Intentional Damage
July 31, 2008 Peter GibsonThe NWT Court of Appeal provides a clear and restrictive test for determining liability when damages are intentionally caused by a third party.
Correction (June 01, 2008)
May 31, 2008 byThe chart which appeared in the April/May 2008 article Injury Biomechanics, Addressing Issues of Injury Causation, by Gunter Siegmund, president, and Ismail El Maach, senior engineer, at MEA Forensic Engineers & Scientists contained an error. The chart should have read…
Canadians haven’t learned their insurance ABCs
April 1, 2008 by Canadian UnderwriterAsurprising number of Canadians lack a basic understanding of some of the most fundamental concepts of insurance, according to research conducted on behalf of the Insurance Bureau of Canada (IBC). In a study of 3,220 Canadians, undertaken by the research…
Correction (April 01, 2008)
March 31, 2008 byThe article Alberta’s Court of Appeal Weighs In on the “Use and Operation” of an Automobile as appeared in the Feb/March issue of Claims Canada was incorrectly attributed to Cheryl Canning of Burchell Hayman Parish in Halifax, NS. The actual…
Primer on Liability Claims Investigation
March 31, 2008 byInvestigating liability claims requires many skills. Adjusters must identify and answer questions about coverage under the policy and about whether liability will be assessed against the insured. In addition to using common sense, adjusters must use their analytical skills to…
The Risk House
March 1, 2008 Paul Barlow, Manager Insurance & Claims, South Coast British Columbia Transportation Authority (TranBy expanding the role of the captive to that of the “risk house,” and establishing one focus for all risks, a captive would allow for a more integrated and effective management of risk As corporations continue to grow through mergers…
Protecting our Communities
February 1, 2008 Katherine Bardswick, President And CEO, The Co-Operators General Insurance CompanyInsurers need to work with governments to ensure policyholders are protected from increasing water damage
Denying A Claim
November 30, 2007 byAfter a fair and thorough analysis of a claim, the loss adjuster may have to deliver bad news to the insured. In this article, we will discuss some important factors to keep in mind when denying a claim to the…
Ontario Court upholds liability waiver based on “forseeable” risk
November 2, 2007 by Canadian UnderwriterThe legal test for negligence which would absolve an outdoor equipment provider of liability in a personal injury case is not perfection but rather to design a product so as to eliminate any unreasonable risk of foreseeable injury, the Ontario…
Class Actions: Dawn of a New Era
November 1, 2007 David GambrillIn light of the “new breed” of sophisticated and aggressive plaintiff lawyer that has emerged since the introduction of class action legislation two decades ago, the insurance defence bar is encouraged to re-think a strategy of settling cases early.
Ontario statutory deduction doesn’t apply when determining Rule 49 costs
October 10, 2007 by Canadian Underwriter**CORRECTION** The following article has been amended to correct an error brought to our attention since initial publication Statutory deductions from a plaintiff’s assessed damages, as mandated in s. 267.5(7) of the Insurance Act, are not to be considered in…
What’s New: In Brief (October 02, 2007)
October 2, 2007 by Canadian Underwriter***CORRECTION*** The following item corrects information that appeared in a version of this previously published story. We apologize for the error. Standard & Poors Rating Services increased The Guarantee Co. of North Americas long-term counterparty credit and financial strength ratings…