Candidates should understand the role of the insurance business as a supplier of a vital service. Because of the essential and highly technical nature of insurance, a system of regulatory controls has been established
requiring insurers to demonstrate that they are providing fair and reliable services in accordance with the statutes and regulations of each jurisdiction.

What you should know:

  1. Technical rules regarding insurance laws and regulations (provincial vs. federal regulations)
  2. Details about insurance fairness (Ontario Auto)
  3. Explanation and examples of insurance being a vital & essential services (terrorism, farm, auto liability, etc.)
  4. Cases related to fair services (punitive damages)
  5. Cases related to reliable services (duty to defend)

Canadian Insurance

Court Cases

Citizens Insurance v Parsons (1881) – provincial legislation: intra-vires
Insurance Reference Case (1916) – federal legislation: ultra-vires
Glynn v. Scottish Union & National (1961) – indemnity vs. non-indemnity & subrogation
Fletcher v. MPIC (1983) – duty of care
Dillon v Guardian Insurance (1983) – bad faith negotiation
Nichols v American Home Assurance (1988) – duty to defend (alleged fraud)
Sansalone v. Wawanesa (1988) – B.C. Transit  – duty to defend (sexual abuse)
Somersall v. Friedman (1989) – limits agreement & the timing of “under insured motorist”
Amos v I.C.B.C. (1991) – injuries arising from the “operation” of a vehicle
Alie v Bertrand & Lafarge (1992) – damage over time
Whiten v. Pilot Insurance Co.(1994) – punitive damages (fire)
Resurfice Corp v Hanke (1995) – but for vs. contributory negligence
KP Pacific v Guardian (1997) – Part 2 vs. Part 5 – limitations period
Belanger v Sudbury (2000) – duty of care – municipality
Kusnierz v Economical (2001) – definition: catastrophically impaired
Aviva Canada Inc v Pastore (2002) – definition: catastrophically impaired
Morrow v Zhang (2004) – MIR – discriminatory
PIPEDA (2009) – consent for credit score
Precision Plating v Axa Pacific Insurance (2011) – duty to defend (pollution)

Trilogy – Cap on Non-pecuniary Damages

Tort Reforms

Rate Regulation