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|Supreme Court Grants Leave to Appeal Motor Vehicle Insurance Case:|
George Wray; Borden Ladner Gervais LLP;
January 13, 2015, previously published on December 19, 2014The Supreme Court of Canada recently granted leave to appeal in a motor vehicle insurance case addressing the ¿pay first and dispute later¿ rules governing priority disputes for Statutory Accident Benefits (¿SABs¿) claims.
|Knowledge is Power: Proceed with Caution (In Premises Liability Cases)|
Christina Hahn Jay; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on March 2014It is well known that “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises...
|Don’t Waive Goodbye to Potential Coverage Defenses|
Sarah E. Smith; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on March 2014Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict compliance with the insurance contract or risk possible waiver of available defenses to coverage. The good news for adjusters is that an insurer’s mere...
|OSFI Issues RCM Guideline E-13 - Regulatory Compliance Management|
Miho Felicio, Gordon Goodman, Laurie LaPalme, Jared Puterman, Brian Reeve; Cassels Brock & Blackwell LLP;
January 10, 2015, previously published on November 18, 2014On November 13, 2014, the Office of the Superintendent of Financial Institutions ("OSFI") released the final version of Guideline E-13 - Regulatory Compliance Management (the "RCM Guideline"), which replaces the 2003 Guideline E-13 then referred to as the Legislative Compliance...
|Changes To Rules Extend The Period Before An Action Is Administratively Dismissed For Delay|
Matthew Furrow; Borden Ladner Gervais LLP;
January 8, 2015, previously published on December 9, 2014Amendments to the Ontario Rules of Civil Procedure taking effect January 1, 2015 will significantly extend the period of time before an action will be administratively dismissed for delay. The former 2-year rule will become a 5-year rule - and plaintiffs will no longer receive notice of an...
|Florida's Citizens Property Insurance Establishes Depopulation Working Group, Institutes Takeout Estimate Requirement|
Colodny Fass P.A.;
December 30, 2014, previously published on December 9, 2014Among other changes to be made in response to recent consumer concerns over its Depopulation Program, Florida's Citizens Property Insurance Corporation ("Citizens") will establish a consumer-oriented Depopulation Working Group, as well as require takeout insurers to provide premium...
|Background Checks: Helping Employers Navigate The Battle Between Negligent Hiring And Discriminatory Hiring Practices|
John M. DiCaro, Michele Molinario; Jones, Skelton & Hochuli, P.L.C.;
December 26, 2014, previously published on Summer 2014With quick and easy electronic access to personal information at an employer’s fingertips, employers must learn how to properly utilize such information in the hiring process. The failure to perform adequate background checks can open an employer up to liability for claims based on negligent...
|The Implied Waiver Of The Attorney-Client Privilege Under State Farm v. Lee: A Refresher Course|
William G. Caravetta; Jones, Skelton & Hochuli, P.L.C.;
December 26, 2014, previously published on Fall 2014Whether a party has impliedly waived the attorney-client privilege poses a mixed question of law and fact. Twin City Fire Insurance Co. v. Burke, 204 Ariz. 251, 254, 63 P.3d 282, 285 (2003). In State Farm v. Lee, the Arizona Supreme Court adopted the following criteria, referred to as the Hern...
|The Application Of The Family Educational Rights & Privacy Act In Litigation|
Elizabeth A. Gilbert; Jones, Skelton & Hochuli, P.L.C.;
December 26, 2014, previously published on Fall 2014The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, applies to any educational institution or agency that receives federal funds. The Act requires these institutions to have a policy that allows students and their parents to have the right to inspect and review the...
|Update: Requests For Voluntary Advance Payments From Insurers|
Jennifer J. Biernaskie, Jennifer Davis; McLennan Ross LLP;
December 23, 2014, previously published on December 4, 2014In a recent email alert we considered the issue of advance payments under the Fair Practice Regulation and the Insurance Act . In Shannon v. 1610635 Alberta Inc., 2014 ABCA 393 ("Shannon") the Alberta Court of Appeal once again addresses the same issue of pre-trial advance payments under...