Canadian Underwriter

Topic Legal

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News ClaimsCommercialInsurersLegalLiabilityOntario

Splitting costs when ‘other insured’ policy clauses don’t reconcile

July 15, 2022 by David Gambrill

When two insurers offer coverage for the same loss, and each policy states the coverage is in excess of ‘other insurance’ available, both insurers can be expected to split the cost for the insured’s defence and settlement costs, Ontario’s top

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D&O excess policy needs to spell out exceptions from primary policy

July 14, 2022 by David Gambrill

If an excess insurance policy follows the form of a primary policy, and the primary policy offers an option that extends the claims reporting period by a year, the insured is entitled to the same option under the excess policy,

Pathologist doctor holding hammer court as investigation of criminal law cases and civil law cases in some jurisdictions
News B.C.InsurersLegalLiabilityPersonal Auto

Court strikes down cap on costs for auto injury experts

July 13, 2022 by David Gambrill

B.C.’s Supreme Court has struck down as unconstitutional the province’s 6% cap on disbursements for experts in personal injury actions arising from auto accidents – one feature of the Insurance Corporation of B.C.’s attempt to control its auto insurance claims

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News AdjustersClaimsInsurersLegalOntarioPersonal Auto

Inadmissible evidence good enough to access enhanced auto coverage

July 12, 2022 by David Gambrill

Inadmissible hearsay evidence is enough for a driver involved in a collision caused by an unidentified motorist to access the $1 million limit of her auto policy’s OPCF 44R Family Protection Endorsement, an Ontario court has ruled. “There is no

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Class action lawsuit seeks damages for Rogers network outage

July 12, 2022 by Jason Contant

Quebec law firm LPC Avocat Inc. has launched a class action lawsuit alleging misrepresentation, breach of civil liability and negligence in connection with the recent national Rogers outage. In the early morning hours of Friday, July 8, Rogers’ wireless network

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Inflation might not lead to higher claims amounts in Canada

July 8, 2022 by Philip Porado

With overall consumer inflation near 40-year highs, can sharply rising claims costs and social inflation be far behind? It’s too soon to tell, an Aon expert tells Canadian Underwriter. Speculation that consumer price inflation might spark social inflation for casualty

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How the court bolstered an insurer’s exclusion for privacy breach

July 8, 2022 by David Gambrill

Acting recklessly in breaching the confidential medical files of patients effectively falls within a hospital insurer’s commercial policy exclusion for committing an ‘intentional act,’ Ontario’s top court has ruled. The Ontario Court of Appeal found a hospital insurer, the Healthcare

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Why Intact can’t recover $2.9 million in excess insurance payment

July 7, 2022 by David Gambrill

Intact Insurance has lost its bid to recover $2.9 million it paid above and beyond its $5-million insurance policy limit for cleaning up a 2012 chemical spill in North Bay, Ontario. Ontario’s Court of Appeal rejected Intact’s arguments that it

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News BrokersBusiness InterruptionClaimsClaims ProfessionalsCommercialCyberEmerging RisksInsurersLegalLiabilityPropertyRisk ManagersTrusted Advisor

How to advise clients on commercial contract indemnities

July 6, 2022 by Michael Carey

Commercial contracts often contain indemnities, and brokers should be prepared to address issues pertaining to indemnities within those contracts. Some clients may ask what an indemnity is. Simply put, it’s a promise to compensate another person for certain costs and

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U.S. regulator upgrades Tesla Autopilot crash analysis

June 30, 2022 by Philip Porado

A National Highway Traffic Safety Administration (NHTSA) preliminary analysis (PA) into Tesla’s Autopilot system was upgraded to an engineering analysis (EA) earlier this month. The EA will “extend the existing crash analysis, evaluate additional data sets [and] perform vehicle evaluations,”

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Will rocketing consumer prices spark social inflation?

June 24, 2022 by Philip Porado

While consumers are paying close attention to inflation’s impact on their wallets, insurers should be keeping an eye on social inflation – and recognize the two are often linked. “There’s quite a distinction between the impact of what I would

News AlbertaB.C.BrokersInsurersLegal

Don Forgeron to retire from Insurance Bureau of Canada

June 23, 2022 by Alyssa DiSabatino

Don Forgeron will retire as president and CEO of the Insurance Bureau of Canada after a tenure of almost 30 years. He will also retire as a member of the IBC’s board of directors. The search for Forgeron’s successor will