There’s a lot going on, and when the present is so busy it’s hard to look long-term. That said, I believe there are three trends we will not be able to ignore in 2016: Digital, Analytics, and Mother Earth. I…
Read more →Just before Christmas, the Ontario Court of Appeal released two other decisions of significance in respect of commercial/homeowners’ liability and property coverages, in addition to the previously-posted Carneiro v. Durham decision. On December 23rd, 2015, in Monk v. Farmers’ Mutual…
Read more →I hope all readers had a quiet Xmas, Hanukkah, Saturnalia, Presentmas or whatever else you happened to be celebrating. This year, I started out wanting to write the usual overview post, but quickly discovered that the Random Thoughts posts I had been putting out over Continue reading
Read more →In Carneiro v. Durham (Regional Municipality), the Ontario Court of Appeal, in a decision released on December 22nd, 2015, reversed the motion judge’s finding in this “additional insured” case involving winter road maintenance by Miller Maintenance, deciding that the judge…
Read more →Who would have thought a year ago that the Ontario Superior Court would have released five decisions in 2015 dealing with prejudgment interest/deductible issues in motor vehicle accident tort cases? My associate Alexandra Wilkins has been keeping track of this issue…
Read more →In an age where losses from severe weather are driving changes to homeowners’ policies that are not always seen as positive to insureds, it might be time to think about giving homeowners the option of a cheaper insurance product that…
Read more →The Ministry of Finance has posted proposed changes to Insurance Act regulations to provide for the transition the Automobile Insurance Dispute Resolution System from the Financial Services Commission of Ontario (FSCO) to the Ministry of the Attorney General’s Licence Appeal Tribunal (LAT), and the wind down of disputes filed at FSCO.
Proposed amendments include:
• The last date for submitting applications for mediation, neutral evaluation, or the appointment of an arbitrator to FSCO will be March 31, 2016.
• An application for an appeal to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016.
• As well, an applications for a variation or revocation to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016.
• The Office of the Director of Arbitrations will continue to function until all notices of appeal and all applications for variation or revocation have been finally determined.
• Statutory Accident Benefits Schedule (SABS) provisions that apply to the dispute resolution process at FSCO will continue to apply, as they read on March 31, 2016, to all applications that were received by FSCO before the transition date but are not finally determined before that date. The SABS will also be amended, where necessary, to apply to applications filed at the LAT on or after April 1, 2016.
There have been huge changes in technology for the automobile. Evidence of this is the Consumer Electronics Show (CES) where car manufacturers including Ford, Mercedes-Benz and Audi dominated last year’s keynote agenda. They boasted their vision of computers as an…
Read more →Clap on… clap off. Do you remember the Clapper? An early example of the potential of today’s smart home, the device plugged into any electrical outlet and connected to household devices, usually a lamp or stereo, enabling people to turn…
Read more →A November 30, 2015 Law Times article titled “Arbitrator orders rare special award against insurer” reports on an unusual FSCO case between Thomas Waldock and his auto insurer. The case not only highlights the constant risks associated with relying on insurer…
Read more →Our industry widely supports the Insurance Institute’s Chartered Insurance Professional (CIP) designation, and we’re telling Canadians why. Canada’s p&c industry values the designation because it helps insurance professionals serve the public better. Fundamentally, the CIP gives insurance professionals the knowledge…
Read more →A five-member panel of the Court of Appeal for Ontario has released a new decision dealing with out-of-province accidents and conflict of laws issues. In Forsythe v. Westfall, the claimant appellant was an Ontario resident who was insured under an…
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