Ontarioâ€™s superintendent of financial services should review the use of the verbal threshold for establishing serious and permanent injury and/or the use of a Cdn$30,000 deductible to discourage plaintiffs from pursuing smaller auto negligence claims, according to the summary of findings in the Civil Justice Reform Project.
The author of the Civil Justice Reform report, former associate Chief Justice of Ontario Coulter Osborne, released his findings in November 2007. Smaller auto negligence claims represent 21% of the provinceâ€™s Superior Court of Justice claims, Osborne noted.
In his report, Osborne noted Ontarioâ€™s Bill 198 amendments to the Insurance Act in 1996, as well as its associated regulations, are intended to minimize smaller auto negligence claims.
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DENVER (AP) - A woman involved in a two-vehicle crash in Denver more than two years ago has gone back to court in an effort to get an insurance company to pay up.
Shantel Gonzales was riding with a friend on Father's Day 2005 when the vehicle in which she was a passenger collided with a truck.
Gonzales was 22 weeks pregnant at the time. Doctors performed an emergency Caesarean section, delivering a boy that Gonzales named Marco. But he was born 3.5 months premature, and lived for just over an hour.
Gonzales sued Shelter Insurance for damages, and a jury last year awarded her $130,000.
The woman's attorney says Shelter hasn't paid that verdict, though it did pay $14,000 toward her medical expenses.
Shelter would not comment.
The trial is expected to last three or four days.
Court discourages lawyer from adding insurer as defendant â€˜just in caseâ€™
It would appear from a review of these cases that it is the practice of plaintiffâ€™s counsel to commence an action against the plaintiffâ€™s own insurer â€˜just in caseâ€™ a coverage problem should arise in the course of the action, without there being any reason to believe that such a problem exists at the time of the inception of the action. Such a practice should be discouraged.
It is such a serious case. More than 1000 jobs are lost.
Some of the firm's 500,000 private and corporate policyholders have been given a total of Â£357m from the Financial Services Authority's compensation scheme since the collapse.
From Aviva Canada,
In the early morning hours of August 3rd lightning struck the Residence Domain Boise, a senior citizen's retirement facility in Gatineau, Quebec, which was insured by Aviva. A fire was ignited in the residence and over 70 firefighters responded. All of the residents were evacuated safely, quickly and without serious injury.
This dangerous incident could have turned into a tragedy if Shawn Brown's loss control recommendations were not followed. Fortunately, one year prior to the fire, in August, 2005, Shawn Brown, Sr. Loss Control Representative, Ottawa office, surveyed and inspected the Residence Domain Boise and made these recommendations:
Although the fire alarm system is tested annually, as the present time, documented fire drills are not held. For improved risk management it is recommended that documented fire drills be held on a minimum of an annual basis with records of these drills maintained.
At the time of this visit, there were no smoke detectors provided in unit #247 A&B. Smoke detectors should be provided in each unit, at each floor level. Once installed the detectors should be tested on a minimum of an annual basis.
When equipment breaks down it often leads a variety of unanticipated expenses. To assess the value of equipment breakdown insurance, total all of the these costs:
* Repair or replacement of the damaged equipment.
* Income for the period you have to shut down because a breakdown interrupts your business.
* Extra expenses to rent spares or rush repairs.
* Loss of perishable goods.
Here are some expamples:
A consultant's office was down for two-and-a-half days when the file server failed. Employees had to work the weekend to finish a major presentation wich their client expected on Monday morning.
Total loss: $7,003.20