Canadian Underwriter


News Claims CanadaInsuranceLegal

Dirt bike coverage dispute could reach Supreme Court of Canada

January 30, 2020 by Greg Meckbach

If an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced

News AdjustersClaimsClaims CanadaInsuranceLegal

Why these homeowners lost their negligence lawsuit against a Hub brokerage

January 24, 2020 by Greg Meckbach

British Columbia’s top court recently sided with a Hub International brokerage in a case in which a client sued the brokerage and the insurer for coverage that was denied because a building damaged by fire contained a legal medical marijuana

News ClaimsInsurance

Adjudicating claims and setting claims reserves are different, right?

January 21, 2020 by David Gambrill

An Ontario court has rejected an attempt by claimants in a bad faith claim against an insurer to blur the line between claims adjudication and setting claims reserves, ruling that the insurer’s “records pertaining to reserves” were irrelevant to how

News ClaimsClaims CanadaLegalRestoration

Couple sued over basement flooding after selling fixer-upper

January 20, 2020 by Greg Meckbach

A Kelowna couple have been sued for $168,000 after a house they sold suffered basement flooding. In Brunning v. Cummings, released Jan. 13, Supreme Court of British Columbia Justice Gordon Weatherill awarded the damages to Cheri and Joel Brunning. The

News ClaimsClaims CanadaLegislation / Regulation

Roadside licence suspensions for impaired drivers faces court challenge

January 15, 2020 by Greg Meckbach

The British Columbia law intended to immediately get impaired drivers off the road could be headed – yet again – to the Supreme Court of Canada. Canada’s top court announced Jan. 10 that Larry Edward Lemieux has applied for leave

News InsuranceLegal

Could auto liability cover negligent parenting lawsuit?

January 13, 2020 by Greg Meckbach

If you allow your child to ride in a vehicle allegedly driven by an impaired driver, and your child sues you for negligent parenting, does the vehicle liability policy cover you? Not as it stands. But the question could be

News AdjustersClaimsInsuranceLegal

Did the threshold for special awards against insurers just sink lower?

January 9, 2020 by David Gambrill

A recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In

News EngineeringInsuranceLegal

Why this town is not liable for electric shock hazard at sports field

January 8, 2020 by Greg Meckbach

An Ontario municipality was recently found not liable for an electrical hazard created when a light pole at a sports field was struck by lightning, allowing the light to continue functioning while letting current leak into the ground near the

News InsuranceLegalRisk

What risk managers can learn from Supreme Court ruling in favour of Canada Post

January 8, 2020 by Greg Meckbach

How should risk managers handle situations where their workers could encounter hazards off site? A recent Supreme Court of Canada ruling in favour of Canada Post could provide some guidance, a lawyer suggested Tuesday to Canadian Underwriter. “It is now

News Legal

Why phone evidence fell short in this triple-collision fraud lawsuit

January 7, 2020 by Greg Meckbach

An insurer suspicious about a vehicle accident obtains evidence that the occupants of the different vehicles were talking by phone to one another. But without knowing exactly who was talking and what the vehicle occupants were talking about, this type

News InsuranceLegal

What can go wrong if adjuster fails to obtain coroner’s report

January 3, 2020 by Greg Meckbach

An auto insurer wants to deny liability coverage because its client had alcohol in his blood when he died. The thing is, the insurance company didn’t know its client had alcohol in his blood for three years, which is how

News ClaimsInsurance

What the judge said when a trial lawyer accused an insurer of “playing hardball” with his elderly client

December 31, 2019 by David Gambrill

An elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario