Claims
An Ontario trial judge erred by not considering the mitigating factor on costs of a reasonable settlement offer that did not conform to the Rules of Civil Procedure, the Ontario Court of Appeal ruled in a consolidated auto injury tort action that turned on the joint and several liability of co-defendants.In Lawson v. Vierson, Martha […]
By Canadian Underwriter | January 25, 2012
2 min read
Fracking, a hydraulic process used to extract gas from shale formations, is one of several, lesser-known energy risks facing the environmental insurance industry in 2012, according to bloggers writing for WillisWire.”There is much debate and concern surrounding fracking due to the chemicals utilized-for example acids to dissolve minerals and create cracks and surfactants to make […]
By Canadian Underwriter | January 24, 2012
1 min read
New research by the University of Tokyo’s Earthquake Research Institute suggests a 70% chance that a Magnitude-7 or greater earthquake could hit the Tokyo region sometime over the next four years.This new research, widely reported in the media, considerably steps up the timetable that such an event might happen in the future. The Earthquake Research […]
The Ontario Court of Appeal has found that in a priority dispute between insurers, the first insurer to receive a claim for accident benefits cannot claim it did not receive a “completed application” if it was not diligent in investigating the missing information.In Ontario (Finance) v. Pilot Insurance Company, an unidentified motorist hit an uninsured […]
By Canadian Underwriter | January 20, 2012
3 min read
The Ontario Court of Appeal has recognized the invasion of a person’s privacy as a common law tort, and not just an infraction under the Personal Information Protection and Electronic Documents Act (PIPEDA) In Jones v. Tsige, the appellant, Sandra Jones, discovered that the respondent, Winnie Tsige, had been looking at her banking records without […]
A New Jersey law intended to help police officers enforce graduated licence requirements has failed to lead to better compliance with the restrictions, an Insurance Institute for Highway Safety (IIHS) study has found. Since May 1, 2010, New Jersey has required all drivers younger than 21 with learner’s permits or probationary licences to display red […]
By Canadian Underwriter | January 19, 2012
Insurance companies in Ontario are now turning down an increasing percentage of requests for the assessment and treatment of serious (non-minor) injuries sustained by motor vehicle accident victims, according to a survey of Ontario rehabilitation providers.The Alliance of Community Medical and Rehabilitation Providers commissioned the survey, which was promoted in a press release on Jan. […]
An auto body mechanic who had a verbal agreement with his employer, no paycheque or any other written record of his employment – and who completed only two weeks of work before he was seriously injured in an auto accident – is an employee for the purposes of calculating his income replacement benefits, an Ontario […]
By Canadian Underwriter | January 18, 2012
More than half of claims made against insurance brokers between 2007 and 2010 related to new business, prompting a warning shot across the bow to the industry to focus on the fundamentals even as pressure is high to write new business.Hugh Fardy of CG&B Group presented Insurance Brokers Loss Control and Risk Management, Claims Trends […]
By Canadian Underwriter | January 17, 2012
A new Swiss Re study reveals low earthquake insurance penetration globally, even in countries with high seismic risk.”Seismic events caused economic losses of over $276 billion in 2010-11, yet highly earthquake-prone countries remain underinsured,” says the Swiss Re report, Lessons from recent major earthquakes. “The insurance industry will pay an estimated 80% of the overall […]
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