Claims
Argentina has changed its reinsurance rules, cautions the insurance broker Marsh.”Argentine Superintendency (SSN) mandated last month that reinsurance in Argentina must be purchased through national or registered reinsurers,” Marsh Canada notes on its Web site. “This resolution follows the measures Argentina adopted in compliance with the Financial Action Task Force (FATF-GAFI), a global anti-money laundering […]
By Canadian Underwriter | March 10, 2011
1 min read
The widow of a common-law husband, who died without a Will as a result of injuries from a fire that engulfed their insured home, cannot receive the balance of the home insurance payment until her husband’s estranged children can be contacted, the New Brunswick Court of the Queen’s Bench has ruled.In the same ruling, Stanley […]
2 min read
The Ontario Superior Court of Justice has voided a release waiving all claims against a defendant and his insurer in an auto accident claim, based on the fact that the insurance adjuster had used his unequal bargaining power to lowball a settlement agreement with the plaintiff.Specifically, the court noted the adjuster did not share information […]
By Canadian Underwriter | March 9, 2011
PartnerRe Ltd. (NYSE, Euronext:PRE) estimated its losses following the February 2011 earthquake near Christchurch, New Zealand to be in the range of between $180 million and $240 million. The Magnitude-6.3 earthquake resulted in at least 165 deaths and caused billions of dollars of insured damage to both commercial and residential property.PartnerRe said its estimated exposure […]
An insurance company cannot presume a policyholder knows his or her insurance has been cancelled when a registered letter informing the insured about the cancellation is stamped “unclaimed” by Canada Post, an Ontario arbitrator has found.Marcia Walker was injured in a motor vehicle accident on Aug. 11, 2008. She had purchased a President’s Choice insurance […]
By Canadian Underwriter | March 8, 2011
A British Columbia judge has cautioned the insurance defence bar that lawyers should not be swearing affidavits on behalf of clients, except in the most limited of circumstances, and doing so might result in the waiver of solicitor-client privilege.British Columbia Supreme Court Justice Paul Walker made the observation in a videotaped address to the Canadian […]
By Canadian Underwriter | March 7, 2011
International business law firms are aiming to make their way into the Canadian market through tie-ins with local Canadian law firms, including firms working in the insurance area.Most recently, legal media reported United Kingdom insurance specialist Clyde & Co is seeking to expand its influence in Canada. Unconfirmed reports suggest the law firm is in […]
Given the additional time, effort and expense required to try cases involving self-represented litigants, insurers might want to give special consideration to settling these cases early, a Nova Scotia judge observed at the Canadian Defence Lawyers 7th Annual Insurance Symposium held in Toronto on Mar. 4.”There’s not always going to be a good experience [in […]
By Canadian Underwriter | March 4, 2011
3 min read
An insurer’s duty to act in good faith may not actually mean much beyond the standard common law doctrines that apply to insurance contracts, according to Roderick Winsor of Blaney McMurtry LLP.Winsor is the author of Good Faith in Canadian Insurance Law. He spoke as a panelist at the Canadian Defence Lawyers 7th Annual Insurance […]
The Ontario Court of Appeal has upheld a marijuana exclusion clause when landlords tried to make a claim for damages arising from an explosion on their property caused by a tenant running a marijuana grow-up.In Pietrangelo v. Gore Mutual Insurance Company, Valentino Pietrangelo and Antoinette Pietrangelo owned a rental property. The tenants of the property […]
By Canadian Underwriter | March 2, 2011
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