Claims
Kelly Santini LLP, an Ottawa-based law firm with a large insurance defence group, is the first Canadian firm to join USLAW Network.USLAW Network is a national organization of more than 60 independent member firms covering 47 states, Canada and Latin America. These firms provide legal representation to major corporations, captive insurance companies and large and […]
By Canadian Underwriter | July 19, 2011
1 min read
The Ontario Court of Appeal’s decision in Caneast Foods Limited v. Lombard General Insurance Company of Canada demonstrates the limitations on insurers that attempt to use catch-all exclusions in insurance policies, according to Hartley Lefton of McMillan LLP.In a paper published by the International Law Office, Lefton suggests reconsidering the drafting of exclusions intended to […]
2 min read
Alberta’s department of finance and enterprise has outlined changes to the Alberta Insurance Act that will go into effect on July 1, 2012.Legislative amendments to the act include the following:•Legislation will require statutory conditions to be incorporated into multi-peril property contracts. “This will provide clarity for future claims,” the government says in a press release […]
By Canadian Underwriter | July 18, 2011
The insurance industry is calling for the accreditation and regulation of assessment clinic ownership to help put the brakes on fraudulent accident benefits claims. Fake accident treatment charges are costing insurers roughly $1.3 billion, a recent Toronto Star article says, citing unnamed sources in the insurance industry.To combat the fraudulent abuse of the system, IBC […]
By Canadian Underwriter | July 15, 2011
Legal counsel representing claimants in Ontario arbitrations are not required to docket their hours in order for claimants to receive their legal expenses at the high range of the scale determining hours worked, an Ontario arbitrator has ruled. In Kamal Gogna and State Farm Mutual Insurance Company, an arbitrator at the Financial Services Commission of […]
By Canadian Underwriter | July 14, 2011
The $265 billion in economic losses due to catastrophes in the first half of 2011 make it the highest loss year on record, exceeding $220 billion for the devastating year of 2005 as a whole, reports Munich Re.The loss amount in 2011 H1, arising from an “exceptional accumulation of very severe natural catastrophes,” was more […]
By Canadian Underwriter | July 12, 2011
Insurance companies are being encouraged to continue working towards a Jan. 1, 2013 Solvency II implementation date, even though The Council of the European Union has proposed a delay of the final Solvency II deadline until January 1, 2014. Solvency II is an updated set of regulatory requirements – including capital requirements – for insurance […]
By Canadian Underwriter | July 11, 2011
Recent changes to the Agreement on Internal Trade (AIT) and the Ontario Labour Mobility Act are now in effect, making it easier for licenced general insurance agents and adjusters outside Ontario to apply for and receive a licence in Ontario for the same occupation.The AIT is an intergovernmental agreement signed by Canada’s premiers and came […]
By Canadian Underwriter | July 8, 2011
The Insurance Council of Manitoba is recommending to the Government of Manitoba that the incidental sale of insurance be regulated by way of a restricted insurance agent license.The approach is similar to that taken in Alberta and Saskatchewan.Under the council’s proposed regulatory framework, organizations eligible for a restricted licence to sell insurance products include, among […]
By Canadian Underwriter | July 7, 2011
B.C. has changed its Insurance Act to protect innocent co-insureds from coverage exclusions if a loss is caused by the criminal act of another person co-insured on the same policy.Based on the wording of the law, a policy exclusion would apply to a person who:•committed the act or omission that led to the loss or […]
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