Topic Legal
Alberta cops lay more than 400 charges over long weekend related to driving without valid insurance or driver’s license
April 28, 2011 by Canadian UnderwriterAlberta Sheriffs and RCMP laid 4,191 charges across the province over the Easter long weekend, including 406 non-hazardous violations for driving without insurance or with suspended driver licenses.About 83% of the total number of charges were speeding violations. Twenty-eight were…
Ontario auto reforms have yet to meet expectation of a simplified claims process for insurers: CEO
April 26, 2011 by Canadian UnderwriterOntario’s auto reforms have followed insurers’ expectations in many respects, but that doesn’t appear to include a simplified, less expensive process for insurers.Speaking at the Insurance Bureau of Canada (IBC)’s Financial Affairs Symposium on Apr. 21, Aviva Canada president and…
Nova Scotia court grants motion to determine insurance coverage issue, although facts remain in dispute
April 21, 2011 by Canadian UnderwriterUsing a new procedural rule designed to expedite proceedings, the Supreme Court of Nova Scotia has allowed an insurance case to proceed to determine “a question of law” – i.e. whether an insurance policy coverage limit was $400,000 or $19…
Ontario Bar Association bestows its Award for Excellence in Insurance Law
April 21, 2011 by Canadian UnderwriterThe Ontario Bar Association will award James Simmons and Paul Lee with its 2011 OBA Award for Excellence in Insurance Law.Toronto-based Lee is the founder of Paul Lee & Associates, a boutique civil litigation firm. He was called to the…
Medical exams to determine catastrophic injuries are not “a mere repeat” of previous exams for IRBs: Ontario arbitrator
April 20, 2011 by Canadian UnderwriterIn-person medical examinations to determine catastrophic impairment are not the same as in-person medical assessments to determine entitlements to income replacement benefits (IRBs), an Ontario arbitrator has found.The Financial Services Commission of Ontario (FSCO) made the ruling in Meghan Innes…
LawPro announces three new appointments
April 20, 2011 by Canadian UnderwriterSimon Bernstein has joined the underwriting and customer service department of LawPro as assistant vice president of underwriting. Bernstein brings extensive experience as a practising lawyer and in the insurance sector, including risk assessment, loss control and claims management. Gerry…
Toronto drivers increasingly charged for driving without insurance: CTV report
April 19, 2011 by Canadian UnderwriterToronto drivers are increasingly being charged for driving without insurance, according to Toronto Police Services statistics cited in a CTV report.According to CTV, the number of Toronto drivers charged annually for operating a motor vehicle without insurance is as follows:•2009:…
Saskatchewan, Manitoba look into ceasing no fault accident benefits for thieves injured while driving stolen vehicles
April 18, 2011 by Canadian UnderwriterThe Canadian Taxpayers Federation (CTF) is calling on Saskatchewan’s government to follow the stated intentions of the Manitoba government to stop paying no fault accident benefits to car thieves injured while driving stolen vehicles.In a press release on Apr. 15,…
FSCO’s expert panel says ‘no’ to combining physical and psychological in catastrophic impairment designations
April 15, 2011 by Canadian UnderwriterPhysical and psychological impairments should not be combined for the purpose of catastrophic determination, according to an expert panel appointed by the Financial Services Commission of Ontario (FSCO) to draft a new definition of catastrophic impairment.The FSCO panel released its…
Adjuster’s alleged comment about “no need to sue” for payment of a vehicle loss at issue in limitations case
April 12, 2011 by Canadian UnderwriterAn adjuster’s alleged comment leading an insured to believe there was “no need to sue” an insurer for payment of a vehicle loss may be a legitimate defence against an expired limitation period, and is thus a genuine issue for…
Ontario health practitioners racing to the SABS $3,500 finish line: adjuster
April 11, 2011 by Canadian UnderwriterMultiple submissions for medical and rehabilitation assessments and treatment under the Statutory Accident Benefits Schedule (SABS) are creating difficulty for adjusters in determining which submission gets priority in payment, said Laurie Walker, McLarens Canada’s director of Ontario auto accident benefits.The…
Brokers cannot rely solely on mandatory mailings related to Ontario auto reforms: lawyer
April 11, 2011 by Canadian UnderwriterBrokers relying solely on the mandatory mailings explaining the new optional benefits scheme in Ontario’s auto insurance regime may find themselves liable, cautioned Stephen R. Moore of Blaney McMurtry LLP.Moore spoke during the Canadian Defence Lawyers Accident Benefits Conference in…