No Contract is an Island
March 31, 2015 Michael S. Teitelbaum, partner, Hughes Amys LLP|Michael S. Teitelbaum, partner, Hughes Amys LLPHow the Supreme Court of Canada “Sattva” decision may affect insurance policy interpretation.
Underinsurance – Broker Liability
March 1, 2015 by Canadian UnderwriterIn a case of loss involving underinsurance, broker liability can be at play. A 2014 ruling by the Quebec Superior Court reiterates that as a “licensed professional,” a damage insurance broker has a duty to provide clients with sound advice and to direct them towards the right resources and information to help them obtain suitable insurance coverage.
Breach teach
December 1, 2014 Bobbie Goldie, Vice President, Professional Risk, ACE GroupThere is a need for more information about privacy insurance in Canada. Any organization that collects, transmits or stores customer, employee sensitive personal or corporate information should consider buying the insurance, but a number of important factors must be reviewed prior to purchase.
Beyond Limits
December 1, 2014 Colleen DeMerchant, General Manager, Nuclear Insurance Association of CanadaThe Nuclear Liability and Compensation Act, now being reviewed by the Senate, will ultimately increase the liability limit for operators of nuclear facilities to $1 billion, contain expanded definitions of compensable damage, provide a longer limitation period for submitting compensation claims for bodily injury, and allow Canada to become a party to the Convention on Supplementary Compensation for Nuclear Damage.
Quake Stakes
November 1, 2014 Mary Lou O'Reilly, Senior Vice President, Issues Management and Communications, Insurance Bureau of CanadaExperts agree a big earthquake is coming to Canada. So why are people not getting prepared? Exactly where and when the “big one” will hit can only be surmised, but preparedness has been lackluster for an event that will undoubtedly prove costly for everyone from governments to consumers, insurers and reinsurers.
Interpretation Clarified
October 1, 2014 Albert Wallrap, Associate, Dutton Brock LLPA new ruling by Canada’s highest court clarifies contractual interpretation. Trial judges and arbitrators of first instance now have a more enhanced role over contractual interpretation, and one may expect fewer appeals on what a contract says and for commercial arbitration decisions to be less reviewable by courts.
The Liability Line
September 30, 2014 Craig Harris, Freelance WriterCasualty premiums account for roughly 10 per cent of the overall insurance market in Canada. However, the severity of long-tail liability claims can put disproportionate pressure on adjusters to effectively manage and adjudicate losses. Key risks, such as asbestos and tobacco, have had a huge impact on insurance companies when it comes to reserving for future claims. What are the current risks that insurers and independent adjusters should have on their radar screen? And what emerging exposures may cross the liability line?
P3 and Potential Losses
September 30, 2014 Sean Forgie, national director, casualty/liability, major loss services, Cunningham LindseyHow the investigation of public-private partnership (P3) claims poses challenges for adjusters.
The Related Claim
September 30, 2014 Jared D. Epp, lawyer, Robertson Stromberg LLPA single related claim must involve analysis of specific facts around each allegation and cause of action.
Into the Breach
September 1, 2014 Nate Spurrier, Director of Business Development, IDT911A significant percentage of data breaches are caused by weak passwords, insecure computer network portals and lost smartphones. Policyholders should be encouraged to draft incident response plans and to contact their brokers or carriers as soon as a breach is discovered, in order to access experts such as forensic experts, legal counsel and crisis management specialists.
Perception vs Reality
September 1, 2014 Andrew Lo, Chief Marketing Officer, Kanetix.caThe results of a recent survey suggest that providers of usage-based auto insurance need to educate clients about how the data insurers collect on driving behaviour is used, how this information will affect their rates and how telematics can improve safety while reducing claims frequency.
Lessons from a Disaster Zone
August 1, 2014 Alex Vinden, Associate, Giffin KoerthLessons learned on the ground from the EF2-rated tornado that touched down in Essa Township June 17 could prove of value to communities, responding agencies and insurers in future disasters.