Canadian Underwriter

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Symptom validity test of auto victim upheld by doctor’s professional review board

August 16, 2022 by David Gambrill

Ontario’s overseer of medical health professionals has rejected a car accident victim’s complaint about an independent medical examiner selected by the auto insurer over the psychologist’s use of symptom validity testing. At the request of his insurer, the claimant saw

Angry elephant in the office
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Client anger: It’s getting tough out there for insurers

August 12, 2022 by David Gambrill

Saskatchewan’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

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Aviva’s Project Bumper: Car repairers lose challenge to FSRA’s cease and desist order

August 5, 2022 by David Gambrill

Correction and Clarification Notice: The following article has been updated to correct errors contained in the originally published version of this story. First and foremost, FSCO’s proposed cease and desist order was not in effect at the time the Wardas

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Auto insurers had it right in accident benefits HST case, Appeal Court rules

August 3, 2022 by David Gambrill

Auto insurers that paid catastrophically impaired accident victims attendant care benefits prior to a regulatory clarification in 2019 do not have to pay provincial sales tax above and beyond the benefit limits outlined in law, the Court of Appeal for

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Brokerage E&O 101: How to win lawsuits against evasive clients

July 27, 2022 by David Gambrill

Taking notes and attaching them to a client’s file as part of an everyday business practice allowed a veteran broker at Wyatt Dowling Insurance Brokers to win a lawsuit launched by her client over two cars that burned up in

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Don’t forget to serve, even if the insurer already knows about the lawsuit

July 26, 2022 by David Gambrill

A claimant in a product liability case must still go through the formal process of serving notice in China of intent to sue a Chinese manufacturer, even if the defendant manufacturer was aware of the claim since 2019, had a

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Splitting costs when ‘other insured’ policy clauses don’t reconcile

July 15, 2022 by David Gambrill

When two insurers offer coverage for the same loss, and each policy states the coverage is in excess of ‘other insurance’ available, both insurers can be expected to split the cost for the insured’s defence and settlement costs, Ontario’s top

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D&O excess policy needs to spell out exceptions from primary policy

July 14, 2022 by David Gambrill

If an excess insurance policy follows the form of a primary policy, and the primary policy offers an option that extends the claims reporting period by a year, the insured is entitled to the same option under the excess policy,

Pathologist doctor holding hammer court as investigation of criminal law cases and civil law cases in some jurisdictions
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Court strikes down cap on costs for auto injury experts

July 13, 2022 by David Gambrill

B.C.’s Supreme Court has struck down as unconstitutional the province’s 6% cap on disbursements for experts in personal injury actions arising from auto accidents – one feature of the Insurance Corporation of B.C.’s attempt to control its auto insurance claims

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Inadmissible evidence good enough to access enhanced auto coverage

July 12, 2022 by David Gambrill

Inadmissible hearsay evidence is enough for a driver involved in a collision caused by an unidentified motorist to access the $1 million limit of her auto policy’s OPCF 44R Family Protection Endorsement, an Ontario court has ruled. “There is no

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How the court bolstered an insurer’s exclusion for privacy breach

July 8, 2022 by David Gambrill

Acting recklessly in breaching the confidential medical files of patients effectively falls within a hospital insurer’s commercial policy exclusion for committing an ‘intentional act,’ Ontario’s top court has ruled. The Ontario Court of Appeal found a hospital insurer, the Healthcare

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Why Intact can’t recover $2.9 million in excess insurance payment

July 7, 2022 by David Gambrill

Intact Insurance has lost its bid to recover $2.9 million it paid above and beyond its $5-million insurance policy limit for cleaning up a 2012 chemical spill in North Bay, Ontario. Ontario’s Court of Appeal rejected Intact’s arguments that it