Canadian Underwriter

Topic Legal

Stressed out broker drinking too much coffee.
News BrokersCommercialInsurersLegalManagementTrusted Advisor

How brokers can help small business clients replace escrow agreements

May 31, 2022 by Jason Contant

M&A insurance can help small and medium-sized enterprises (SMEs) avoid the need for an escrow agreement, but many small business owners aren’t aware of this possible solution. Escrow agreements are commonly found in M&A deals in the SME segment (deals

Lady Justice statue representing justice and equality.
News B.C.BrokersHRLegal

Brokerage loses bid to dismiss human rights complaint

May 31, 2022 by David Gambrill

B.C.’s Human Rights Tribunal has denied an application by insurance brokerage Shaw Sabey and Associates to dismiss a complaint lodged by one of its former employees, Adam Kwan, who is of mixed racial descent. “I want to be clear that

sleeping woman in autonomous car. Driverless car. Self-Driving car. UGV (unmanned ground vehicle).
News ClaimsInsurersLegalLiabilityPersonal Auto

Regulations for insuring self-driving cars required sooner rather than later, lawyers say

May 27, 2022 by David Gambrill

Canada is not ready to insure even partially automated vehicles (AVs), but the move towards fully-automated vehicles could be here by as early as 2026, warn lawyers at Borden Ladner Gervais LLP. Provincial legislatures will therefore need to update their

Angry woman driving a car.
News ClaimsInsurersLegalPersonal Auto

Fume all you want, don’t hit erratic drivers in front of you

May 26, 2022 by David Gambrill

No matter how much a driver might fume about the slow driver ahead, the driver behind him is still responsible for maintaining a safe distance to avoid a collision — even if the slow driver tries to block the driver

A life preserver floating in the water with a mini earth resting inside of it.
News EnvironmentalInsurersLegal

OSFI posts new guidance on climate risk stress testing

May 26, 2022 by Alyssa DiSabatino

The Office of the Superintendent of Financial Institution’s (OSFI) newly released draft of Climate Risk Management may mean P&C insurers will have to include climate scenario analysis as a part of their stress testing — and it may require insurers to

Shot of a young man and woman going over building plans at a construction site
News ClaimsCommercialConstructionLegalOntario

Insurers must defend, even if damage falls below the deductible

May 24, 2022 by David Gambrill

Insurers have a duty to defend in construction cases involving policy exclusions for a “work performed” or “own work,” even if the amount of property damage claimed falls under the policy deductible, Ontario’s Court of Appeal has ruled. In GFL

Tow Truck Towing A Vehicle On A Two Lane Highway
News ClaimsInsurersLegalOntarioPersonal Auto

Tow truck driver granted “absolute discharge” for his role in staged collision

May 19, 2022 by David Gambrill

Ontario’s Court for Appeal has given an “absolute discharge” to a tow truck driver who pleaded guilty to fraud under $5,000 – and served a six-month conditional sentence – for his role in a staged collision that cost two insurers

A rear view of a businessman as he places his hand on his head and looks up at random numbers from a clock face that appear on the wall in front of him.
News CannabisClaimsInsurersLegalOntarioPersonal Home

New innocent co-insured law does not apply retroactively: Appeal Court

May 18, 2022 by David Gambrill

Ontario’s new innocent co-insured law does not apply retroactively to claims events that happened before the legislation was passed, the Ontario Appeal Court has ruled. The co-insured rule restricts application of insurers’ policy exclusions for criminal acts only to those

Stock market trading screen showing sell-off.
News ClaimsClaims ProfessionalsCommercialEmerging RisksInsurersLegalLiability

Stock market volatility may spike E&O claims

May 17, 2022 by Michelle Schriver

Investors are taking a turbulent ride as global stock markets correct and increasingly run the risk of entering recession territory. And, with some advisors’ clients ‘at the edge,’ that raises a red flag for errors and omissions (E&O) claims against

Hand holds a car and a car key
News AlbertaClaimsInsurersLegalLiabilityPersonal Auto

Car owner vicariously liable for crash despite reporting her vehicle stolen

May 13, 2022 by David Gambrill

A car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the

Gavel and remote control from car on table.
News B.C.ClaimsCommercial AutoInsurersLegalLiabilityPersonal Auto

Appeal Court green-lights key feature of B.C.’s no-fault auto reform

May 12, 2022 by David Gambrill

A central pillar of the B.C. government’s auto insurance reform — that the province’s Civil Rules Tribunal (CRT) has exclusive jurisdiction to determine minor injuries below $50,000, and not the courts — has been found constitutional by the B.C. Appeal

Night Driving Thru Forest - Straight Road and Creepy Dark Forest.
News AdjustersClaimsClaims ProfessionalsInsurersLegalPersonal Auto

What auto insurers need to deny coverage based on alleged suicide attempt

May 11, 2022 by David Gambrill

Editor’s Note: This article has been corrected so that all incorrect references to Unica have been replaced with correct references to Optium. Canadian Underwriter apologizes for the error.   If an insurer wishes to deny auto coverage to an injured