Canadian Underwriter

Topic Legal

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How an insurer became embroiled in this body shop’s lawsuit against an auto dealer

January 6, 2021 by Greg Meckbach

A collision repair centre is suing an auto dealership firm that stopped referring work to it amid unproven allegations that the body shop submitted false or fabricated invoices to Aviva Canada, recent Ontario court documents show. In 2013, a firm

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The difference between pandemic BI coverage and pushing a bus off a cliff

January 5, 2021 by Greg Meckbach

Commercial clients who bought insurance covering a disease outbreak within 25 miles of their premises did not buy coverage for business interruption from a pandemic on a national scale, insurance company lawyers are telling the United Kingdom Supreme Court. Worldwide,

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Britain’s regulator challenges ruling in favour of insurers over pandemic BI coverage

January 4, 2021 by Greg Meckbach

The appearance of the word “event” in a “disease radius” clause in business interruption insurance contract could be instrumental in determining whether the client is covered during a pandemic. In a ruling released Sept. 15, the High Court of England

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Missing signature takes homeowner off the hook for paying restoration service bill

January 4, 2021 by Greg Meckbach

A restoration firm dispatched by an insurer to respond to water damage at a British Columbia strata unit cannot collect the nearly $1,400 the contractor says the client owes for emergency services. This is the result of a recent British

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Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim

January 4, 2021 by Greg Meckbach

A landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which

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The ‘strange and new opportunity’ for insurance from open banking

January 4, 2021 by Greg Meckbach

If Canada proceeds with so-called “consumer-directed finance,” technology firms could potentially get access to consumers’ insurance data, a Microsoft Canada expert told brokers during a recent webinar. The federal finance department appointed its Advisory Committee on Open Banking in 2018.

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How Economical could demutualize in 2021

December 22, 2020 by Greg Meckbach

Economical Insurance is aiming to have an initial public offering (IPO) of stock in 2021, making it the first ever property and casualty mutual in Canada to demutualize. “If we receive required approvals from the [federal] Minister of Finance on

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RCMP commits to changes in how it collects, uses information about protesters

December 18, 2020 by Jim Bronskill - THE CANADIAN PRESS

OTTAWA – The RCMP has agreed to revamp its policies on the collection and use of information about protesters after a watchdog expressed fresh concerns, a notable shift from the police force’s position only months ago. RCMP Commissioner Brenda Lucki

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How family protection endorsement works when multiple tortfeasors liable

December 16, 2020 by Greg Meckbach

A Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was

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Another win for wedding vendors in a COVID cancellation dispute

December 16, 2020 by Greg Meckbach

A British Columbia couple who cancelled their August 2020 wedding due to pandemic concerns is not entitled by a force majeure (an ‘Act of God’) clause to a refund of $4,000 they paid the would-be venue in advance. The province’s

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Taming Social Inflation

December 16, 2020 by Adam Malik, Managing Editor

Social inflation essentially describes insurers’ increasing legal costs. Why insurers are pinning this primarily on the rise of litigation funding

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Regulator cautions brokers about sharing and storing client data

December 15, 2020 by David Gambrill

As the pandemic continues to plunge Canada’s property and casualty insurance industry deeper into the digital space, regulators are issuing ongoing reminders — and warnings — about how brokers are sharing and storing their clients’ personal data. Most recently, Peter