Claims
The Government of Newfoundland and Labrador has recently enacted its new impaired and distracted driving laws.The legislative changes authorize police to use traffic safety stops as a means of determining whether drivers are impaired, driving while suspended or driving without insurance, among other serious offences.Also, the laws:
By Canadian Underwriter | November 17, 2010
1 min read
The B.C. Supreme Court has upheld a “pollution exclusion” in a residential property damage case, in which an above-ground storage tank for home-heating fuel oil leaked and damaged the insured’s vacation home.In Corbould v. BCAA Insurance Corporation, the insured’s property policy said: “We do not insure…(8) loss or damage caused by contamination or pollution, or […]
By Canadian Underwriter | November 16, 2010
2 min read
A British Columbia Supreme Court decision in January 2010 has reaffirmed the validity of amending the fundamental terms of a marine insurance contract by an endorsement, according to an article published by Borden Ladner Gervais LLP.In the article, Beware of Insurance Policy Endorsements, authors Graham Walker and Dinoysios Rossi note the B.C. Supreme Court ultimately […]
A “large bulk” of scientific evidence shows exposure to electro-magnetic fields (EMF) from mobile phones does not cause cancer, although not enough long-term data is available to rule out the risk conclusively, Lloyd’s of London says in a November 2010 report, Electro-Magnetic Fields From Mobile Phones: Recent Developments.The report likens insurers’ exposure to EMF from […]
By Canadian Underwriter | November 15, 2010
*** CORRECTION***This item corrects an item posted on Nov. 12, 2010. In the original item, an error was made in the first paragraph, and should have said that plaintiffs must show a cause of action against the defendants named in a class action suit. Canadian Underwriter apologizes for the error. Saskatchewan’s Court of Appeal will […]
Ontario’s loss transfer rules can apply to an insurer with operations in the United States in relation to a loss that occurred in the United States, Ontario’s Court of Appeal has ruled in a brief endorsement.In Primmum Insurance Company and Allstate Insurance Company, a resident of Ontario was injured in a car accident while driving […]
By Canadian Underwriter | November 11, 2010
Attendant care provided over the phone is becoming increasingly common, but this is not the same level of care as custodial care, cautions Phillipa Samworth, partner at Dutton Brock. “This is what I call ‘phone sex’ attendant care,” she said, speaking at a seminar hosted by the rehab firm VPI on Nov. 5. “You know […]
A British Columbia arbitrator’s definition of “roadworthy” has withstood a challenge at the B.C. Court of Appeal, in a case in which the province’s auto insurer revoked its accredited status of a collision repair shop.The Insurance Corporation of B.C. (ICBC) cancelled the status of Hanna Collision Repair as an ICBC accredited collision repair shop and […]
By Canadian Underwriter | November 10, 2010
Regulators should abandon trying to define catastrophic impairment and focus instead on defining those who are “less hurt,” said George Cooke, president and CEO of The Dominion of Canada General Insurance Company.Cooke spoke at an Insurance Brokers of the Toronto Region (IBTR) luncheon on Nov. 9.The recent rounds of auto reform in Ontario were a […]
By Canadian Underwriter | November 9, 2010
Finding an insured’s act to be “negligent” (but not intentional) in a liability trial does not preclude a finding that the insured’s act might also be “criminal” during a subsequent trial on insurance coverage, the Alberta Court of Appeal has found.In Raywalt Construction Co. Ltd. v. Allstate Insurance Company, a trial court found Timothy Witoshynski […]
By Canadian Underwriter | November 8, 2010
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