Claims

Ontario Superior Court dismisses claim that insurer’s investigation constituted abuse of process and conspiracy

The Ontario Superior Court ruled that a plaintiff’s claim that an insurer’s investigation constituted abuse of process and conspiracy was scandalous, frivolous and vexatious. In Pontillo v. Zinger et. Al., Antoinetta Pontillo was involved in a car accident with Todd Schaefer in 2003. Pontillo sued Schaefer for damages resulting from the accident. Dominion of Canada […]

By Canadian Underwriter | October 8, 2010

2 min read

Insurer’s exemption ruled invalid because it is written in the present tense

The Ontario Court of Appeal has ordered The Personal Insurance Company to defend two homeowners accused of negligently representing the condition of their home in a sale to others, because the exclusion meant to cover ‘breach of contract’ was written in the present – not the past – tense.In McGrimmon v. The Personal Insurance Company, […]

By Canadian Underwriter | October 7, 2010

2 min read

Lower discount rate in Ontario means adjourning trials into 2011 could cost insurers “several hundred thousand dollars”: lawyer

The reduction of Ontario’s discount rate for catastrophic injury trials could significantly increase the future care and future loss of income costs for insurers, warns Stephen R. Moore, a lawyer with Blaney McMurtry.In the bulletin, Don’t Adjourn This Fall’s Large Trials: It Could Cost You Several Hundred Thousand Dollars, Moore explains that the discount rate […]

By Canadian Underwriter | October 4, 2010

2 min read

Insurers urged to get written conflict-of-interest statements from law firms and treatment/assessment facilities

Insurers wishing to expose potential insurance fraud should be getting written conflict-of-interest statements from legal, treatment and assessment facilities, a fraud investigator suggests.Donna Ford, an insurance fraud investigator with Northwood & Associates, addressed the topic of insurance fruad at the Annual Toronto Fraud Forum on Sept. 29. The Association of Certified Fraud Examiners and the […]

By Canadian Underwriter | October 4, 2010

1 min read