Topic Legal
Saskatchewan’s RID program encourages reporting of impaired drivers
June 28, 2010 by Canadian UnderwriterSaskatchewan’s new Report Impaired Drivers (RID) program has resulted in Saskatoon Police Services laying 45 impaired driving charges, according to Saskatchewan’s government insurer. The program was launched in March 2010. Since then, police have responded to close to 750 calls…
Ontario Court of Appeal reinstates statute-barred auto injury claim
June 24, 2010 by Canadian UnderwriterThe Ontario Court of Appeal has breathed new life into an auto injury claim that was defeated in a summary judgment because it was filed 14 months after the limitations period had expired.The Appeal Court reinstated the action on the…
Manitoba man pays steep price for attempted $240 insurance fraud
June 23, 2010 by Canadian UnderwriterA Winnipeg man was sentenced to 15 months’ probation, perform 120 community service hours within one year, pay full restitution and write a letter of apology to Manitoba Public Insurance (MPI)’s CEO for attempting to commit a $240 insurance fraud.Brent…
Pharmaceutical companies facing liability for products found in water supplies: Marsh
June 22, 2010 by Canadian UnderwriterPharmaceutical companies are facing an evolving risk of liability for pharmaceuticals and personal care products (PPCP) found in ground and drinking water supplies, according to Marsh. PPCPs include antibiotics, anti-convulsants, mood stabilizers, stimulants and antihistamines.“Liability will likely rest primarily with…
Blouin Dunn LLP hires Derek Ballard
June 22, 2010 by Canadian UnderwriterDerek Ballard has joined Blouin Dunn LLP as of June 15. Ballard obtained his law degree at the University of Manitoba in 2002 and was called to the Ontario Bar in 2003. Since his call, Ballard has practiced in many…
Summary judgement motion not considered a “mini-trial”: Ontario Superior Court
June 21, 2010 by Canadian UnderwriterA motion for summary judgement to dismiss a liability case does not constitute a “mini-trial” and split a case so that it becomes a trial within a trial, the Ontario Superior Court ruled under the new Rules for Civil Procedure.In…
Banks shifting terrain, now promoting insurance on mobile devices: IBAC
June 18, 2010 by Canadian UnderwriterHaving secured Finance Minister Jim Flaherty’s commitment to prevent banks from selling unauthorized insurance on their Web sites, the Insurance Brokers Association of Canada (IBAC) is concerned that banks have already responded by trying to promote insurance on consumer’s cell…
A finding of fraud not needed to determine claimant was not involved in an accident: FSCO
June 18, 2010 by Canadian UnderwriterA claimant does not have to be found to have engaged in fraud in order for a Financial Services Commission (FSCO) arbitrator to determine that the claimant lied about being in an automobile accident.In Azimi v Economical Mutual Insurance Company,…
Auto injuries pending surgery still count against catastrophic impairment rating: FSCO
June 16, 2010 by Canadian UnderwriterAuto injuries pending surgery – and which are therefore not “stable” – still count for the purpose of determining catastrophic impairments, according to a Financial Services Commission of Ontario (FSCO) arbitrator.In Sonia Bains and RBC General Insurance Company, Bains sought…
Ontario lawyers face largest number of E&O claims since a decade ago: LawPro
June 11, 2010 by Canadian UnderwriterOntario lawyers in 2009 faced the largest number of errors and omissions (E&O) claims since 1995, according to the Lawyers’ Professional Indemnity Company (LawPro).The province’s lawyers had their base premiums hiked by $500 in 2010 – up to $2,950 per…
9-11 emergency workers to receive enhanced insurance settlement
June 11, 2010 by Canadian UnderwriterThe WTC Captive Insurance Company and lawyers for about 10,000 rescue and recovery workers who suffered injuries or died while working at ‘Ground Zero’ when the World Trade Centre towers collapsed in New York on Sept. 11, 2001 have agreed…
U.S. energy insurance market could not afford proposed $10-billion liability limit, insurers tell Congress
June 10, 2010 by Canadian UnderwriterEnergy insurers and reinsurers would not be able to provide the capacity required under the proposed $10-billion legal liability limits in the United States, the U.S. Insurance Information Institute (III) testified before Congress.Currently the legal liability under the Oil Pollution…