Claims

Province looks for ways to keep track of uninsured drivers

Newfoundland is looking for a way to keep better track of uninsured drivers, including an option that would see licence plates following owners. “The government is evaluating the feasibility of reconfiguring the Motor Registration Division’s computer system for this purpose,” Service NL recently told the CBC. But while the province is looking into the idea, […]

By Canadian Underwriter | December 18, 2017

3 min read

Unidentified car claim: Court seeks ‘science’ in expert report

The Supreme Court of British Columbia has tossed out the report of a forensic engineer, which supported the public insurer’s position in an unidentified car case, saying the report relied too heavily on expert opinion and not enough on “science.” In Young v. Insurance Corp. of British Columbia, issued on Dec. 11, the court dealt […]

By Canadian Underwriter | December 18, 2017

3 min read

Court upholds fake gun exclusion, but not because they are illegal

An Alberta judge has taken a dim view of a mutual insurer’s argument that fake guns made of plastic with bright plugs in the barrels are actually replicas prohibited by federal law and therefore excluded from contents coverage under a homeowner policy. In Windsor v. Portage La Prairie Mutual Insurance Company, Portage tried, without success, […]

By Jason Contant | December 18, 2017

3 min read

A Duty of Care in Medical Exams

The duty of care independent medical examiners owe examinees has undergone a significant shift in Canada in the last 20 years. A recent decision of the Newfoundland and Labrador Court of Appeal, Rubens v Sansome, 2017 NLCA 32, confirms independent medical examiners owe a general duty of care to their examinees, even when performing “paper-only” […]

By Danielle Rode, associate, Martin Whalen Hennebury Stamp | December 18, 2017

6 min read