millions” on the table by not pursuing subrogation claims
September 29, 2011 by Canadian UnderwriterInsurers need to consider potential indemnity and not just costs in deciding whether to pursue subrogation claims, according to panelists at the National Insurance Conference of Canada (NICC).Subrogation is a term used when an insurer tries to recover costs it…
Class action lawsuit certifications on the rise
September 28, 2011 by Canadian UnderwriterCertification of class action lawsuits is on the increase, raising tactical questions about whether defendant insurers should even bother fighting certification, or simply fight the good fight at trial. Laura Cooper, partner at Fasken Martineau, discussed class action statistics and…