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HTMLInsurers Should Actively Monitor Automated Driving Technology Developments
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 21, 2016, previously published on July 20, 2016
Automated technology will bring both new challenges and new opportunities for insurers. Although insurers may face the challenges associated with a shrinking market where manufacturers absorb more liability risk, insurers also have new opportunities. For example, such opportunities include new and...

 

HTMLMore Food for Thought: Court Releases New Decision on Deductible, Interest Rates and Waiving Mediation Privilege
Jeremy Ablaza, Tamara Tomomitsu; Borden Ladner Gervais LLP;
Legal Alert/Article
July 14, 2016, previously published on June 29, 2016
On June 22, 2016, an endorsement was issued in Dimopoulos v Mustafa, 2016 ONSC 4119 pertaining to issues raised during the argument of a threshold motion in a motor-vehicle accident case. These issues included the following:

 

HTMLDuty of Care to Victims of Problem Gamblers not "Hopeless"
Laura Day, David Elman; Borden Ladner Gervais LLP;
Legal Alert/Article
July 12, 2016, previously published on June 20, 2016
On June 10, 2016, the Court of Appeal released its decision in Paton Estate v. Ontario Lottery and Gaming Corporation. The majority of the Court of Appeal refused to close the door on the possibility that casinos owe a duty of care to victims of "problem gamblers". The majority of the...

 

HTMLCourt finds Agreement to Defend and Indemnify where Insurer Appointed One Counsel to Represent Both City and Winter Maintenance Contractor
Matthew Gray, Michael J.L. White; Borden Ladner Gervais LLP;
Legal Alert/Article
July 7, 2016, previously published on June 21, 2016
The recent Court of Appeal decision of Seidel v. Markham1 involved a claim where the plaintiff alleged that he had slipped and fallen on an icy sidewalk in the City of Markham (the "City"). The subject sidewalk was ploughed and salted by V.T.A. Construction ("V.T.A.") pursuant...

 

Adobe PDFNew York Issues Two Advisory Opinions Regarding Surplus Lines Insurance
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 1, 2016, previously published on July 1, 2016
The New York State Department of Taxation and Finance (Department) issued two advisory opinions determining that unauthorized non-life insurance corporations (here, surplus lines insurance companies) are subject to insurance franchise tax (under N.Y. Tax Law § 1502) instead of premium tax...

 

HTMLInsurance Coverage for Driverless Cars
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 30, 2016, previously published on June 29, 2016
Who is liable for accidents involving autonomous vehicles? At least one insurance company in Britain is now offering an auto policy that will cover autonomous and partly automated vehicles. The policy covers accidents caused by malfunctions in the car’s driverless systems, as well as...

 

HTMLDirect Claims Against UK Insurers of Insolvent Defendants
Tyrone R. (Ty) Childress, Ian F. Lupson, Barnaby C. Stueck; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
On 1 August 2016, six years after it received Royal Assent, the UK Third Parties (Rights Against Insurers) Act 2010 (the "2010 Act") will finally come into force. It is expected to provide an effective mechanism for third-party claimants to seek recovery directly from an insolvent...

 

Adobe PDFThe Best Insurance Policy In Business is a No Risk Culture
Kas R. DeCarvalho; Pannone Lopes Devereaux & West LLC;
Legal Alert/Article
June 26, 2016, previously published on June 22, 2016
The "soul" of any business is its culture. It impacts almost every human element of a business, from how employees communicate with customers and each other, to how transactions are negotiated. In the most successful businesses, even foundational business models and marketing strategies...

 

HTMLInsurers Aim to Use New Technology To Make Cars “Marketing Machines”
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 24, 2016, previously published on June 23, 2016
Modern cars capture vast amounts of information about drivers through various computer technologies, tracking where drivers are going, when, and how they are driving. A new study from McKinsey and Company suggests that the future of car insurance lies in harnessing that data: by collecting and...

 

HTMLChronic Pain in Alberta: Know Your Case Before Going to Trial
Justine Blanchet; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 8, 2016
Alberta has very recently received another addition to the series of chronic pain cases which provides clarity on that particular type of injury and refines the scope of the Minor Injury Regulation, Alta Reg 123/2004 (the "MIR"). In the very recent decision of Jones v Stepanenko, 2016...

 


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