Claims
Insurers defending professionals should be aware of inquest or disciplinary hearings involving insureds, even if these ‘sideshow’ proceedings are not covered under E&O policies, because of the potential impact the proceedings may have on a subsequent civil action that does come under the E&O policy.Jamie Trimble of Hughes Amys LLP raised the issue of the […]
By Canadian Underwriter | October 29, 2010
2 min read
Percentage determinations of psychological impairments cannot be added to percentage determinations of physical impairments to determine whether or not a person has suffered a whole person ‘catastrophic impairment’ under the Statutory Accidents Benefits Schedule (SABS), the Ontario Superior Court of Justice has found.S. 43, Clause 2(1.1)(f) of the SABS states a person has suffered a […]
By Canadian Underwriter | October 28, 2010
Bad faith is no longer a necessary requirement for awarding monetary damages for the breach of a Charter right following a recent Supreme Court of Canada decision, Blaney McMurtry LLP reported in its Insurance Observer.In Vancouver (City) v Ward, a unanimous Supreme Court of Canada upheld a damages award for an unconstitutional strip search and […]
Despite job insecurity and shrinking disposable incomes associated with the global recession, Generation Y adults – those born in the mid-1980s and later – still expect employers to demonstrate a commitment to improving the environment, according to a Leger Marketing poll commissioned by RSA Insurance.”In fact, 77% agree it’s important for their company to be […]
1 min read
An Ontario arbitrator has granted a special award against an insurer that terminated income replacement benefits to a claimant, on the basis that the insurer uncritically relied on a vocational assessment that appeared to have been the product of what the arbitrator described as an “assessment mill.”In making his decision, Financial Services Commission of Ontario […]
By Canadian Underwriter | October 27, 2010
Esporta Wash Systems Inc. no longer has an exclusivity agreement with WINMAR Property Restoration Specialists and Disaster Kleenup Canada (DKC).WINMAR and DKC signed an agreement with Esporta Wash Systems in 2007, giving the two Canadian restoration contractors exclusive rights to use the Esporta technology for the restoration of soft contents. Esporta Wash Systems’ patented and […]
Canada’s solvency regulator, the Office of the Superintendent of Financial Institutions (OSFI), is requiring the actuaries of property and casualty insurance companies to account for changes in the insurers’ estimated claims liabilities.This change will affect the standard annual filing of the Appointed Actuaries Report (AAR), which companies are required to submit to federal and provincial […]
By Canadian Underwriter | October 26, 2010
Just a few steps can mean the difference between a slip-and-fall case and auto insurance accident benefits payments, as illustrated in an arbitration decision issued by the Financial Services Commission of Ontario (FSCO).In Fee Nung Wong and St. Paul Fire & Marine Insurance Company, Fee Nung Wong sought accident benefits after she slipped and fell […]
The Autorité des marchés financiers (AMF) launched penal proceedings against Water Safety Services (WSS), International Water Safety Foundation (IWSF) and Alexandre Beaudoin Bonotto, president of WSS, for allegedly issuing insurance certificates without being licensed.An AMF investigation found that IWSF, a company incorporated in England, was issuing insurance certificates to U.S. clients through WSS, a company […]
Ontario’s insurance regulator needs to get tougher on market misconduct, insurance company CEOs told brokers at the Insurance Brokers Association of Ontario (IBAO)’s 90th Annual Convention in Niagara Falls.Suggestions at the IBAO’s CEO panel discussion included:• a more transparent method to make brokers and the public aware of which companies are not in compliance with […]
By Canadian Underwriter | October 22, 2010
3 min read
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