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Injury threshold in Ontario does not establish a “barrier” to jury award recovery: Ontario judge

April 12, 2010 by Canadian Underwriter

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

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Insurer ordered to defend negligence claim, after insured sold and vacated property

April 9, 2010 by Canadian Underwriter

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 —

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RSA teams up with Nova Scotia government for expansion

April 8, 2010 by Canadian Underwriter

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

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Facility Association volumes across Canada stabilize at relatively low levels.

April 8, 2010 by Canadian Underwriter

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

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Facility Association (FA) pleased that New Brunswick allows cost of capital provisions in FA rates

April 8, 2010 by Canadian Underwriter

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

News InsuranceLegalMergers and Aqcuisitions

Nova Scotia driver allowed to keep new license 20 years after his old license suspended for drunk driving: Appeal Court

April 7, 2010 by Canadian Underwriter

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

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FSCO dismisses benefits arbitration after claimant fails to show up to pre-hearing conferences

April 7, 2010 by Canadian Underwriter

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

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RCCAQ continues to work with government on sales of auto replacement guarantees

April 6, 2010 by Canadian Underwriter

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

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Facility Association receives $24.8-million hit in February based on report of 2009 accident year losses

April 6, 2010 by Canadian Underwriter

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

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Federal Court to hear State Farm’s challenge of privacy law

April 5, 2010 by Canadian Underwriter

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

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Motorcycle fatalities on upswing despite record lows for car crash fatalities

April 5, 2010 by Canadian Underwriter

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

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CRTC reconsiders whether telephone insurance sales constitute telemarketing

March 31, 2010 by Canadian Underwriter

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