Topic Ontario
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…
Regulators’ principles of conduct: Are ‘MGAs’ the same as retail brokers?
April 13, 2022 by Jason ContantThe Financial Services Regulatory Authority of Ontario (FSRA) is proposing to adopt principles of conduct for insurance intermediaries, including adjusters, brokers, MGAs and third-party administrators. Whether the principles apply to MGAs in the same way as retail brokers is open…
How to lie to your auto insurer and not repay your benefits
April 11, 2022 by David GambrillA 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…
Will faster highway speeds lead to more claims?
April 7, 2022 by Philip Porado and Alyssa DiSabatinoStarting Apr. 22, Ontario drivers will be able to take six sections of highway, primarily in the southern part of the province, at 110 km/h. Highway segments where speeds will permanently rise from 100 km/h to 110 km/h are: Queen…
How Canada’s top court just bolstered pandemic BI exclusions
April 1, 2022 by David GambrillCanada’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…
David Marshall: How to fix private sector auto insurance
March 24, 2022 by Jason ContantEditor’s Note: This story has been updated to include comment from Insurance Bureau of Canada Faulty design features of private-sector auto insurance and excessive government regulation are the main reasons to blame for challenges facing the private-sector auto markets,…
Why this home insurer wasn’t allowed to use a replacement cost overpayment to set off a contents claim
March 17, 2022 by David GambrillA home insurer lost its bid to set off a contents claim using the difference between the Guaranteed Replacement Cost (GRC) and the depreciated value of a home that was rebuilt after a fire. The Ontario Superior Court allowed this…
Where insurers are at with Canadian pandemic BI litigation
March 9, 2022 by David GambrillCanadian courts are dealing with pandemic business interruption (BI) cases at a glacial pace compared to those in the U.K. and the United States, prompting some legal observers to call for judicial reform. “As the pandemic extends into its third…
A CEO is injured while jogging. Does his personal or commercial auto benefits apply?
March 8, 2022 by David GambrillA company CEO who has both personal and commercial auto insurance is not considered to be a “deemed insured” under the commercial auto policy if he has never before driven a company vehicle – even if he had access to…
Court upholds minor injury guideline on shoulder tears
March 7, 2022 by David GambrillPartial shoulder tears are “minor injuries” under Ontario’s Minor Injury Guidelines (MIG), which cap accident benefits for drivers suffering minor injuries at $3,500, the License Appeal Tribunal (LAT) has confirmed. Mohd’Ismail Patel, a delivery truck driver, was injured in an…
BrokerLink execs discuss expansion strategy
March 4, 2022 by Jason ContantBrokerLink’s M&A strategy remains focused on regions where it currently does business and is not looking to get into other verticals at the moment, senior executives at the brokerage tell Canadian Underwriter. “The focus continues to be Ontario, Alberta, and…
Court sides with insurer in $2.5-million professional liability case
February 28, 2022 by David GambrillTwo creditor firms seeking to access insurance policy proceeds in a $2.5-million trust fund misappropriation case against a lawyer lost their bid to interpret the $500,000 sublimit as applying to each of their claims, instead of being an aggregate policy…