Keyword
claim
Client anger: It’s getting tough out there for insurers
August 12, 2022 by David GambrillSaskatchewan’s privacy officer has allowed the government’s auto insurer to withhold portions of a claimant’s risk assessment, on the basis that revealing the information could conceivably lead to injury or harm to its employees. However, the privacy commissioner required Saskatchewan…
Water damage dispute: Why the court wouldn’t end three-year dispute resolution
June 22, 2022 by David GambrillB.C.’s Supreme Court has denied a claimant’s attempt to bail out of two mandatory dispute resolution hearings with multiple insurers in a three-year dispute over the value of water damage in her strata unit. “The plaintiff is understandably frustrated by…
Cabbie assaulted while chasing fare outside taxi is not involved in an “auto accident”
April 19, 2022 by David GambrillA taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The…
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…
The case for tracking your risk advice
January 19, 2022 by David GambrillThe City of Revelstoke, B.C., has been found 35% contributorily negligent for not adhering to a recommendation contained in a 2011 risk management audit, which advised to maintain painted ‘No diving’ signs on a raft in Williamson Lake Park. “The…
Insurer cleared in case of hearing aid replacement mix-up
January 7, 2022 by David GambrillA home insurer has been cleared of any liability after a hearing aid supplier produced a different brand of ear phones than had been cited in the initial insurance quote, B.C.’s civil resolution tribunal has found. The small claims court…
Cyclist loses bid to summon the Queen to court in auto insurance case
July 23, 2021 by David GambrillA B.C. cyclist injured in a car collision has lost his bid to demand an audience with Her Majesty Queen Elizabeth II in an effort to make his case against the province’s public auto insurer. In addition to seeking an…
What the court said when property owners refused to submit a Final Proof of Loss
April 20, 2021 by David GambrillWestland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to…
Intact wins the battle, but loses the war, in Alberta wildfire claim
April 7, 2021 by David GambrillIntact Insurance has lost its appeal over procedural unfairness in an Alberta wildfire property damage claim, even though an umpire in the case made a decision based on information that was not placed on the record by either the claimant…
Mystery solved: Phantom passenger loses accident benefits case
January 6, 2021 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine…
Court raps lawyers’ conduct, as default judgment against insurer overturned
December 1, 2020 by David GambrillB.C.’s Court of Appeal threw out a default judgment against Lloyd’s of London Monday in a case involving the theft of golden eagles used for a charity event. In doing so, the court criticized lawyers for both the claimant and…
Why a tribunal changed the insurer’s finding of fault in this parking lot claim
July 24, 2020 by David GambrillB.C.’s small claims court recently overturned the public insurer’s assessment of liability in a case in which a driver pulling out of his parking lot space clipped the open door of a car that had just pulled into the space…