Claims
The Ontario Court of Justice has ruled that a FSCO settlement for income replacement benefits (IRBs) counts as a “collateral benefit” and is therefore deductible from a court award, but a settlement from the Ontario Superior Court related to short- and long-term disability benefits (STD/LTD) is not a collateral benefit, since the settlement notice made […]
By Canadian Underwriter | March 2, 2011
2 min read
Insurers should consider the multiple benefits of remediating fuel spills to pre-spill conditions, even if new Canadian regulatory guidelines for handling and cleaning fuel spill sites apply to contaminated and Brownfield sites and not to domestic fuel spills.John Tidball, environmental lawyer and partner at Miller Thomson, made the comments in response to online news coverage […]
By Canadian Underwriter | March 1, 2011
Hundreds of insurance claims industry guests attended the 5th Annual Post CICMA/CIAA Joint Conference Cocktail on Feb. 8, 2011. Entitled ‘The Big Mingle,’ the event was inspired by the television show Mad Men. Giffin Koerth Forensics and Blouin Dunn LLP hosted the event, which was held at the Maison Mercer in Toronto. The event gave […]
February 28, 2011
1 min read
More than 150 exhibitors from across Canada appeared at the Ontario Insurance Adjusters’ Association (OIAA)’s Professional Development & Claims Conference in Toronto on Feb. 9, 2011. The event featured a trade show and seminars covering a wide variety of timely claims topics. Celebrity hockey player Theoren Fleury was the luncheon keynote speaker.
A motion for leave to appeal Silver v. IMAX Corporation to the Ontario Divisional Court has been denied. IMAX is the first case to consider leave to proceed and class certification tests set forth in Bill 198.A lower court decision in IMAX provided the first interpretation of leave requirements that must be met when shareholders […]
By Canadian Underwriter | February 25, 2011
A long-term monthly disability payment featuring a significant waiting period is still an income continuation plan under Ontario’s Statutory Accident Benefits Schedule (SABS), and is therefore deductible from income replacement benefits (IRBs) paid to auto injury victims, an Ontario arbitrator has ruled.Subsection 7(1) of the SABS provides that IRBs are reduced by net weekly payments […]
An insurance company does not have to pay for counsel retained by an insured to defend the insured’s interests in the event that damages exceed prescribed policy coverage limits, the Ontario Superior Court has ruled. In 137328 Canada Inc. (Alliance Security Systems) v. Economical Mutual Insurance Company, Alliance installed a security system at a warehouse […]
Saskatchewan’s provincial government is launching a $22-million emergency flood damage reduction program to help communities, rural municipalities and individuals prepare for spring flooding.The Emergency Flood Damage Reduction Program is a joint effort between Saskatchewan’s Watershed Authority and the Ministry of Corrections, Public Safety and Policing. The program will provide 100% support for engineering to design […]
By Canadian Underwriter | February 24, 2011
Two years after B.C.’s public insurer introduced facial recognition technology, the Insurance Corporation of B.C. (ICBC) says the new technology has had a dramatic impact on obtaining convictions for identity theft and fraud.”In 2010, the technology – which enables ICBC to compare a cardholder’s image with their existing image on file and with an entire […]
By Canadian Underwriter | February 23, 2011
A Quebec administrative tribunal has ordered the province’s auto insurance protection agency to pay $5,000 to a Quebec man so he can grow and smoke marijuana in his home to help treat injuries he suffered as a result of a 1986 car accident. The man, now in his 40s, cannot be identified under provincial law. […]
By Canadian Underwriter | February 22, 2011
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