Canadian Underwriter

Topic Legal

City taxi at night
News ClaimsClaims ProfessionalsCommercial AutoInsurersLegalOntario

Cabbie assaulted while chasing fare outside taxi is not involved in an “auto accident”

April 19, 2022 by David Gambrill

A taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The

Multiracial workplace celebration.
News Emerging RisksHRInsurersLegalLiability

Not addressing diversity issues creates risk for brokers, survey finds

April 14, 2022 by Phil Porado

Nearly all Canadian brokers agree addressing diversity, equity and inclusion (DEI) issues is linked to business success, according to a late 2021 Canadian Underwriter online survey of 208 brokers across Canada, made possible with the support of Sovereign Insurance. It

Auto accident damage at intersection.
News AlbertaB.C.BrokersClaimsCommercial AutoInsurersLegalLiabilityLicensingLoss ControlLoss TrendsManitobaNew BrunswickNewfoundland & LabradorNova ScotiaNunavutNWTOntarioP.E.I.Personal AutoPropertyQuebecSaskatchewanYukon

A car crashes in Ontario: Why Canadian auto insurers pay attention

April 13, 2022 by Daniel Strigberger

People love to visit Ontario. Unfortunately, some of them get into car accidents. Why should a visitor’s auto insurer care about accidents in Ontario? Because when a non-resident is involved in an auto accident in the province, their insurers will

Assortment of Used Cables in Different Types and purposes on second hand market, peripheral equipment"nVideo Audio Cable USB and Bundled Top view From Above. Tech
News ClaimsClaims ProfessionalsInsurersLegalLiabilityPersonal HomePropertyQuebec

‘Professional activities’ exclusions: Why insurers must almost always defend

April 13, 2022 by David Gambrill

Quebec’s Superior Court notes an insurer will almost always have a duty to defend an insured in disputes over policy exclusions for “professional activities.” “A review of the case law dealing with exclusion for ‘professional activities’ reveals that, in almost

Papers headed with Tax Liability and glasses on a table
News Commercial AutoConstructionCyberLegalLoss ControlOperationsPersonal AutoPersonal HomeProperty

Does federal budget create new tax liability for P&C industry?

April 12, 2022 by Greg Meckbach

A federal budget proposal to forbid insurers from using a contractual service margin as a deductible reserve for tax purposes could impose a one-time tax liability on the industry. International Financial Reporting Standard 17 (IFRS 17) will “substantially change the

Judge holding hammer near toy cars closeup.
News AdjustersClaimsClaims ProfessionalsInsurersLegalOntarioPersonal Auto

How to lie to your auto insurer and not repay your benefits

April 11, 2022 by David Gambrill

A claimant who lied to TD Insurance about an acquaintance being present with her in a car crash so that her acquaintance could collect accident benefits does not have to repay her own benefits because of the misrepresentation, Ontario’s License

Surf washes over a beach on Nova Scotia's Atlantic coast.
News CatastrophesEnvironmentalInsurersLegalLoss TrendsNova ScotiaPersonal Home

P&C industry’s input on coastal protection

April 6, 2022 by Alyssa DiSabatino

Nova Scotia community and industry stakeholders have shared their input on the Coastal Protection Act, and an Insurance Bureau of Canada representative says the financial case for supporting the act is clear. Passed in 2019, the legislation aims to restrict

Negotiations concept, different businesspeople discussing deal details at group meeting, young and senior partners team thinking talking consulting about contract sitting at conference office table
News Business InterruptionClaimsCommercialInsurersLegalLiabilityRisk Managers

Insurers winning court battles to enforce pandemic BI arbitration

April 4, 2022 by David Gambrill

Quebec insurers with arbitration clauses written into their business interruption policies are winning battles to have pandemic BI class action suits go through arbitration rather than through the courts. Both of law firm Clyde & Co.’s Top 2 cases of

Nuclear power plant after sunset. Dusk landscape with big chimneys.
News Business InterruptionCatastrophesClaimsInsurersLegalLiabilityOntario

How Canada’s top court just bolstered pandemic BI exclusions

April 1, 2022 by David Gambrill

Canada’s top court has dismissed the appeal in a nuclear reactor case that trial lawyers might have used as a precedent to challenge the physical damage policy exclusions found in many pandemic-related business interruption insurance cases. As is customary, the

European Union sanctions Russia.
News Business InterruptionClaimsCommercialEmerging RisksInsurersLegalOperationsSupply Chain

Ratings agency suspends commercial activities in Russia

March 30, 2022 by Philip Porado

Getting ahead of a European Union-imposed Apr. 15 sanctions deadline, a major global credit ratings agency specializing in the insurance industry has suspended all commercial activities in Russia. AM Best said it’s also withdrawn all credit ratings on reinsurance companies

Picture of a serious car accident
News InsurersLegalPersonal Auto

Reduce lawsuits, regulatory burden to improve private auto: report

March 30, 2022 by Jason Contant

Restricting lawsuits to only the most serious auto accident cases is one reform provincial governments in private auto insurance sectors should adopt to improve the cost and value of auto insurance, says financial management consultant David Marshall. Marshall is a

Portrait of african american businesswoman wearing protective face mask standing in modern office.
News AdjustersBrokersClaims ProfessionalsHRInsurersLegalLoss ControlOperationsRisk Managers

How Canada’s P&C industry feels about COVID safety in their offices

March 30, 2022 by David Gambrill

More than seven out of 10 Canadian P&C industry professionals feel protected from COVID in their new hybrid office arrangements, according to an online poll conducted this week by Canadian Underwriter. Over 650 P&C professionals answered CU‘s survey, including brokers,