Canadian Underwriter

Topic Liability

Flushing a toilet
News B.C.LegalLiabilityPersonal HomeProperty

Will insurance cover deductible when toilet overflows?

August 21, 2023 by Philip Porado

A strata apartment owner is entitled to collect a deductible from the owner of the unit above his own, following a toilet overflow that caused substantial damages to his apartment, British Columbia’s Civil Resolution Tribunal (CRT) has determined. In Meier

Judge gavel with Justice lawyers having team meeting at law firm in background.
News Emerging RisksHRInsurersLegalLiability

Ontario adjudicator, Aviva targets of “conflict-of-interest” complaints

August 18, 2023 by Alyssa DiSabatino

The Ontario Trial Lawyers Association (OTLA) filed formal complaints this month against Aviva Canada and Licence Appeal Tribunal (LAT) adjudicator Thérèse Reilly, alleging the adjudicator was in a “conflict of interest” when she continued adjudicating LAT tribunal panels in insurance

Abstract technical background - "Access Denied"
News ClaimsCyberInsurersLegalLiability

Would a government ban of ransomware work?

August 8, 2023 by David Gambrill

In the United States, the White House has floated the idea of a total ban on ransomware payments, a move that could change the role of a company’s chief information and security officer (CISO), says one expert on corporate information

Kirsten Andersen at AXA XL
News ClaimsInsurersLegalLiabilityOperations

AXA XL names new underwriting manager in Canada

August 3, 2023 by Canadian Underwriter Staff

Specialty insurance provider AXA XL has named Kirsten Andersen underwriting manager for its design professional insurance business in Canada. The business unit provides errors and omissions/professional liability insurance to architectural and engineering firms in Canada, according to the firm’s website.

Doctor fitting a wrist brace after a sprain
News ClaimsInsurersLegalLiabilityPersonal Auto

Why this AB claimant couldn’t prove an inability to carry on a normal life

July 27, 2023 by Philip Porado

An accident benefits claimant failed to meet the stringent non-earner benefit (NEB) test and is not entitled to ongoing benefits, adjudicator Derek Grant wrote in a July 21, 2023 Licence Appeal Tribunal decision. The claimant, Dominik Crnogorac (referred to afterwards

Huge flame against the black sky
News AlbertaClaimsCommercialConstructionInsurersLiability

Trial to decide insurer’s duty to defend in seniors lodge explosion

July 24, 2023 by David Gambrill

It’s going to take a trial to decide whether or not Co-operators General Insurance Company owes a duty to defend in a complicated legal case concerning a 2015 gas explosion that happened on a construction site at the Bow River

NEW RULES text on a sticky on a notebook with pen and glasses , blue background
News B.C.BrokersCommercialInsurersLegalLiabilityPersonal HomeProperty

Brokerage wins limited injunction against regulator’s new rule

July 19, 2023 by David Gambrill

FS Insurance Brokers (FSIB), a B.C. insurance broker that has common ownership with a strata property management company, has won a limited injunction against a new rule proposed by the province’s broker regulator, pending judicial review of the new rule.

Distracted driver about to have a car accident
News ClaimsClaims ProfessionalsCommercial AutoInsurersLegalLiabilityLoss ControlLoss TrendsPersonal AutoTechnology

What’s to blame for distracted driving trends?

July 14, 2023 by Philip Porado

Brokers hear lots of stories about minor fender-benders that don’t lead to injuries. And some could even be seen as amusing – if they weren’t linked to financial losses for insurers. “We had an incident where someone was trying to

Restaurant manger and server consulting behind the bar
News BrokersBusiness InterruptionClaimsCommercialEmerging RisksHRInsurersLegalLiabilityLoss TrendsProperty

Has COVID-19 changed restaurant insurance forever?

July 13, 2023 by Jason Contant

Canada’s hospitality sector was particularly hard-hit by the COVID-19 pandemic, with government-mandated shutdowns and restrictions grinding the industry to a halt. Now, as restaurants return to pre-pandemic foot traffic and revenue levels, the need for insurance solutions and capacity is

Web bot scrapes data for cyber attacks.
News ClaimsCyberInsurersLegalLiabilityLoss ControlLoss TrendsOperationsTechnology

Can we predict where cyber claims might emerge?

July 4, 2023 by Philip Porado

Data culled from external scanning systems and other tech tools can help insurers improve underwriting by showing where cyber claims might emerge. But only if the companies develop methods for making proper use of that data, said a recent Gallagher

Agent with couple shaking hands closing a deal
News ClaimsInsurersLegalLiabilityPersonal Home

Brokers, not insurers, advise clients of valuation changes

June 29, 2023 by David Gambrill

An insurer does not displace the role of the broker if the insurer conducts its own independent replacement cost valuation (RCV) and comes up with a different number than the broker submits, the Ontario Superior Court confirmed Tuesday. It remains

Cargo ships colliding
News ClaimsCommercialLegalLiabilityLoss ControlLoss TrendsTechnology

Who’s at fault when AI’s driving a cargo ship?

June 29, 2023 by Philip Porado

It’s 2035 and a maritime court has convened to determine who’s at fault when a seagoing vessel made an error in passage planning – a safety exercise that maps a voyage from start to finish, including harbour navigation and docking.