Claims
Brokers and industry stakeholders across Canada generally support the introduction of Administrative Monetary Penalties (AMPs) in jurisdictions that do not currently have them - particularly in Ontario. AMPs are viewed as a middle ground between a "slap on the wrist" and quasi-criminal proceedings, enabling insurance regulators to issue a penalty proportionate to the infraction.
By Vanessa Mariga | September 30, 2011
15 min read
Insurance Bureau of Canada (IBC) is holding up its voluntary Code of Conduct for Insurers’ Use of Credit Information as the basis for some kind of regulatory framework on credit scoring.Such a regulatory framework would be an alternative to banning the use of credit scoring outright.IBC made the suggestion in a submission responding to an […]
By Canadian Underwriter | September 30, 2011
1 min read
The Insurance Brokers Association of B.C. (IBABC) maintained its support of a ban against credit scoring in a submission to the Canadian Council of Insurance Regulators (CCIR).But if credit scoring is to be allowed, the regulatory framework should follow that of the National Conference of Insurance Legislators (NCOIL) in the United States, IBABC’s submission says.NCOIL […]
2 min read
A fitness club with limited dumbbells for exercising was not responsible for a patron fracturing her wrist while participating in a “frenzy” to grab the available weights, the Ontario Superior Court ruled in an April 2011 Occupiers’ Liability Act case. Dutton Brock, in its publication E-Counsel, cited the court’s judgment in Soares v. Premier Fitness […]
September 30, 2011
The interpretation of ‘ordinary driver’ in Ontario’s courts has expanded to include those drivers who “sometimes make mistakes,” and has thus increased municipalities’ exposure to liability for not keeping safe roads. Steven Stieber, a managing partner at Stieber Burlach LLP, spoke as a panel member during ‘The Rising Cost of BI Claims: Why You Should […]
Victims of a privacy breach may no longer have to rely on proving economic loss as a result of the privacy breach to sustain a third party action. They can also show the breach caused mental anguish. Aaron Konarsky, director of risk management and integrated controls at Canada Lands Co., spoke as a panel member […]
A man who sustained a head injury while repairing a truck is not eligible for accident benefits because repairing a vehicle does not constitute “the use” of a vehicle, and hence the man was not involved in a motor vehicle “accident,” an Ontario arbitrator has ruled. In John Earl Olesiuk and Kingsway General Insurance Company, […]
Insureds injured in motor vehicle accidents are now worse off as a result of Ontario’s auto insurance reforms, according The Alliance of Community Medical and Rehabilitation Providers. The Alliance has 80 member companies and represents 3,500 health care providers, including physiotherapists, occupational therapists, speech language pathologists, chiropractors, psychologists, rehabilitation therapists, social workers, personal support workers […]
The Ontario Superior Court of Justice ruled against awarding punitive damages against Chubb Insurance Company of Canada in a case involving the destruction of a high-end art collection in a 1997 fire. In doing so, however, the court ruling took the insurer to task for accepting and binding the risk without conducting an inspection of […]
I am certainly looking forward to the year ahead as national president of CIAA. Friends and colleagues have asked me if I am nervous about taking on this important position. Quite frankly, I am not. In fact I am excited. Mainly because of the great executive team we have leading the CIAA. First and foremost, […]
By Greg Merrithew | September 30, 2011
3 min read
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