Canadian Underwriter

Topic Liability

A quad on its side after it has been accidentally flipped.
News LegalLiabilityOntario

‘Negligent operation’ of ATV includes turning it over to inexperienced driver

March 18, 2024 by David Gambrill

If parents permit an adult child to use their all-terrain vehicle (ATV), and the son or daughter then negligently turns over control of that ATV to an inexperienced driver who gets seriously injured in a crash, the parents can be

Construction site accident
News ClaimsCommercialConstructionLegalLiabilityProperty

Who’s responsible when construction projects go wrong

March 13, 2024 by By Dr. Yasser Korany, KSI Engineering

Construction project delays can expose commercial insurers to significant claims costs. Canada’s property and casualty insurance market collected more than $748 million in direct written premiums for surety bonds in 2022, per Canada’s solvency regulator, the Office of the Superintendent

Hourglass, stopwatch and clock floating in blue water
News ClaimsClaims ProfessionalsCommercialInsurersLegalLiabilityOntario

Paid the claim? No need to re-appraise after limitation period, court says

March 12, 2024 by Alyssa DiSabatino

An insurer that has already paid a claim doesn’t have to do a follow-up appraisal after the limitation period has expired, Ontario’s Superior Court of Justice has ruled.  “An admission of liability to pay on the part of an insurer

A businessman, under supervision, looks up at a large magnifying glass that is being held by large hand above him.
News BrokersCommercialEmerging RisksInsurersLiabilityManagementOntario

Industry responds to FSRA’s plan for insurer MGA supervision

March 7, 2024 by Alyssa DiSabatino

Potential risks stemming from P&C insurers’ managing general agent (MGA) outsourcing practices have caught the eye of Ontario’s insurance regulator, and it’s looking for feedback from stakeholders on a supervision plan.   Insurers and MGAs alike have begun to weigh

Managing Time and scheduling conflict metaphor as a deadline stress business idea with a clock with 3D illustration elements.
News ClaimsCommercialInsurersLegalLiability

Landmark opioid case wrestles with who defends among multiple insurers

March 1, 2024 by David Gambrill

When multiple commercial insurers are on the hook consecutively for long-tail claims spanning decades, defence costs should be allocated according to the proportion of time they were on risk, the Ontario Appeal Court ruled this week. The court’s landmark decision

Beers at a big event
News BrokersClaimsCommercialCyberLiability

Here’s what creates risks for hospitality providers in 2024

February 26, 2024 by Philip Porado

As Canada eases out of the COVID-19 pandemic, the country’s restaurateurs, hoteliers, and event venue operators face a multitude of risks. Changes over the past four years have hospitality providers swimming in a toxic soup of pandemic-stunted social habits, inflation-dented

Are SUVs getting too big to avoid serious accidents?
News ClaimsLegalLiabilityLoss ControlLoss TrendsPersonal Auto

Will bigger vehicles lead to bigger claims?

February 23, 2024 by Philip Porado

With accident rates climbing, one growing area of concern is that vehicles are becoming much larger. For example, rapid changes in vehicle specs mean full-size SUVs from 1999 would today meet the gearhead moniker of ‘Cute Ute.’ With sport utility

Sports Photographer in an empty stadium
News B.C.ClaimsInsurersLegalLiability

Sports insurers urged to consider video review

February 22, 2024 by David Gambrill

A legal firm urges sports insurers to require their sports association clients to install cameras to record the action, following the B.C. Court of Appeal’s January 2024 decision in Cox v. Miller. In Cox v Miller, the court found Karl

Macro photo of tooth wheels with COMPLIANCE, REGULATIONS, STANDARDS, POLICIES and RULES words imprinted on metal surface
News Emerging RisksInsurersLegalLiability

FSRA’s first non-auto P&C supervision plan to include review of MGAs

February 22, 2024 by Alyssa DiSabatino

Ontario’s insurance regulator is launching a review of P&C insurers’ managing general agent (MGA) outsourcing practices as part of its first non-auto P&C supervisory plan.  “Given the risks and oversight concerns involved, insurer outsourcing to P&C MGAs is a priority

Air Canada Boeing 777 taking off from Vancouver International Airport during sunset. Date: Feb 11, 2022
News BrokersCyberEmerging RisksInsurersLiabilityLoss ControlTechnology

Air Canada chatbot error shows liability implications of AI

February 21, 2024 by Alyssa DiSabatino

Air Canada has been ordered to uphold a policy fabricated by its AI customer chatbot in a recent Civil Resolution Tribunal (CRT) dispute.   The decision is a cautionary tale for why clients need to be sure their AI chatbots

Cutting Canadian dollars to represent price cuts
News BrokersCommercialInsurersLegalLiabilityLoss Trends

Why D&O price cuts may not be justified

February 15, 2024 by David Gambrill

Softer market conditions reported in some professional liability lines are premature and unjustified, a global reinsurer told September’s National Insurance Conference of Canada (NICC) in Montreal. The NICC reinsurance panel followed a presentation on the global economy by Swiss Re’s

E-scooter accidents are going to cause problems for Canadian cities because of vague insurance rules and lax enforcement.
News ClaimsEmerging RisksInsurersLegalLiabilityLoss TrendsPersonal AutoPersonal HomeProperty

Lax e-scooter insurance spells trouble for Canadian municipalities

February 12, 2024 by Philip Porado

Based on what’s taking place in other jurisdictions, lawsuits over accidents involving e-scooters will likely rise in Canada – particularly in Alberta, British Columbia and Ontario, where some municipalities permit their use on public streets, park trails, or sidewalks. Municipalities