Topic Legal
Courts hold lower threshold for price-fixing class action certification
November 16, 2009 by Canadian UnderwriterTwo recent decisions in Ontario and British Columbia certifying class actions alleging price fixing indicate that the courts in Canada may be adopting a new approach to these types of claims, potentially opening the door to more litigation in this…
Subrogation in fire cases
November 13, 2009 by Canadian UnderwriterThe evidence of what causes a fire is generally consumed in the fire, Richard Lindsay, founding partner of Lindsay Kenney LLP in British Columbia, said. This makes subrogation a little different in a fire-related case, he told delegates attending the…
Privacy Commissioner’s authority questioned by insurer, private investigators
November 11, 2009 by Canadian UnderwriterInsurers and private investigators are challenging the authority of the Office of the Privacy Commissioner (OPC) to intervene in claims investigations.The insurance industry yielded 17% of the complaints lodged in 2008 under the Personal Information Protection and Electronic Documents Act…
B.C. Insurance Council concerned about confidentiality breaches
November 10, 2009 by Canadian UnderwriterThe Insurance Council of British Columbia, which licenses and regulates the province’s insurance agents, salespersons and adjusters, says it is concerned about the number of breaches in confidentiality it has encountered over the last 12 to 18 months.“Licensees handle and…
Hope fading for exemption to federal privacy legislation related to insurance investigations
October 30, 2009 by Canadian UnderwriterFor insurance defence counsel, hope is receding that federal privacy legislation related to insurance investigations and surveillance will be aligned in the future with the comparatively more straightforward provincial privacy legislation found in B.C. and Alberta.John Beardwood, partner in Fasken…
ICBC to appeal Cdn$12.5-million jury award
October 30, 2009 by Canadian UnderwriterThe Insurance Corporation of British Columbia (ICBC) is appealing a B.C. Supreme Court decision to award a woman Cdn$12.5 million in damages, an ICBC representative has told Canadian Underwriter.After a five-day trial, a jury awarded the insured Cdn$6.5 million in…
Insurer’s suspicion of potential litigation not enough to allow plaintiff to pierce insurer’s solicitor-client privilege: Ontario court
October 27, 2009 by Canadian UnderwriterAn insurer’s suspicion about the potential for litigation is not enough of a reason to grant plaintiffs access to insurer documents subject to solicitor-client privilege, the Ontario Superior Court has ruled.In Kavanagh v. Peel Mutual Insurance Company, the court upheld…
Court upholds denial of claim for abandoned possessions
October 27, 2009 by Canadian UnderwriterThe Ontario Superior Court has upheld the insurer’s denial of a claim for allegedly stolen possessions that were moved into storage after a plaintiff abandoned his home.In Harris v. Home Trust Company, Steven Harris entered into a policy with Meloche…
Only a matter of time before Nova Scotia cap is scrapped, premier suggests to brokers
October 22, 2009 by Canadian UnderwriterNova Scotia’s Cdn$2,500 cap on claims payments for minor auto injuries will be scrapped, it’s just a matter of when, the province’s new premier has suggested to the Independent Broker Association of Nova Scotia (IBANS).Nova Scotia Premier Darrell Dexter, a…
Members not supporting IBAO’s call for ban on credit scoring should “get in the game”: IBAO president
October 22, 2009 by Canadian UnderwriterMembers of the Insurance Brokers Association of Ontario (IBAO) who do not support the association’s call for an “outright ban” on credit scoring need to “get in the game,” IBAO president Peter Blodgett said in a speech made at the…
What’s New: In Brief (October 19, 2009)
October 19, 2009 by Canadian UnderwriterCraig Brown, a professor at the University of Western Ontario’s Faculty of Law, has joined Toronto’s Thomas Gold Pettingill LLP as counsel in the areas of insurance policy interpretation and tort law.Brown has written four books on insurance law. He…
Climate change exclusions likely to be written into commercial general and excess liability policies
October 16, 2009 by Canadian UnderwriterRisks related to climate change are so expansive as to be uninsurable, and therefore it is likely climate change exclusions will be written into general commercial and excess liability insurance policies in the near future, predicts Rodney Taylor, managing director…