Topic Legal
Saskatchewan brokers, agents, adjusters to provide proof of new minimum E&O limits in November 2010
September 13, 2010 by Canadian UnderwriterSaskatchewan insurance agents, brokers and adjusters will be required as of Nov. 1, 2010 to provide their provincial regulator with a copy of new minimum errors and omissions (E&O) limits when filing their annual reporting forms.Effective August 2010, the Insurance…
Gilbertson Davis Emerson LLP bolsters insurance defence team
September 3, 2010 by Canadian UnderwriterGilbertson Davis Emerson LLP has recruited accident benefits and insurance defence counsel Joan Takahashi to its team of insurance lawyers.Takahashi previously practiced with a large firm in Toronto and nearly 20 years of insurance defence experience. She also spent more…
Vast majority of Ontario drivers lack knowledge of reforms: RSA Canada
August 30, 2010 by Canadian UnderwriterNearly 70% of Ontario drivers do not understand the impending auto insurance reforms or how the reforms will affect their auto insurance coverage, according to a survey commissioned by RSA Canada.Leger Marketing was commissioned to conduct the RSA Canada Automobile…
“Formal application” for accident benefits not necessary: Ontario Court of Appeal
August 27, 2010 by Canadian UnderwriterIf a claimant has not submitted an OCF-1 form (Application for Accident Benefits) to an insurer, it does not automatically disqualify them from being considered to have provided a completed application for accident benefits, Ontario’s Court of Appeal ruled. Four…
NB’s minor injury cap should be adjusted for inflation: Progressive Conservatives
August 26, 2010 by Canadian UnderwriterShould New Brunswick elect a Progressive Conservative government in the coming provincial election, the Insurance Bureau of Canada (IBC) will work with the newly elected government should it fulfill its election promise to review the province’s minor injury cap. IBC…
MPI files suit against “chronic” teenage car thieves
August 24, 2010 by Canadian UnderwriterManitoba Public Insurance has filed a lawsuit against a pair of teenage “chronic” car thieves, dubbed ‘Bonnie and Clyde’ by some local justice officials and media.The suit is a $53,000 statement of claim against a 16-year-old girl and an 18-year-old…
Crown must draw clear link between licence suspension order and offence: Ontario Court of Appeal
August 19, 2010 by Canadian UnderwriterThe Ontario Court of Appeal has overturned a conviction of driving while disqualified because the Crown failed to link a licence suspension order with the offence that resulted in the suspension.In March 2005, David Suho Chuang was convicted of dangerous…
Should alcohol interlocks be mandatory when their implementation is problematic?
August 17, 2010 by Canadian UnderwriterThe trend of making mandatory the use of alcohol interlocks for first-offender intoxicated drivers is emerging in Canadian and U.S. jurisdictions, but the trend is challenged by often-ineffective implementation, according to the Traffic and Injury Research Foundation.In its report The…
Auto insurance fraud ring in Manitoba draws organized crime charges
August 16, 2010 by Canadian UnderwriterWinnipeg police have laid criminal organization charges as part of its ongoing investigation into an auto insurance fraud ring.According to the Winnipeg Sun, this is the first time an auto insurance fraud investigation is believed to have resulted in organized…
B.C. Supreme Court awards lawyer about $6 million for future loss of income after nightclub fall
August 11, 2010 by Canadian UnderwriterThe B.C. Supreme Court has awarded almost $6 million to a woman who suffered a mild brain injury during a fall on the dance floor of a nightclub.Michelle Danicek is a lawyer who was involved in two separate incidents –…
AMF investigates ex-insurance broker’s role in $1.4-million Ponzi scheme
August 6, 2010 by Canadian UnderwriterQuebec’s securities regulator, the Autorité des marchés financiers (AMF), has blocked the accounts and companies of a former insurance broker as part of its investigation into an alleged $1.4-million Ponzi scheme.Acting on the authority of an administrative tribunal, the Bureau…
Ontario regulator says new Minor Injury Guideline must apply to at least 55% of minor injuries for auto insurers to turn a profit
July 29, 2010 by Canadian UnderwriterOntario’s insurance regulator has told industry defence counsel that 55% to 65% of all non-catastrophic, minor injury claims would need to fall within the province’s new Minor Injury Guideline (MIG) in order for auto insurers to turn a profit.Due to…