Industry

Insurer appeal dismissed, exclusion language found ambiguous

An insurer has a duty to defend an insured against a plaintiff’s claim for bodily injury arising from his exposure to mould and/or bacteria despite a policy exclusion that suggests otherwise, an Ontario court has ruled.The court also disallowed the insurer from requiring the insured to retain counsel of the insurer’s choice.In Appin Realty Corporation, […]

By Canadian Underwriter | February 12, 2008

1 min read

Investigation continues into alleged collision ring

Toronto Police Service (TPS) and the Insurance Bureau of Canada are continuing a criminal investigation into the activities of a ring that allegedly staged vehicle collisions for the purpose of committing insurance fraud, according to a TPS release. The allegations have not been proven in court.The TPS alleged that in this scheme, wrecked vehicles, which […]

By Canadian Underwriter | February 12, 2008

1 min read

Alberta court strikes down cap on minor auto injuries

Alberta’s Court of Queen’s Bench has struck down the Cdn$4,000 cap on minor injuries that arise from the use or operation of a motor vehicle, deeming it to be unconstitutional. In Morrow v. Zhang, two plaintiffs, Peari Morrow and Brea Pederson, suffered soft tissue injuries arising out of two separate automobile accidents, Associate Chief Justice […]

By Canadian Underwriter | February 11, 2008

2 min read

Personal Property Security Act does not apply to a transfer of interest under policy of insurance

The Personal Property Security Act (PPSA) does not apply to a transfer of interest i.e. such as a vehicle to an insurer under a policy of insurance, the Ontario Superior Court of Justice has confirmed.In GE Canada Equipment Financing v. ING Insurance Company of Canada, GE asked the court to declare its security interests in […]

By Canadian Underwriter | February 11, 2008

2 min read