A Brief Message from ILS
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Membership has its privileges
… but you can still take advantage of member prices
on all ilscorp.com CAIB video courses!
We've extended this popular offer a couple of times but have
heard from many of our clients that it's too soon to stop
the promotion. However, it's official: November 15
is your last chance to buy discounted ilscorp.com CAIB Exam
Preparation video courses for just $500! After that, only
our group members will be able to receive this great group
pricing.
ilscorp.com offers extensive preparation for the CAIB 1 through
4 courses and exams, giving students all of the tools and
knowledge they need to succeed. Don't feel stressed or pressured
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Check out these courses now before the deal disappears!
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us today: 1-800-404-2211
Limited space is still available for the Second Annual ILS
Caribbean CE Cruise!
Don't miss the boat – time is running out to book your
spot on the Second Annual ILS Caribbean CE Cruise. Many of
your colleagues in the insurance and financial services industries
have already reserved their spaces on board the five-star
Celebrity Millennium cruise liner and are waiting for you
to join them as they explore the Eastern Caribbean while earning
up to 12 CE credits.
Space is now limited on a first-come, first-serve basis so
book now to avoid disappointment!
Don't forget: attend our Seminars on the cruise and also
receive a free 1-year online ILS subscription to either our
General Insurance or Life and A&S courses! With our exciting
credit courses on board and access to hundreds of courses
online, complete ALL your mandatory CE credits with ILS! Best
part is that it can all be tax deductible!
We hope to see you on board with ilscorp.com from January
27 through February 3, 2008!
For more information or to book now, visit: http://www.ilscorp.com/cruise/
Case Study
 An
insured may rely on advice from a broker, even if he should
have known that the advice was inaccurate.
By Michael
Thomas, Harper Grey LLP
An insurance broker, who erroneously advised the son of an
Insured that he was covered by automobile insurance, was responsible
to indemnify the son for damages suffered in an automobile
accident, despite the fact that he was not insured.
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.
Brian Issel farmed with his father, Arnold Issel, in the
Melville area. His father purchased an air seeder in Fargo,
North Dakota. To facilitate picking up the equipment, he rented
a truck (the "Vehicle") from Wheat Country Motors
in Regina. Brian Issel planned on driving the Vehicle to pick
up the air seeder. The owner of the Vehicle required confirmation
that Brian Issel had insurance to drive the vehicle before
he would rent it. Brian Issel had no vehicle insurance at
that time. He was aware that his father had motor insurance
(the "Policy"), and was aware that he was not covered
under that Policy. Brian Issel contacted Brent Paidel, an
insurance broker at Melville Agencies. As a result of the
discussion between the two, Brian Issel understood that he
did not need to purchase insurance because he would be covered
by the Policy. Brian Issel drove the vehicle and was involved
in an accident.
He commenced an action against his father's automobile insurer
and Melville Agencies to recover the damages associated with
the accident. At the trial, Mr. Paidel testified that he had
no recollection of speaking with Arnold Issel, but believed
he would have followed the policy procedures in the insurance
booklet issued by the Saskatchewan General Insurance Company.
The advice contained in the insurance booklet says that the
sibling of an Insured is covered under the policy for rental
vehicles if they are driving with the consent of the Insured.
Mr. Paidel agreed that in the circumstances he would not have
told Arnold Issel that he was not covered under his father's
insurance Policy as he had no knowledge of the specific circumstances
of the Policy. Mr. Paidel said that he receives a number of
general insurance inquiries on the phone and it is not his
practice to provide anything but the advice provided by the
insurance booklet.
Green Prov. Ct. J. determined that Brian Issel had no claim
against his father's automobile insurance company, but that
he had a valid claim against Melville Agencies. Green Prov.
Ct. J. determined that Mr. Paidel owed Brian Issel a duty
of care, and that he breached that duty of care by failing
to advise him that he was not covered under the Policy for
rental purposes. The insurance broker was found to be responsible
for the loss, despite the fact that Brian Issel was aware
that he was not covered under the Policy before he spoke with
the broker.
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.
Books for sale? Or swap, trade and exchange, too!
It's never too early to start putting some money aside for
a rainy day … or for the impending holiday season, pricey
vacations or even something small like a retirement fund.
Make the most out of your Canadian insurance textbooks by
buying, selling, swapping, bartering, trading or donating
them. ilscorp.com is pleased to offer a free insurance textbook
sales area for anyone who has a textbook they don’t
mind parting with and for those who are looking for a bargain
price.
Come check out the Book Exchange Forum at http://ilslearningcorporation.ca/books/.
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Can you believe this?
It is not often that an insurance agent takes on the role
of a special investigator, and can get credit for nabbing
an insurance crook. But in this instance, an insurance agent
from Liberty Mutual Insurance Company stepped up and caught
a fraudster red-handed on her digital camera.
A couple had made a claim to a public adjustment company
for storm damage to their residence, and Liberty Mutual had
made arrangements to meet the public adjustor to inspect the
property on January 31, 2006.
It turns out that the Liberty Mutual insurance agent arrived
early for the meeting, so she decided to pass the time in
her vehicle. Here she observed some interesting sights. She
watched a man drive up to the house in question in a Jeep
Cherokee, carry a step ladder and crow bar to the garage,
and proceed to remove siding from the garage. Finding these
actions rather strange, the agent used her digital camera
to document the destruction. Once he left, she contacted her
supervisor who met her at the home.
Low and behold, at the time of the appointment, the same
man who took the siding off of the garage rolled up in the
same, exact Jeep-it was the public adjustor. And during the
meeting he told the agent and her supervisor that the storm
had caused shingle damage to the home, as well as siding damage
to the garage.
As if visual documentation of the crime wasn't enough, the
public adjustor later contacted Liberty Mutual and admitted
that he removed the siding intentionally, and that he had
never done anything like this in his life. Sure.
If only all insurance fraud cases were this easy.
Sentences are pending.
(Courtesy: Montgomery County District Attorney's Office)
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