Topic Legal
Ontario court considers whether a judge or jury should hear cases involving multi-accident scenarios
January 22, 2010 by Canadian UnderwriterIs a jury capable of assessing damages in cases involving multi-accident scenarios, overlapping injuries and complicated medical evidence? The Ontario Superior Court was asked to consider the question in Hossny v. Belair Insurance, a complicated case in which an insured…
Extended warranty is not “insurance:” Alberta court
January 21, 2010 by Canadian UnderwriterAn extended warranty is not an insurance contract, the Court of Queen’s Bench of Alberta has decided.“In my view, the distinction between a warranty and insurance is that a warranty covers the risk that the covered product will fail due…
Gen Re pays $12.2 million to settle SEC charges related to 2000-02 finite reinsurance deals
January 20, 2010 by Canadian UnderwriterGeneral Re Corporation has agreed to pay $12.2 million to settle charges by the Securities Exchange Commission (SEC) related to separate schemes by American International Group (AIG) and Prudential Financial, Inc. to manipulate and falsify reported financial results in 2000-02.According…
Ontario auto reforms need to clarify an ‘incurred cost’: defence lawyer
January 15, 2010 by Canadian UnderwriterThere is a need to provide a clear definition for the word “incurred” under Ontario’s Statutory Accident Benefits Scheme (SABS), said Philippa Samworth, a partner at Dutton Brock LLP.Typically, “incurred” is interpreted to mean that a person has paid for…
Proposed changes to Ontario medical and rehab benefits potentially “problematic” for brokers
January 15, 2010 by Canadian UnderwriterThe proposal to decrease Ontario’s medical and rehab benefit from $100,000 to $50,000, including an option to purchase higher limits, will place a huge onus on brokers and expose them to an increased risk of litigation, said Philippa Samworth, a…
Third time not a charm when disclosing limitation periods in Alberta: Insurance industry
January 11, 2010 by Canadian UnderwriterInsurers generally agree with the Alberta insurance regulator that disclosure of limitation periods to litigate a claim should be “transparent” and “fair,” but a general industry consensus has evolved that requiring an insurance company to notify a claimant about the…
Part XIII amendments not likely to change the amount of “unlicensed” insurance in Ontario: RIBO
January 7, 2010 by Canadian UnderwriterContrary to its initial expectations, Registered Insurance Brokers of Ontario (RIBO), the self-regulating body of Ontario’s insurance brokers, says the Part XIII amendments to the federal Insurance Companies Act (ICA) will not likely change the amount of “unlicensed” insurance written…
Ontario’s new Rules of Civil Procedure apply to motions filed before Jan. 1, 2010
January 6, 2010 by Canadian UnderwriterA motion for summary judgement filed in 2009, but that will not be heard until 2010, is subject to the new Rules of Civil Procedure that came into effect as of Jan. 1, 2010, Ontario’s Superior Court of Justice has…
New Brunswick mulls a ban on hand-held cell phones while driving
January 5, 2010 by Canadian UnderwriterNew Brunswick, one of only two provinces (in addition to Alberta) to allow the use of handheld devices while driving, is considering a ban on such use, cbc.ca reports.New Brunswick Public Safety Minister John Foran told cbc.ca that while the…
Top 5 Frauds for 2009: MPI
January 4, 2010 by Canadian UnderwriterManitoba Public Insurance (MPI)’s special investigations unit (SIU) has recovered nearly $30 million over the last three years in undeserved benefits and denied fraudulent claims. Roughly 3,000 suspicious claims were reviewed in 2009. Five of those made MPI’s 2009 list…
Supreme Court creates new defence for defamation: will it change a company’s exposure to reputational risk?
December 23, 2009 by Canadian UnderwriterCorporate risk managers may wish to review their reputational risk in light of a new defence that protects publishers from defamation so long as their communications are found to be responsible and relate to matters of public interest.“Freewheeling debate on…
IMAX decision in Ontario lowers threshold for proceeding with a civil action for secondary market liability
December 21, 2009 by Canadian UnderwriterOntario’s Superior Court in IMAX has established a “relatively low” threshold to be met by plaintiffs seeking leave to proceed with a civil action for secondary market liability, according to Ogilvy Renault.The decision provides the first judicial interpretation of leave…