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Upcoming: Live CAIB 3 courses
at BCIT – taught by Todd Hochban of West Coast
Training |
For students who are
looking for a live immersion CAIB 2 preparation course,
West Coast Training's Todd Hochban will be holding a
seminar in Vancouver from February 4 –
8, 2008.
The course is held at BCIT's downtown Vancouver campus.
Students should also be aware that the exam registration
deadline date is January 11, 2008.
For more information or to register, visit: http://westcoasttraining.ca/
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Industry Briefs |
Ontario to make
health insurance more accessible for military families
Ontario has proposed legislation that would make it
the first province in Canada to ensure immediate access
to health care for out-of-town military families. Previously,
military members and their families had to go through
a 90-day waiting period before being able to access
provincial health insurance.
If the legislation is passed, the waiting period will
be lifted so that military families will not have to
pay out of pocket for any health care costs incurred.
Ontario Premier Dalton McGuinty says the cost associated
with the legislation should be just over $3 million
per year.
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BC plane crash pilot previously turned down
for insurance coverage
The October 19 crash of a Piper twin engine plane into
a ninth floor Richmond condominium unit has raised some
questions about the pilot Peter Garrison.
Mr. Garrison, 82, was previously involved in two other
crashes in Pitt Meadows, BC and Bellingham WA. Reports
indicate he was denied by at least one insurer after
the second crash. He did find coverage through the group
plan administered by Marsh for the Canadian Owners and
Pilots Association and underwritten by the syndicate.
The crash into the 15 story apartment building resulted
in no fatalities for tenants, although two people were
treated for non-life threatening injuries. The pilot
was killed in the accident.
Investigators are still gathering data on the nature
of the crash.
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Quebec towing company owner facing charges in
car theft ring
The owner of a towing company in St-Lin, Quebec is
facing several charges related to a theft ring that
police say stole hundreds of vehicles, crushed them
and then sold them for scrap.
Quebec provincial police spent ten weeks investigating
the towing company owned by Roger Theaudiere, 39. Police
believe that Theaudiere was behind the theft of more
than 500 vehicles which were destroyed and sold to scrap
metal dealers.
The Insurance Bureau of Canada instigated the investigation
after noticing a spike in vehicle thefts that were not
typically-stolen vehicles.
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BC's high-risk drivers put on notice
ICBC is letting the province's high-risk drivers know
that if they don't clean up their driving skills, they
could end up paying more in insurance premiums.
The warning comes after the BC Utilities Commission's
(BCUC) approval of ICBC's proposal to target these risky
drivers, potentially charging them hundreds –
or thousands – of dollars more each year.
High-risk drivers who engage in activities such as
racing, excessive speeding, drinking and driving and
other dangerous driving, have a crash rate of more than
twice that of other British Columbian drivers.
The new Driver Risk Premium will apply to offences
that occur on or after January 1, 2008. ICBC says that
these bad drivers may have to pay the additional premium
for up to three years.
ICBC says they will be sending out warning letters
to almost 120,000 drivers, about 5 percent of the province's
licensed drivers.
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Have a comment about a brief? Let us know by clicking
here.
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A Holiday Message from ILS
Please click play to view a message
from ILScorp.com
ILScorp.com announces launch of new SGI CANADA courses
ILScorp.com is happy to announce that twelve new courses
dealing with the SGI CANADA Agro Pak Policy are now live and
available at www.ilscorp.com.
The courses take a new approach to product-specific training;
not only do the streaming-video courses present relevant information
about the Agro Pak Policy but they are presented as conversations
between a SGI CANADA broker and a client, allowing students
to see how the information can be applied in practical, real-life
situations.
"From a broker point of view, they get to see some of
the questions a customer might have about an SGI CANADA product
and then get solutions on how to deal with such questions
or concerns," said ILScorp.com CEO and Vice-President
Ken MacRae.
The courses are available in streaming-video and in text.
All twelve courses are free and available
to all current ILScorp.com General Insurance subscribers.
For more information or to view the available courses, visit
www.ilscorp.com.
Happy Holidays from ILScorp.com
ILScorp.com would like to wish you and your
loved ones a very happy holiday season.
We hope the New Year brings you much joy and
happiness.
Please remember to be safe this holiday season!
Our offices will be closed from December
24 through 26 and closed again on January 1. We will be
open as usual for the remainder of the season.
Though our offices may be closed, don’t
forget that you can take any of our courses at anytime.
