Topic Legal
Claimant diagnosed with “borderline personality disorder” allowed to represent herself in accident benefits arbitration
February 12, 2010 by Canadian UnderwriterShould a woman diagnosed with a borderline personality disorder be allowed to represent herself in an arbitration concerning auto insurance accident benefits?Yes, the Financial Services Commission of Ontario (FSCO) has ruled.In L.G. and Lombard General Insurance Company of Canada, FSCO…
Class action suit seeks to have Toyota cover vehicle payments until repair is made
February 12, 2010 by Canadian UnderwriterA U.S. national class action lawsuit against Toyota Motor Corp. has been filed under the federal racketeering statute.Stanley M. Chesley of the Cincinnati-based law firm of Waite, Schneider, Bayless & Chesley Co. filed the suit in the U.S. District Court…
Dyoll Insurance Company liquidators sue Aon Benfield Canada ULC in Supreme Court of Jamaica
February 9, 2010 by Canadian UnderwriterThe Joint Liquidators (JLs) of Dyoll Insurance Company Limited have commenced proceedings in the Supreme Court of Jamaica against Aon Benfield Canada ULC (formerly known as Aon Re Canada Inc.), seeking damages amounting to roughly US$19.9 million.In a Jan. 27,…
B.C. Insurance Council proposes new unauthorized insurer rule
February 5, 2010 by Canadian UnderwriterThe Insurance Council of British Columbia is proposing a new ‘Unauthorized Insurer Rule’ that requires licensed insurers or agents to inform the council in writing if they are conducting insurance transactions under an existing exemption for doing business with unauthorized…
Ontario arbitration case may have widened definition of ‘catastrophic impairment’
February 4, 2010 by Canadian UnderwriterOntario’s definition of a “catastrophic impairment” may have widened as a result of a recent decision by the Financial Services Commission of Ontario, lawyers are saying about the case of Aviva and Pastore.In Aviva and Pastore, a FSCO director delegate…
Uncertain legal status for a new method of calculating income loss after breadwinner’s death: lawyer
February 4, 2010 by Canadian UnderwriterA newer method of calculating loss of income in the event of a breadwinner’s death could save defense costs, said Jamie Dunn, partner at Blouin Dunn LLP.The method is used in situations in which both spouses or partners are breadwinners…
Changes to Rules of Civil Procedure create new opportunity for AB litigation
February 3, 2010 by Canadian UnderwriterMore accident benefits (AB) claimants will likely find themselves in small claims court as a result of the Jan. 1, 2010 changes to Rules of Civil Procedure, said Kadey Shultz, an associate at Hughes Amys, LLP.Shultz spoke on recent decisions…
Claims industry at odds with Privacy Commissioner over masking of third parties in surveillance video
February 2, 2010 by Canadian UnderwriterA recent guideline issued by the Office of the Privacy Commissioner of Canada states that third parties must be blurred out in surveillance footage. The OPC published guidelines on covert surveillance in the private sector in May of 2008. By…
CSA reports decrease in enforcement activities for 2009
February 2, 2010 by Canadian UnderwriterCanadian Securities Administrators (CSA) commenced 124 securities proceedings in 2009, marking a decrease from the 171 proceedings commenced in 2008, according to the CSA’s 2009 Enforcement Report.The 124 matters were commenced against a total of 154 individuals and 112 companies.The…
No requirement for policyholder to sue insured, potentially liable third parties before resorting to uninsured coverage
January 29, 2010 by Canadian UnderwriterAn insurance company has been found liable to pay a policyholder injured in an auto collision under the uninsured provisions of the policy, even though the policyholder failed to sue potentially negligent and/or liable insured third parties. The Supreme Court…
Ban on hand-held devices while driving fails to reduce risk of crash: HLDI
January 29, 2010 by Canadian UnderwriterBans on hand-held devices while driving fail to reduce crashes, a new Highway Loss Data Institute (HLDI) study found.The HLDI is an affiliate of the Insurance Institute for Highway Safety (IIHS). It calculated monthly collision claims per 100 insured vehicle…
Cell phone ban while driving exposes employers to vicarious liability
January 26, 2010 by Canadian UnderwriterEmployers might be held vicariously liable if they permit employees to use hand-held devices while driving, warns Zurich North America.This could include operating a company-owned cell phone or mobile device while driving.As the banning of such devices grows more common…