Claims

Claimant diagnosed with “borderline personality disorder” allowed to represent herself in accident benefits arbitration

Should a woman diagnosed with a borderline personality disorder be allowed to represent herself in an arbitration concerning auto insurance accident benefits?Yes, the Financial Services Commission of Ontario (FSCO) has ruled.In L.G. and Lombard General Insurance Company of Canada, FSCO arbitrator John Wilson considered whether the claimant in the case, L.G., was entitled to represent […]

By Canadian Underwriter | February 12, 2010

2 min read

Claims

What’s New: In Brief (February 12, 2010)

Insurance Bureau of Canada (IBC) and The Federation of Canadian Municipalities (FCM) have launched The Watershed Awards. The Watershed Awards recognize Canadian municipalities that have taken proactive measures to reduce their vulnerability to storm and wastewater damage. The awards will be part of FCM’s Sustainable Community Awards, which, for the past decade, have recognized the […]

By Canadian Underwriter | February 12, 2010

1 min read

Claims

Class action suit seeks to have Toyota cover vehicle payments until repair is made

A U.S. national class action lawsuit against Toyota Motor Corp. has been filed under the federal racketeering statute.Stanley M. Chesley of the Cincinnati-based law firm of Waite, Schneider, Bayless & Chesley Co. filed the suit in the U.S. District Court for the Eastern District of Kentucky.As of press time, Toyota Motor Corporation was unavailable to […]

By Canadian Underwriter | February 12, 2010

2 min read

Claims

Dyoll Insurance Company liquidators sue Aon Benfield Canada ULC in Supreme Court of Jamaica

The Joint Liquidators (JLs) of Dyoll Insurance Company Limited have commenced proceedings in the Supreme Court of Jamaica against Aon Benfield Canada ULC (formerly known as Aon Re Canada Inc.), seeking damages amounting to roughly US$19.9 million.In a Jan. 27, 2010 notice to creditors (posted on Dyoll’s Web site), the JLs accuse Aon Benfield Canada […]

By Canadian Underwriter | February 9, 2010

1 min read

B.C. Insurance Council proposes new unauthorized insurer rule

The Insurance Council of British Columbia is proposing a new ‘Unauthorized Insurer Rule’ that requires licensed insurers or agents to inform the council in writing if they are conducting insurance transactions under an existing exemption for doing business with unauthorized insurers.“Only licensees who have registered with the council by providing written notification of their intent […]

2 min read

Ontario arbitration case may have widened definition of ‘catastrophic impairment’

Ontario’s definition of a “catastrophic impairment” may have widened as a result of a recent decision by the Financial Services Commission of Ontario, lawyers are saying about the case of Aviva and Pastore.In Aviva and Pastore, a FSCO director delegate ruled there is no inconsistency in defining an auto injury victim as “catastrophically impaired,” even […]

2 min read

Uncertain legal status for a new method of calculating income loss after breadwinner’s death: lawyer

A newer method of calculating loss of income in the event of a breadwinner’s death could save defense costs, said Jamie Dunn, partner at Blouin Dunn LLP.The method is used in situations in which both spouses or partners are breadwinners of a family and one is killed.Courts have expressed differing views on the accuracy of […]

2 min read

Changes to Rules of Civil Procedure create new opportunity for AB litigation

More accident benefits (AB) claimants will likely find themselves in small claims court as a result of the Jan. 1, 2010 changes to Rules of Civil Procedure, said Kadey Shultz, an associate at Hughes Amys, LLP.Shultz spoke on recent decisions and changes to legislation affecting AB claims at the Ontario Insurance Adjusters’ Association conference in […]

2 min read

Claims industry at odds with Privacy Commissioner over masking of third parties in surveillance video

A recent guideline issued by the Office of the Privacy Commissioner of Canada states that third parties must be blurred out in surveillance footage. The OPC published guidelines on covert surveillance in the private sector in May of 2008. By and large, the claims industry had no issue with most of the recommended practices, save […]

2 min read

CSA reports decrease in enforcement activities for 2009

Canadian Securities Administrators (CSA) commenced 124 securities proceedings in 2009, marking a decrease from the 171 proceedings commenced in 2008, according to the CSA’s 2009 Enforcement Report.The 124 matters were commenced against a total of 154 individuals and 112 companies.The CSA concluded 141 cases in 2009, involving 160 individuals and 103 companies. By comparison, the […]

1 min read