Please remember if you forgot your username
and password, you can always request them via email by following
these steps :
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- Move your mouse over the "Contact Us" button
on the top right
- Click on "Forgot Username/Password"
- Enter your email address
- Click "Get my Username/Password"
Congratulations to our iPod survey winner!
Congratulations to Doug Boyd of Edmonton. Doug took ILScorp.com's
15-second survey and won an iPod Shuffle!
Doug works in Commercial Auto Lines at Wawanesa. He’s
not sure yet what he will do with the iPod: keep it or give
it as a holiday gift.
Congratulations, Doug. Thank you to everyone who took the
ILScorp.com 15-second survey. Keep your eyes open for future
promotions and contests from ILScorp.com.
Case Study
 UMP
coverage available to satisfy judgement under a claim commenced
pursuant to the Family Compensation Act is limited to the
deceased's policy limit
By Michael
Thomas, Harper Grey LLP
In British Columbia an insured is entitled to $1,000,000.00
of uninsured motorist protection. In an action commenced under
the Family Compensation Act, the total entitlement to uninsured
motorist benefits remains at $1,000,000.00, despite the fact
that there may be more than one insured entitled to damages
in the action.
Here is the case citation: Lougheed v. Co-operators General
Insurance Co. 2007 BCCA 503. British Columbia Court of
Appeal. L.S.G. Finch C.J.B.C., R.E. Levine and P.D. Lowry.
October 18, 2007.
Here is the citation: Issel v. Melville Agencies (1974)
Ltd.[2007] S.J. No. 385. Saskatchewan Provincial Court.
Green Prov. Ct. J. July 27, 2007.
Here is a link to the decision.
This case was originally edited by David
Pilley.
Cameron Lougheed was a passenger in a vehicle in which the
driver lost control, resulting in an accident that killed
Mr. Lougheed. The vehicle was insured by Co-operators General
Insurance Co. under a policy issued in Alberta, where the
driver resided. Under its terms, coverage for third party
liability was limited to $500,000.00. Mr. Lougheed's sons
obtained a judgement and proceeded to an underinsured motorist's
protection arbitration to determine their entitlement to benefits.
Although $1,000,000.00 of underinsured motorist protection
coverage is mandatory in British Columbia, Mr. Lougheed's
sons claimed that they were each entitled to $1,000,000.00
of underinsured motorist protection coverage under the British
Columbia legislation, as opposed to $1,000,000 in total. The
trial Judge determined that if Mr. Lougheed had survived,
he could have recovered no more than $1,000,000.00 underinsured
motorist protection for his injuries, and that his sons were
therefore limited to the $1,000,000.00 underinsured motorist
protection that Mr. Lougheed was entitled to, not $1,000,000.00
each. The matter was taken to the British Columbia Court of
Appeal.
The underinsured motorist protection is found in Part 10,
Division 2 of the Revised Regulation (1984) under the Insurance
(Motor Vehicle) Act, B.C., Reg, 447/83 promulgated under the
Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231 [now
the Insurance (Vehicle) Act]. At the date of the accident,
the limit of coverage for underinsured motorist protection
was $1,000,000.00 per insured person. The issue to be determined
by the trial Judge whether that the insured person was Mr.
Lougheed as opposed to Mr. Lougheed's sons (as well as his
spouse). The Court of Appeal noted that the action brought
by Mr. Lougheed's sons, and his spouse, was a Family Compensation
Act action, and as such the action had to be commenced by
the personal representative of Mr. Lougheed on behalf of all
the beneficiaries. The key to the Family Compensation action
was that the action must be treated as a single cause of action
brought on behalf of all Mr. Lougheed's beneficiaries. The
Court determined that the "insured" referred to
in the Regulations must be the personal representative who
is the individual entitled, either directly or indirectly,
to maintain a Family Compensation action as a result of the
death of Mr. Lougheed, and not each of the beneficiaries.
The British Columbia Court of Appeal dismissed the Appeal,
and upheld the trial Judge's finding that the beneficiaries
were entitled to a total of $1,000,000.00 in underinsured
motorist protection coverage.
Michael Thomas has a diverse practice. It primarily consists
of representing insurance companies in personal injury, property
loss, coverage, subrogation and bad faith claims; representing
physicians in professional negligence and human rights claims;
representing plaintiffs in personal injury and corporate commercial
claims; and representing institution clients in claims involving
sexual abuse/misconduct of employees. To read Michael’s
insurance blog, click here.
If you have any questions about this case or another, you
can contact Michael directly at mthomas@harpergrey.com.
An important note about our e-mails
We've made a few changes to our e-mail accounts. To combat
spam, your copy of On Track will be sent from a new e-mail
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