The threshold in Ontario for determining whether injuries are “serious” enough to warrant jury awards are not supposed to be treated as barriers by insurance defence counsel, an Ontario Superior Court Justice remarked in the threshold case, Nicolas v. Bowers.“I…
A recent Ontario Superior Court decision suggests that, depending on the wording of a policy and what is alleged, an insurer may be obliged to defend insureds who have made misrepresentations with respect to the sale of an item —…
The Nova Scotia government has inked a deal with RSA Canada that will provide the insurer with up to a $2.7-million payroll rebate.The company and the province, through Nova Scotia Business Inc. (NSBI), have signed a six-year payroll rebate of…
Facility Association (FA) volumes have not gone up as expected, raising a few eyebrows among FA executive members.FA numbers increased significantly in 2003-04, when auto insurers in Canada faced rising claims costs in a hardening market. Similar auto insurance market…
The New Brunswick Insurance Board has allowed the inclusion of a cost of capital provision in Facility Association (FA) rates, the second province in Canada to do so, following the lead of Prince Edward Island.Buoyed by the decision of the…
Nova Scotia’s Court of Appeal has ruled that the motor vehicle registrar was wrong to revoke the licence of a drunk driver 20 years after his license had been suspended, and then he obtained a new license under a changed…
Note to claimants: If you are interested in pursuing arbitration after an insurer has denied medical and housekeeping benefits, it’s best to show up to scheduled pre-hearing conferences.In Sivakumar Thangaraja and Dominion of Canada General Insurance Company, the Financial Services…
The Regroupement des cabinets de courtage d’assurance du Québec (RCCAQ) is still working with its provincial government for clarification around the selling of insurance products without representation, says Louise Mathieu, RCCAQ president.The association made important gains on the issue with…
Facility Association (FA) took a somewhat unexpected, $24.8-million hit in February 2010, based on a late reporting of accident year 2009 losses.FA anticipated the reporting of the 2009 accident year results in February, but the $24.8-million figure reported was “$19.9…
The Federal Court of Canada in Halifax is scheduled to hear State Farm Mutual Automobile Insurance Company v. the Privacy Commissioner of Canada on Apr. 13, 2010.The case concerns State Farm’s challenge of the privacy commissioner’s jurisdiction in an insurance…
Motorcycles with anti-lock brakes are 37% less likely to be in fatal crashes per 10,000 registered vehicle years, according to the Insurance Institute for Highway Safety (IIHS).Bike models with anti-locks also have 22% fewer claims for damage per insured vehicle…
The Canadian Radio-television and Telecommunications Commission (CRTC) is re-considering whether or not the unsolicited sale of insurance products by agents or brokers to existing clients by telephone constitutes telemarketing.The commission has requested comments on the matter (the deadline to register…