Topic Legal
Ontario Court of Appeal allows cross-claim, despite being beyond limitation period
February 10, 2011 by Canadian UnderwriterA defendant can still file a cross-claim for contribution and indemnity even after the limitation period of the plaintiff naming that individual has expired, Ian Gold, a founding partner of Thomas Gold Pettingill Lawyers, told delegates of the Ontario Insurance…
Best practices help to avoid special arbitration awards when no benefits are in dispute
February 9, 2011 by Canadian UnderwriterA recent Financial Services Commission of Ontario (FSCO) decision – which granted a special award when there were no benefits in dispute – should prompt adjusters to follow a set of best practices to avoid a similar decision in the…
Insurers urged to follow new fuel spill guidelines immediately, ahead of July 2011 start date
February 9, 2011 by Canadian UnderwriterNew regulatory guidelines for handling and cleaning fuel spill sites will come into effect in July 2011, but not following the new standards now could put insurers at risk of residual liability. The new regulations, Soil, Groundwater and Sediment Standards…
RIBO warns of Ontario auto insurance scam
February 8, 2011 by Canadian UnderwriterThe Registered Insurance Brokers of Ontario (RIBO) has received a number of calls regarding consumers caught in an insurance scam. Newspaper ads have been placed in several Ontario city newspapers – most recently in London, Ottawa and Toronto newspapers –…
Pocket bikes are automobiles under Ontario law: FSCO arbitrator
February 3, 2011 by Canadian UnderwriterA gas-powered, miniature motorcycle known as a “pocket bike” is a motor vehicle under Ontario law, according to the Financial Services Commission of Ontario (FSCO).Accident benefits claimant Cassondra Bouchard was injured while riding a Honda CRF 50 Mini Bike owned…
B.C. Supreme Court orders couple to reimburse ICBC for auto fraud
February 1, 2011 by Canadian UnderwriterThe B.C. Supreme Court ordered a Maple Ridge couple to reimburse ICBC more than $100,000 after being convicted of falsely claiming their expensive, leased truck was stolen, ICBC reported. Ronald and Jeannette LeBlanc reported their Chevrolet Super Sport Roadster truck…
B.C. Insurance Council announces new rule for placing coverage with unauthorized insurers
January 31, 2011 by Canadian UnderwriterA new rule outlining procedures that B.C. brokers must follow when placing coverage with an unauthorized insurer will take effect on Feb. 28, 2011. Section 76(1)(c) of the Financial Institutions Act in British Columbia provides a limited exemption from the…
Jody W. Iczkovitz is made partner at Gilbertson Davis Emerson LLP
January 28, 2011 by Canadian UnderwriterJody W. Iczkovitz has been admitted to the partnership of Gilbertson Davis Emerson LLP, a Toronto-based insurance law firm. Iczkovitz articled with the firm in 2006-07 and joined it as an associate upon his call to the Bar in 2007.…
Canadian insurance regulators post information about foreign insurers withdrawing from Canada
January 28, 2011 by Canadian UnderwriterThe Canadian Council of Insurance Regulators (CCIR) has posted a document on its Web site outlining a number of issues that must be addressed when foreign insurers wish either to withdraw from Canada or withdraw assets vested in trust in…
Ontario health care providers to send claims forms through HCAI, not insurers, as of Feb. 1, 2011
January 27, 2011 by Canadian UnderwriterOntario health care providers will be required to submit Ontario Claims Forms 18, 23 and most 21s directly to Health Claims for Auto Insurance (HCAI), an electronic system for transmitting insurance forms, instead of to insurers, effective Feb. 1, 2011.“To…
B.C. drivers feel safer after distracted driving law takes effect, but many still flouting the law: BCAA survey
January 27, 2011 by Canadian UnderwriterBritish Columbia’s drivers claim they are more alert and the roads are safer because of the province’s distracted driver law, now in effect for a year, according to a new survey by the B.C. Automobile Association (BCAA).But an alarming number…
Rare beetle collection covered under condo comprehensive policy
January 25, 2011 by Canadian UnderwriterA rare collection of beetles is covered under a “condominium comprehensive” policy, the Court of Quebec found in 2009, prompting McMillan LLP lawyer Hartley Lefton to caution brokers and clients to review their condo insurance carefully.In a January 2010 article…