Topic Legal
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…
Claims adjusters can leverage insurers’ ability to pay to take control of environmental clean-ups
October 16, 2009 by Canadian UnderwriterInsurance claims adjusters can leverage their expert knowledge, as well as their insurance companies’ ability to pay for large-scale clean-up operations, to exert control over complicated environmental damage claims that typically span multiple jurisdictions.Panelists John Cherrie of Cherrie Griffith Professional…
B.C. privacy commissioner finds three more instances of jury checking by ICBC
October 15, 2009 by Canadian UnderwriterAn audit by B.C.’s Office of the Information and Privacy Commissioner identified six occasions on which driving and claims information of jurors was accessed and in some of those cases, was disclosed to outside defence counsel representing ICBC.In May 2009,…
Credit crisis no longer chief source of securities litigation: Advisen Ltd.
October 15, 2009 by Canadian UnderwriterThe credit crisis is no longer the chief source of securities litigation in the United States, a recent report from Advisen says.“The third quarter [of 2009] saw a robust 169 new securities lawsuits filed, but the credit crisis is no…
Ontario-Quebec trade agreement calls for harmonizing approaches to insurance regulation
October 14, 2009 by Canadian UnderwriterAn inter-provincial trade agreement, the Ontario-Quebec Trade and Cooperation Agreement, has come into force as of Oct. 1, and already some are calling for it to be more like the Trade, Investment and Labour Mobility Agreement (TILMA) between B.C. and…