Topic Legal
Splitting costs when ‘other insured’ policy clauses don’t reconcile
July 15, 2022 by David GambrillWhen 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…
D&O excess policy needs to spell out exceptions from primary policy
July 14, 2022 by David GambrillIf 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,…
Court strikes down cap on costs for auto injury experts
July 13, 2022 by David GambrillB.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…
Inadmissible evidence good enough to access enhanced auto coverage
July 12, 2022 by David GambrillInadmissible 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…
Class action lawsuit seeks damages for Rogers network outage
July 12, 2022 by Jason ContantQuebec 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…
Inflation might not lead to higher claims amounts in Canada
July 8, 2022 by Philip PoradoWith 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…
How the court bolstered an insurer’s exclusion for privacy breach
July 8, 2022 by David GambrillActing 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…
Why Intact can’t recover $2.9 million in excess insurance payment
July 7, 2022 by David GambrillIntact 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…
How to advise clients on commercial contract indemnities
July 6, 2022 by Michael CareyCommercial 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…
U.S. regulator upgrades Tesla Autopilot crash analysis
June 30, 2022 by Philip PoradoA 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,”…
Will rocketing consumer prices spark social inflation?
June 24, 2022 by Philip PoradoWhile 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…
Don Forgeron to retire from Insurance Bureau of Canada
June 23, 2022 by Alyssa DiSabatinoDon 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…