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Issue 206

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October 2015

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Who We Are Expertise Contact

In Brief

Newsletter

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For years Foster & Company has published its newsletter, In Brief, to assist insuranee industry professionals in their efforts to keep informed of the latest developments in the law.

Hi <<First Name>>,

We take this opportunity to congratulate Lana Kenny who has been named the 2015 Insurance Woman of the Year by the Canadian Association of Insurance Woman. Well deserved Lana!
 
We’d also like to congratulate our former litigation paralegal and long-time claims examiner and independent adjuster Brenda Jardine who has been recognized for her volunteer work by being named the recipient of the Holly Award by the Canadian National Institute for the Blind. Well done Brenda!
 
Our latest reader of the month is Kelly Allen of Intact Insurance. If you want the chance to be selected and win some Foster & Company swag, simply click on any of the links to this month’s articles. You will be automatically entered into our monthly draw.
 
For those of you doing business in New Brunswick, the Province’s Financial and Consumer Services Commission recently announced plans to commence an online insurance licensing system. The new system will be rolled out in two phases, the first in the fall of 2015 and the second in early 2016, and will allow insurance professionals to complete a majority of their regulatory filings and applications online.
 
Finally, effective October 1, 2015, new rules affecting motor vehicle policies come into effect in Prince Edward Island. The new rules introduce Direct Compensation for Property Damage to Prince Edward Island, which entitle insured’s to obtain payment directly from their own insurer for damage to a vehicle and its content caused by someone else, instead of having to recover from the other driver’s insurer.

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Foster & Company continues to be distinguished by A.M. Best Company as Recommended Insurance Attorneys.

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Bully’s Parents Must Go It Alone, as Insurer Need Not Defend

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Unifund Assurance Co. v E. (D.)  2015 ONCA 423
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Read time: 2 minutes (approx.)

By Justin Szmadyla

In our February 2015 Newsletter we reported on a decision of the Ontario Superior Court of Justice which held that parents of an alleged bully may be liable in negligence for failing to supervise their child. This triggered the insurer’s duty to defend the parents under a homeowner’s insurance policy. This decision has been overturned on appeal by the Ontario Court of Appeal.
 

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Upgrading is not Replacement

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Carter v Intact Insurance Co., 2015 ONSC 4400
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Read time: 3 minutes (approx.)

By Justin Szmadyla

On March 16, 2011, a residential and commercial rental property in downtown Ottawa caught fire and burned. Helene Carter and the owners of the building made an application to their insurer, Intact, for the full replacement cost of the commercial property, under a replacement cost endorsement. 
 

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Wawanesa Ordered to Pay Homeowner, Despite Grow Op Onsite

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Davidson v Wawanesa Insurance Co., 2015 BCSC 1383
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Read time: 3 minutes (approx.)

By Justin Szmadyla

A British Columbia judge has ruled against Wawanesa Insurance, awarding a Plaintiff more than $215,000 after his home was destroyed by arson the day after a marijuana grow op was found there.

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The information contained within In Brief is not intended as legal advice, but rather is general information on the law. If you wish to discuss legal matters or obtain the full text of cases, please contact Foster & Company. Our full disclaimer can be found here.

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