Claims
Quebec’s Court of Appeal has limited the application of a fairly broad indemnity clause that would have effectively transferred all of a municipality’s risk to a contractor as part of a tendered contract.In Ville de Montréal c. C.M.S. Entrepreneurs Généraux inc., the court found the City of Montreal could not receive compensation for damages arising […]
By Canadian Underwriter | April 29, 2011
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With the province’s auto insurance product now stabilized, the Alberta Insurance Rate Board (AIRB) is now looking into moving toward a file-and-approve regulatory system.AIRB chairman Alf Savage commented in the AIRB 2010 Annual Report that the province’s auto insurance market has seen “greater certainty” in pricing the automobile insurance product. He attributed this to the […]
By Canadian Underwriter | April 28, 2011
Alberta Sheriffs and RCMP laid 4,191 charges across the province over the Easter long weekend, including 406 non-hazardous violations for driving without insurance or with suspended driver licenses.About 83% of the total number of charges were speeding violations. Twenty-eight were for hazardous violations including careless driving and stunt-driving.A total of 98 charges were for seatbelt […]
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Ontario’s auto reforms have followed insurers’ expectations in many respects, but that doesn’t appear to include a simplified, less expensive process for insurers.Speaking at the Insurance Bureau of Canada (IBC)’s Financial Affairs Symposium on Apr. 21, Aviva Canada president and CEO Maurice Tulloch gave a slide presentation on ‘An Insurer’s View’ of the Ontario auto […]
By Canadian Underwriter | April 26, 2011
Using a new procedural rule designed to expedite proceedings, the Supreme Court of Nova Scotia has allowed an insurance case to proceed to determine “a question of law” – i.e. whether an insurance policy coverage limit was $400,000 or $19 million – even though the plaintiffs and insurers disagree about facts relevant to the question.In […]
By Canadian Underwriter | April 21, 2011
The Ontario Bar Association will award James Simmons and Paul Lee with its 2011 OBA Award for Excellence in Insurance Law.Toronto-based Lee is the founder of Paul Lee & Associates, a boutique civil litigation firm. He was called to the Bar in 1952 and is considered a leading expert in the areas of personal injury, […]
A string of catastrophic activity in 2010 and 2011 Q1 has chipped away at the reinsurance industry’s capital cushion, says A.M. Best, further cautioning that if the industry continues to underwrite at a loss and investment opportunities remain lacklustre, the financial rating agency would consider changing the sector’s rating from stable to negative.In its report, […]
Colorado State University’s Tropical Meteorology Project forecast team is predicting an above-average 2011 Atlantic basin hurricane season, calling for 16 named storms to form in the Atlantic basin between June 1 and Nov. 30. Nine of those named storms are expected to turn into hurricanes. Five are predicted to develop into major hurricanes (Saffir/Simpson Category […]
By Canadian Underwriter | April 20, 2011
In-person medical examinations to determine catastrophic impairment are not the same as in-person medical assessments to determine entitlements to income replacement benefits (IRBs), an Ontario arbitrator has found.The Financial Services Commission of Ontario (FSCO) made the ruling in Meghan Innes and Intact Insurance Company. Innes was injured in an auto accident on Jan. 26, 2008.”Although […]
Simon Bernstein has joined the underwriting and customer service department of LawPro as assistant vice president of underwriting. Bernstein brings extensive experience as a practising lawyer and in the insurance sector, including risk assessment, loss control and claims management. Gerry Gill recently joined the claims group as unit director and counsel of litigation. Gill was […]
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