Regulations for insuring self-driving cars required sooner rather than later, lawyers say
May 27, 2022 by David GambrillCanada is not ready to insure even partially automated vehicles (AVs), but the move towards fully-automated vehicles could be here by as early as 2026, warn lawyers at Borden Ladner Gervais LLP. Provincial legislatures will therefore need to update their…
Fume all you want, don’t hit erratic drivers in front of you
May 26, 2022 by David GambrillNo matter how much a driver might fume about the slow driver ahead, the driver behind him is still responsible for maintaining a safe distance to avoid a collision — even if the slow driver tries to block the driver…
Insurers must defend, even if damage falls below the deductible
May 24, 2022 by David GambrillInsurers have a duty to defend in construction cases involving policy exclusions for a “work performed” or “own work,” even if the amount of property damage claimed falls under the policy deductible, Ontario’s Court of Appeal has ruled. In GFL…
Tow truck driver granted “absolute discharge” for his role in staged collision
May 19, 2022 by David GambrillOntario’s Court for Appeal has given an “absolute discharge” to a tow truck driver who pleaded guilty to fraud under $5,000 – and served a six-month conditional sentence – for his role in a staged collision that cost two insurers…
New innocent co-insured law does not apply retroactively: Appeal Court
May 18, 2022 by David GambrillOntario’s new innocent co-insured law does not apply retroactively to claims events that happened before the legislation was passed, the Ontario Appeal Court has ruled. The co-insured rule restricts application of insurers’ policy exclusions for criminal acts only to those…
Car owner vicariously liable for crash despite reporting her vehicle stolen
May 13, 2022 by David GambrillA car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the…
Appeal Court green-lights key feature of B.C.’s no-fault auto reform
May 12, 2022 by David GambrillA central pillar of the B.C. government’s auto insurance reform — that the province’s Civil Rules Tribunal (CRT) has exclusive jurisdiction to determine minor injuries below $50,000, and not the courts — has been found constitutional by the B.C. Appeal…
What auto insurers need to deny coverage based on alleged suicide attempt
May 11, 2022 by David GambrillEditor’s Note: This article has been corrected so that all incorrect references to Unica have been replaced with correct references to Optium. Canadian Underwriter apologizes for the error. If an insurer wishes to deny auto coverage to an injured…
Don’t investigate fraud suspicions indefinitely, court tells insurer
May 6, 2022 by David GambrillIf an insurer suspects fraud in a house fire contents claim, it might be better to deny the claim within 60 days, alleging fraud, rather than to prolong the claims investigation indefinitely while asking for documentation from the insured that…
Insurance investigators: Be on guard when sharing info with police
May 5, 2022 by David GambrillInsurance investigators need to be on their guard about sharing information with police, lest they breach their duty of good faith to their insureds, note lawyers for Borden Ladner Gervais, referencing a 2021 Alberta Court of Queen’s Bench decision. The…
$200K liability limit triggered in suicidal driver’s auto policy
May 4, 2022 by David GambrillThird-party drivers injured in an accident caused by the criminal action of a suicidal driver cannot claim more than the minimum $200,000 liability limit in the suicidal driver’s policy because of a public policy rule enshrined in the New Brunswick…
Good news for Quebec’s D&O insurance market
May 3, 2022 by David GambrillQuebec has taken a big step towards aligning its duty to defend rules with those of other Canadian provinces, meaning certain insurance contracts in Quebec will be exempt from a legal requirement to pay for insurance defence costs above and…