Topic Ontario
Intact policyholder conflates ACV with replacement cost value
April 4, 2023 by David GambrillIntact recently won an appraisal dispute with an insured who originally claimed more than four times the market value of his business property after a fire, prompting the court to find the insured was conflating actual cash value (ACV) of…
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…
Aviva loses bid to quash class action for COVID-related BI losses
March 28, 2023 by David GambrillOntario’s Superior Court has certified a class action lawsuit by a window and door manufacturer against Aviva Canada related to the insurer’s broad denial of pandemic-related business interruption claims. In doing so, the court rejected Aviva’s motion to have the…
The risk most Ontario drivers are taking
March 28, 2023 by Alyssa DiSabatinoMore than half of Ontario motorists (57%) believe distracted driving is the greatest threat to road safety, yet a quarter (24%) of Ontarians admit to distracted driving despite knowing its risks, a recent RatesDotCa survey reveals. Distracted driving ranks as…
Latest Supreme Court ruling may reduce liability risk due to impaired drivers
March 27, 2023 by David GambrillCanada’s top court has restored the impaired driving conviction of an Ontario ATV driver, whose Charter rights were violated when the police pulled him over on a shared private driveway instead of a public highway. The case is of interest…
Brokers, insurers respond to 2023 Ontario budget
March 24, 2023 by Jason ContantOntario’s broker association is glad to see auto insurance as well as enhancing Ontario’s emergency response remains on the provincial government’s agenda. In its 2023 Ontario Budget, the government said it will “continue to make progress on previous commitments, including…
ATV roll-over decision could help insureds who are denied coverage
March 23, 2023 by Philip PoradoRecent granting of a plaintiff’s motion for summary judgement against an insurer in an all-terrain vehicle (ATV) overturn accident may make it easier for auto insurance policyholders to access their coverage. Ultimately, the decision may be of future benefit to…
What Ontario’s DCPD change means for insureds, brokers
March 23, 2023 by Alyssa DiSabatinoEditor’s note: This article has been updated to include a statement from the Insurance Bureau of Canada. Ontario’s insurance regulator has passed OPCF 49, which gives consumers the choice to opt out of Direct Compensation-Property Damage (DCPD) coverage on…
Want lower liability exposure for athletes? Don’t play sports in B.C.
March 21, 2023 by Alyssa DiSabatinoA recent Supreme Court of British Columbia case points to the difference between the standard of care for sports negligence claims in B.C. compared to the rest of Canada. In Miller v. Cox, the court found that a recreational soccer…
Claims to expect in Canada after a rough winter in March
March 17, 2023 by Alyssa DiSabatinoParts of Canada have been hit with several major snowstorms in succession this winter, and while none of the severe storms individually will likely be declared catastrophes (i.e. resulting in more than $30 million of insured damage), they may be…
Drivers fear fraud, but don’t take an elementary step to prevent it
March 10, 2023 by Alyssa DiSabatinoInsurance broker scams are among the primary ways drivers believe they could be susceptible to fraud, yet only 1 in 5 respondent auto policyholders took the time to check with the Financial Services Regulatory Authority of Ontario (FSRA) to ensure…
New earthquake model considers eastern Canada risk
March 9, 2023 by Jason ContantAon plc has launched a new earthquake model for Canada, one that takes into account the well-known risk in western provinces but also the lesser-known risk in eastern Canada. The model is based on the latest scientific research from Natural…