Topic Legal
ICBC fails to prove identity of hit-and-run driver, forced to assume liability
May 20, 2010 by Canadian UnderwriterThe Insurance Corporation of British Columbia (ICBC) has been ordered by B.C.’s provincial court to assume the liability of a hit-and-run accident when an investigation failed to determine the identity of the driver.In Spitman v ICBC, Jen Spitman was at…
Saskatchewan regulates sale of incidental insurance
May 17, 2010 by Canadian UnderwriterSaskatchewan has passed a new set of regulations targeting the sale of incidental insurance by unlicensed insurance agents. The Saskatchewan Insurance Act Amendment Regulations 2010 specify types of business entities allowed to be licensed to sell insurance through unlicensed employees,…
“Scope for more flat-fee arrangements” with lawyers handling claims: procurement manager
May 14, 2010 by Canadian UnderwriterAlthough 95-98% of insurers’ legal bills for handling claims files still follow a billable-hours fee structure, “there is scope for more flat-fee arrangements,” Lori Brazier, claims procurement manager for Aviva Canada, told a seminar at the CIP Society Symposium 2010…
Insurer successfully proves arson as the cause of a car fire
May 14, 2010 by Canadian UnderwriterThe Ontario Superior Court of Justice has dismissed a claim for damages resulting from a vehicular fire, determining instead that arson caused the fire.In Salihi v TD General Insurance Company, Najib Ullah Salihi attempted to sue his auto insurer for…
DAS Canada receives Letters Patent as Canada’s newest insurance company, to specialize in legal expense insurance
May 14, 2010 by Canadian UnderwriterCanada’s Minister of Finance has issued Letters Patent to DAS Legal Protection Insurance Company Limited (DAS Canada), making it the first insurer in the country to specialize in offering legal expense insurance. The company will provide customers with policies that…
Kingsway makes a 2010 Q1 profit; reports feud with Lincoln’s run-off manager
May 14, 2010 by Canadian UnderwriterKingsway Financial Services Inc. has reported a $24.1-million profit for 2010 Q1, despite sustaining a $29.5-million underwriting loss in the same quarter.Also, Kingsway has reported a new obstacle related to its run-off of Lincoln General, namely a dispute with the…
Comer v. Pilot illustrates challenges that insurers face in proving fraud
May 13, 2010 by Canadian UnderwriterCary Comer v. Pilot Insurance Company demonstrates the challenges insurers face when trying a suspected fraud claim, Richard Bickford told delegates at the ISB-U Education Series. Combat Auto Fraud, an ISB education training and resources session, was held May 12…
Recovery rate for stolen vehicles drastically reduced, suggesting organized crime involvement: OPP
May 13, 2010 by Canadian UnderwriterOntario Provincial Police jurisdictions currently have a recovery rate of about 50% for stolen vehicles, compared to a 90% recovery rate in 1990. The figures were presented by Stephen Boyd, detective sergeant and program manager for the provincial auto theft…
Insurance agent nominee has duty to end unethical practices of employer(s): B.C. Insurance Council
May 12, 2010 by Canadian UnderwriterA Level 3 general insurance agent nominee must do more than simply report regulatory concerns to her employers (the principals of the brokerage), especially when the concerns include the conduct of the principals, the Insurance Council of B.C. has ruled.Raghbir…
Amendments to B.C. Insurance Act would mandate use of alternative dispute resolution
May 11, 2010 by Canadian UnderwriterProposed amendments to British Columbia’s Insurance Act include the requirement that alternative dispute resolution (ADR) be the first step in resolving insurance disputes.The amendment is intended to reduce the number of insurance disputes that end up in litigation, said the…
New Brunswick plays game of wait-and-see with Nova Scotia’s new minor injury cap
May 11, 2010 by Canadian UnderwriterNew Brunswick is keeping an eye on the outcome of Nova Scotia’s recent decision to triple its minor injury damages cap from $2,500 to $7,500, according to a report by the Times & Transcript, based in Moncton, New Brunswick.New Brunswick…
B.C. solicitor general considers making driving records public
May 10, 2010 by Canadian UnderwriterBritish Columbia’s solicitor general is mulling over the idea of making driving records — including impaired driving infractions — public, reports the Times Colonist.Mike de Jong, B.C.’s solicitor general, told the Times Colonist he would consider setting up a system…