Canadian Underwriter

Topic Legal

Insurance claim expert at work.
News AdjustersClaimsClaims ProfessionalsLegalLicensingManitoba

Unlicensed adjuster doesn’t fit the ‘expert’ exemption: Regulator

May 9, 2022 by David Gambrill

Manitoba’s insurance regulator fined a former adjuster $500 and ordered him to pay partial investigation costs of $2,500 for acting as an adjustor without a licence and not, as the former adjuster claimed, as an ‘insurance expert’ helping claimants. Kenneth

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News AdjustersB.C.ClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalPersonal HomeProperty

Don’t investigate fraud suspicions indefinitely, court tells insurer

May 6, 2022 by David Gambrill

If an insurer suspects fraud in a house fire contents claim, it might be better to deny the claim within 60 days, alleging fraud, rather than to prolong the claims investigation indefinitely while asking for documentation from the insured that

Gavel representing court decision.
News AdjustersB.C.ClaimsClaims ProfessionalsCommercialInsurersLegalLiabilityPropertyTrusted Advisor

3 lessons about brokers’ obligations to insureds

May 6, 2022 by Harmon C. Hayden

A broker has an obligation to help clients understand policy specifics and avoid coverage gaps, and it’s not necessarily going to save them if the client hasn’t reviewed the policy, the British Columbia Court of Appeal found recently in Alvaro

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News AdjustersAlbertaBrokersClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalPersonal Auto

Insurance investigators: Be on guard when sharing info with police

May 5, 2022 by David Gambrill

Insurance investigators need to be on their guard about sharing information with police, lest they breach their duty of good faith to their insureds, note lawyers for Borden Ladner Gervais, referencing a 2021 Alberta Court of Queen’s Bench decision. The

Alberta oil sands facility.
News AlbertaB.C.CatastrophesCommercialEnvironmentalInsurersLegalLicensing

Insurance Act changes may help Alberta as insurers retreat from oil and gas

May 4, 2022 by Philip Porado

Major insurers continue to announce they’ll cease issuing coverage to the oil and gas industry, which remains economically critical to Alberta and other Canadian provinces – and is poised to experience a demand boost as Europe seeks alternatives to Russian

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News AlbertaB.C.BrokersClaimsCommercialCommercial AutoConstructionCyberInsurersLegalLiabilityLicensingManitobaNew BrunswickNewfoundland & LabradorNova ScotiaNunavutNWTOntarioP.E.I.QuebecSaskatchewanYukon

Beware the tax implications of unlicensed insurance

May 3, 2022 by Jason Contant

If you’re looking to place a risk through an insurer that’s not licensed to write business in Canada, it’s important to understand the requirements around filing federal and provincial taxes, as well as special broker licenses. Although direct placement with

Photo of pinned Quebec on a map of Canada.
News CommercialInsurersLegalLiabilityQuebec

Good news for Quebec’s D&O insurance market

May 3, 2022 by David Gambrill

Quebec has taken a big step towards aligning its duty to defend rules with those of other Canadian provinces, meaning certain insurance contracts in Quebec will be exempt from a legal requirement to pay for insurance defence costs above and

Concept of insurance man protecting car through an insurance policy examining
News Commercial AutoInsurersLegalPersonal Auto

What auto insurers think of Ontario’s reform proposals

May 2, 2022 by David Gambrill

Canada’s auto insurers are generally pleased with the Ontario government’s direction on auto reform, although many details have yet to be worked out. “Ontario drivers pay too much for car insurance, and this budget makes a bold commitment to improve a

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News AlbertaClaimsInsurersLegalPersonal Home

Be clearer with limitation periods, appeal court tells insurers

May 2, 2022 by Jason Contant

Insurers should consider telling policyholders the specific dates when applicable limitation periods expire, and suggest that policyholders seek and retain counsel, legal experts recommend after an Appeal Court decision in Alberta. In Statt v SGI Insurance Services Ltd, a letter

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News ClaimsCommercialInsurersLegalOntario

Court sides with Atradius in $5.94-million credit insurance dispute

April 28, 2022 by David Gambrill

Ontario’s Superior Court upheld a $100,000 sublimit in an Atradius credit insurance policy dispute, in which the receiver for the bankrupt Eagle Travel Plaza, BDO Canada, claimed the full policy limit of $5.94 million. Before it went bankrupt in 2019,

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News ClaimsCommercialCyberEmerging RisksHRInsurersLegalTechnology

In the crosshairs: Why insurance remains a target for cybercriminals

April 27, 2022 by Jason Contant

Cybercriminals are now specifically searching for terms like ‘insurance’ when looking for data, a partner with Norton Rose Fulbright Canada LLP said during an industry event last week. “They’re not just looking for any data. They’re actually quite smarter,” says

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News ClaimsCommercialEmerging RisksHRInsurersLegalLiability

Sexual harassment: Grounds for dismissal, but not for denying severance

April 27, 2022 by David Gambrill

Slapping a woman on the buttocks in the workplace may be grounds for dismissal, but the threshold for terminating severance as a result of sexual harassment requires ‘wilful misconduct,’ the Ontario Court of Appeal has ruled. In essence, if the