Segment
Claims
Ontario Superior Court rules “saving harmless” implies a duty to defend
February 19, 2009 by Canadian UnderwriterA title insurer agreeing to “indemnify and save harmless” an insured against a negligence suit has a duty to defend, even if the allegations against the insured ultimately prove to be false or do not fall under the policy coverage.The…
Insurer’s challenge of privacy commissioner’s authority should go to federal court, provincial court rules
February 18, 2009 by Canadian UnderwriterAn insurance company seeking to challenge the authority of Canada’s privacy legislation and the privacy commissioner in an auto injury case will have to go to the Federal Court to make its case, the New Brunswick Court of Appeal has…
ICBC’s Top Five Frauds of 2008
February 17, 2009 by Canadian UnderwriterThe Insurance Corporation of British Columbia’s (ICBC) Special Investigations Unit investigated 2,800 cases of fraud and obtained 54 convictions in 2008. “We estimate fraud and exaggeration costs each of our 3.1 million customers in the range of $100 to $150…
Functional capacity tests should replicate working conditions as closely as possible
February 17, 2009 by Canadian UnderwriterClaims professionals should be aware of the limitations of Functional Capacity Examinations (FCEs), the protocols of which aren’t necessarily conclusive in determining whether or not people with physical injuries will be able to return to work.Elizabeth Chapman, a kinesiologist who…
What’s New: In Brief (February 17, 2009)
February 17, 2009 by Canadian UnderwriterIf Alberta’s Court of Appeal reinstates the province’s cap on minor injuries, the total amount recoverable will be adjusted by 3.8% to Cdn$4,504 as of Jan.1, 2009. When Alberta Court of Queen’s Bench Justice Neil Wittmann struck down the minor…
Number of reported accidents not decreasing
February 12, 2009 by Canadian UnderwriterDespite a decrease in the distance motorists are driving, there is not a decrease in the number of accidents being reported, Rick Tuuri, president of Audatex told delegates at the Canadian Collision Industry Forum in Toronto.“The average collision happens within…
Adjusters should track a claimant’s use of pain medications
February 6, 2009 by Canadian UnderwriterAdjusters should always inquire as to what medications a claimant takes on a regular basis, because the side effects of some of them might be misinterpreted as psychological impairments that form the basis of a claim. “We don’t realize how…
Forensics field changing as needs are changing
February 5, 2009 by Canadian UnderwriterInsurance companies should be looking to hire multi-disciplinary forensic companies as a way to save money time and resources, adjusters heard at an annual association conference.Jamie Catania, principal at Giffin Koerth Inc., discussed the increasingly specialized nature of forensics at…
HCAI roll-out anticipated for 2010
February 4, 2009 by Canadian UnderwriterHealth Claims for Auto Insurance (HCAI), an electronic claims system funded by insurers to the tune of Cdn$20 million, is expected to be rolled out sometime during 2010, the Insurance Bureau of Canada (IBC) has announced.HCAI was designed to be…
9/11 firefighter cautions adjusters on signs of post-traumatic stress
February 3, 2009 by Canadian UnderwriterAdjusters are not immune to strong emotional reactions following a traumatic event that can interfere with their life, delegates of the 42nd annual Canadian Insurance Claims Managers’ Association/Canadian Independent Adjusters’ Association Joint Conference (CICMA/CIAA) in Toronto.Post Traumatic Stress Disorder (PTSD)…
Communication and information key to mitigating property damage losses
February 3, 2009 by Canadian UnderwriterFor claims adjusters, good communication and providing timely information are keys to preventing minor property damage losses from turning into major catastrophes.The subject “Little, Loss? Total Loss?” was the theme of the 42nd annual CICMA/CIAA joint conference held in Toronto,…
Ambiguity requires trial to determine status of unnamed insured
February 2, 2009 by Canadian UnderwriterThe phrase “companies under management control” is too vague to determine whether an unnamed insured — a roofing company hired by Atomic Energy Canada Ltd. (AECL) — is entitled to the AECL’s property policy coverage without the need for a…