Segment
Claims
Quebec Appeal Court says manufacturer’s extended warranty is not an insurance contract
October 10, 2008 by Canadian UnderwriterThe Quebec Court of Appeal has found that the “Extra Care Protection” contract of a vehicle manufacturer is a warranty, not an insurance contract, thus reversing a lower court decision that found the opposite.In making its decision in the Automobile…
PartnerRe predicts its 2008 Q3 combined ratio will be 95-96%
October 10, 2008 by Canadian Underwriter**CLARIFICATION** PartnerRe was earlier reported to have predicted an industry combined ratio of between 95-96%, when in fact the company was predicting its own combined ratio. PartnerRe Ltd. (NYSE: PRE) predicts its 2008 Q3 combined ratio (COR) will be 95-96%,…
Loss ratios increase for Saskatchewan hail, auto insurers
October 9, 2008 by Canadian UnderwriterSaskatchewan non-life insurers saw their loss ratios increase 6.4% in 2007, according to statistics recently released by the provincial insurance regulator.In total, Saskatchewan’s non-life insurance industry showed a loss ratio of 64.8% in 2007, up from 60.9% in 2006.Hail insurance…
Insurer to pay costs in “mixed” defence, even if they relate to uninsured claims
October 8, 2008 by Canadian UnderwriterIn a lawsuit involving “mixed claims,” some of which are insured under a policy and some of which are not, the costs of defending a lawsuit should be apportioned between an insurer and an insured based on the operative language…
Judge should determine whether injury is serious and permanent prior to jury deliberations
October 7, 2008 by Canadian UnderwriterOntario courts should consider if it would be best for a trial judge to determine whether or not an injury meets Ontario’s threshold test of a “permanent, serious impairment” prior to a jury deliberating on the outcome of the case,…
Minor auto injury claimants do not have “immutable” characteristics eligible for Charter protection: lawyer
October 6, 2008 by Canadian UnderwriterMinor auto injury claimants suffering from temporary disabilities do not have the same “immutable” characteristics required to receive constitutional protection against discrimination, insurers’ counsel have argued on appeal in Alberta.Alan D’Silva, a partner at Stikeman Elliott LLP, presented to the…
Canadians homes and businesses estimated to be underinsured by Cdn$11 billion
October 6, 2008 by Canadian UnderwriterAbout 80% of Canadian houses today are undervalued by 27%, which hasn’t changed since 1995, according to Peter Wells, president of Marshall & Swift/Boeck (M&S/B), a provider of building cost technologies.In addition, 60% of commercial buildings are undervalued by 40%.In…
Collateral investigation of H.A.R.M files key
October 3, 2008 by Canadian UnderwriterThere are a small percentage of bodily injury claims that represent a high exposure for an insurance company based solely on the credibility of the plaintiff, Marc Gorbet, lawyer, Gerald A. Swayne & Associates, told delegates at the Annual Toronto…
Validity of accidents should be questioned where SABS claims are involved
October 3, 2008 by Canadian UnderwriterAn insurance company can put itself in a much better position if it questions the validity of an accident when Statutory Accident Benefit Schedule (SABS) claims are involved, John Desjardins, partner, Regan Desjardins, told delegates at the Toronto Fraud Forum…
The Shumka Group changes its identity to SCM Insurance Services
September 26, 2008 by Canadian UnderwriterThe Shumka Group has unveiled new corporate identities for itself and its three operating companies, SCM Adjusters Canada Ltd., Forensic Investigations Canada (FIC) and Risk Management Services (RMS).The parent company, previously known as The Shumka Group, will now be known…
Supreme Court denies leave to appeal in Ontario contributory negligence case
September 25, 2008 by Canadian UnderwriterThe Supreme Court of Canada has dismissed an appeal of the Ontario Court of Appeal decision in Debbie Rizzi v. George Mavros, in which the Ontario appellate court found a trial judge had erred in his jury instructions on the…
What’s New: In Brief (September 24, 2008)
September 24, 2008 by Canadian UnderwriterCunningham Lindsey Canada Claims Services Ltd. has opened an office in Kelowna, B.C., and has appointed Scott Jordan as district manager.Jordan has spent 10 years with the Insurance Corporation of British Columbia as a special investigations unit officer and special…