Topic Legal
Will bigger vehicles lead to bigger claims?
February 23, 2024 by Philip PoradoWith accident rates climbing, one growing area of concern is that vehicles are becoming much larger. For example, rapid changes in vehicle specs mean full-size SUVs from 1999 would today meet the gearhead moniker of ‘Cute Ute.’ With sport utility…
Sports insurers urged to consider video review
February 22, 2024 by David GambrillA legal firm urges sports insurers to require their sports association clients to install cameras to record the action, following the B.C. Court of Appeal’s January 2024 decision in Cox v. Miller. In Cox v Miller, the court found Karl…
FSRA’s first non-auto P&C supervision plan to include review of MGAs
February 22, 2024 by Alyssa DiSabatinoOntario’s insurance regulator is launching a review of P&C insurers’ managing general agent (MGA) outsourcing practices as part of its first non-auto P&C supervisory plan. “Given the risks and oversight concerns involved, insurer outsourcing to P&C MGAs is a priority…
Brokers needn’t advise new Canadians to obtain a provincial driver’s licence
February 20, 2024 by David GambrillInsurance brokers in B.C. aren’t required to advise clients new to Canada that they must apply for a provincial driver’s licence within 90 days of residency in the province, B.C.’s Civil Rules Tribunal has ruled. “I find that the duty…
Why D&O price cuts may not be justified
February 15, 2024 by David GambrillSofter market conditions reported in some professional liability lines are premature and unjustified, a global reinsurer told September’s National Insurance Conference of Canada (NICC) in Montreal. The NICC reinsurance panel followed a presentation on the global economy by Swiss Re’s…
Canada’s P&C professionals sound off on auto reform
February 14, 2024 by David GambrillAlmost 70% of Canadian property and casualty insurance professionals describe the need for auto reforms across the country as either “very urgent” or “urgent,” but they don’t believe provincial governments share their sense of urgency. Canadian Underwriter polled more than…
The post-pandemic broker E&O trend, and how to prevent it
February 13, 2024 by Alyssa DiSabatinoMany clients’ commercial property limits aren’t being adjusted for inflation, and that’s unduly exposing brokers to errors and omissions (E&O) claims, one commercial litigation lawyer observed. Inflationary increases are typically applied to all building values upon renewal. The problem is,…
Lax e-scooter insurance spells trouble for Canadian municipalities
February 12, 2024 by Philip PoradoBased on what’s taking place in other jurisdictions, lawsuits over accidents involving e-scooters will likely rise in Canada – particularly in Alberta, British Columbia and Ontario, where some municipalities permit their use on public streets, park trails, or sidewalks. Municipalities…
National auto theft summit comes and goes: what comes next?
February 9, 2024 by David GambrillThe National Summit on Combatting Auto Theft ended in Ottawa yesterday with a commitment to develop a detailed plan to be released in “winter.” The Government of Canada convened the meeting between government officials of all levels, industry leaders —…
A golfer’s shot hits a homeowner’s car. Is he liable for not shouting “fore”?
February 7, 2024 by David GambrillA golfer who doesn’t shout “fore” before his golf ball damages a nearby homeowner’s car isn’t necessarily liable to pay the auto owner’s insurance deductible. That’s because even if the golfer had issued the warning, the parked car couldn’t get…
What types of injuries happen when e-scooters collide with cars?
February 6, 2024 by Philip PoradoAs you might expect, roadways and especially intersections are the most common places for accidents involving e-scooters that lead to claims and lawsuits. “It’s difficult when a motor vehicle [is] following the rules of the road and, all of a…
What the new ‘foreign interference’ guidelines mean for insurers
February 6, 2024 by David GambrillManaging third-party risk and conducting thorough background checks are among several regulatory guidelines for banks and insurers looking to protect themselves against ‘foreign interference,’ as outlined in the Integrity and Security Guideline released by Canada’s solvency regulator last week. The…