Topic Liability
Appeal Court green-lights key feature of B.C.’s no-fault auto reform
May 12, 2022 by David GambrillA 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…
3 lessons about brokers’ obligations to insureds
May 6, 2022 by Harmon C. HaydenA 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…
Auto insurer changes policy on seeking costs from cyclists and pedestrians
May 5, 2022 by Jason ContantEditor’s Note: This story has been updated to include information from ICBC. The Insurance Corporation of British Columbia (ICBC) is changing its policy on when it seeks recovery for costs from cyclists and pedestrians who have some responsibility for…
$200K liability limit triggered in suicidal driver’s auto policy
May 4, 2022 by David GambrillThird-party drivers injured in an accident caused by the criminal action of a suicidal driver cannot claim more than the minimum $200,000 liability limit in the suicidal driver’s policy because of a public policy rule enshrined in the New Brunswick…
Beware the tax implications of unlicensed insurance
May 3, 2022 by Jason ContantIf 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…
Good news for Quebec’s D&O insurance market
May 3, 2022 by David GambrillQuebec 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…
Sexual harassment: Grounds for dismissal, but not for denying severance
April 27, 2022 by David GambrillSlapping 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…
Partnership approach needed in current cyber risk landscape
April 25, 2022 by Alyssa DiSabatinoAs the cyber landscape and ransom attacks evolve, the onus is on insureds to protect themselves just as much as it is on insurers to provide coverage, says a webinar panellist. “The archaic method of underwriting risk has shifted dramatically…
Ukraine war insured losses could outstrip 9-11
April 20, 2022 by Philip PoradoWhen adjusters are finally able to assess the damage stemming from the war in Ukraine, costs may exceed the Sept. 11, 2001 terror attacks as the largest industry-wide insured loss, across all classes of business, in history, said a specialty…
Not addressing diversity issues creates risk for brokers, survey finds
April 14, 2022 by Phil PoradoNearly 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…
A car crashes in Ontario: Why Canadian auto insurers pay attention
April 13, 2022 by Daniel StrigbergerPeople 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…
‘Professional activities’ exclusions: Why insurers must almost always defend
April 13, 2022 by David GambrillQuebec’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…