Topic Legal
More provincial regulators might break with OSFI over “insuring in Canada a risk”: ILO paper
December 1, 2009 by Canadian UnderwriterAn apparent split between the federal and provincial jurisdictions over the question of “insuring in Canada a risk” may cause more provincial regulators to state divergent views from those of the Office of the Superintendent of Financial Institutions (OSFI), says…
What’s New: In Brief (November 27, 2009)
November 27, 2009 by Canadian UnderwriterWadena has won SGI’s 2009 Seatbelt Challenge in the Saskatoon Health Region and will receive up to $50,000 for traffic safety improvements in its community.The 2009 edition of the Seatbelt Challenge pitted the communities of Wadena, Lanigan, Watrous and Wynyard…
Insurer’s subrogation right under Standard Mortgage Clause must establish no liability to the insured: Ontario court
November 26, 2009 by Canadian UnderwriterThe subrogation right of an insurer under the Standard Mortgage Clause in an insurance policy cannot be exercised simply upon the insurer paying the loss award to a mortgagee without the insurer also establishing — as opposed to merely asserting…
Ontario insurer not obliged to pay for assessments that it did not pre-approve: FSCO
November 25, 2009 by Canadian UnderwriterAn Ontario woman who unilaterally sought Cdn$18,073 worth of medical assessments is not entitled to recoup the money from her insurer, since she did not obtain her insurer’s approval in advance of the assessments, the Financial Services Commission of Ontario…
A.M. Best downgrades Kingsway Financial and its subsidiaries
November 24, 2009 by Canadian UnderwriterA.M. Best Co. has downgraded the issuer credit rating and senior debt rating to “ccc” from “b-“ of Kingsway Financial Services Inc. (KFS) and Kingsway America Inc. (KAI).In addition, A.M. Best has downgraded the financial strength rating (FSR) to B-…
What’s New: In Brief (November 20, 2009)
November 20, 2009 by Canadian UnderwriterA man who obtained two drivers licenses under different aliases has been handed a six-month jail sentence. When applying for a license to drive in British Columbia in September 2004, Christopher Richard Alblas presented an Alberta driver’s license. After a…
What’s New: In Brief (November 18, 2009)
November 18, 2009 by Canadian UnderwriterInsurance Bureau of Canada (IBC) is cautioning that current conditions in British Columbia’s Fraser Valley are similar to those that led to floods of the Fraser Valley in 2003 and 2007.The provincial, federal and municipal governments have made significant investments…
Pennsylvania insurance regulator seeks legal action against Kingsway
November 17, 2009 by Canadian UnderwriterThe Pennsylvania Department of Insurance (DOI) is taking legal action against Kingsway Financial Services, Inc. (TSX, NYE: KFS) to unwind the company’s donation of its shares of Lincoln General Insurance Company to charities.Kingsway announced in October 2009 that it had…
Landlords can delegate snow removal to tenants, but not in tenancy agreement: Ontario Court of Appeal
November 17, 2009 by Canadian UnderwriterA landlord can delegate snow removal tasks to tenants, but this must be done in a contractual agreement separate from the tenancy agreement, the Ontario Court of Appeal has ruled in a slip-and-fall case.“In order to be effective, a clause…
Courts hold lower threshold for price-fixing class action certification
November 16, 2009 by Canadian UnderwriterTwo recent decisions in Ontario and British Columbia certifying class actions alleging price fixing indicate that the courts in Canada may be adopting a new approach to these types of claims, potentially opening the door to more litigation in this…
Subrogation in fire cases
November 13, 2009 by Canadian UnderwriterThe evidence of what causes a fire is generally consumed in the fire, Richard Lindsay, founding partner of Lindsay Kenney LLP in British Columbia, said. This makes subrogation a little different in a fire-related case, he told delegates attending the…
Privacy Commissioner’s authority questioned by insurer, private investigators
November 11, 2009 by Canadian UnderwriterInsurers and private investigators are challenging the authority of the Office of the Privacy Commissioner (OPC) to intervene in claims investigations.The insurance industry yielded 17% of the complaints lodged in 2008 under the Personal Information Protection and Electronic Documents Act…