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Insurance self-assessment programs and the issue of privilege

McMillan LLP
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Canada
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July 29 2008

Risk based regulation involving self-assessments overseen by a company’s governing structure are an effective and ever growing mode of regulation

Plaintiffs in trademark proceedings need only show “use in the United States,” not use in interstate commerce, under Section 2(d) of the Lanham Act

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Canada, USA
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March 16 2007

In First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc., No. 06-1202 (Fed. Cir. Jan. 9, 2007), the Federal Circuit reversed the Trademark Trial and Appeal Board’s (“TTAB”) decision rejecting First Niagara Insurance Brokers, Inc.’s (“FN-Canada”) opposition to the registration of certain marks by First Niagara Financial Group, Inc

Clause permitting an insurer to limit or cancel coverage upheld by Quebec Superior Court

Norton Rose Canada LLP
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Canada
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January 18 2008

The Quebec Superior Court has upheld a clause in a credit insurance policy allowing the insurer to cancel or amend approved credit coverage

Federal Court of Appeal upholds Tax Court of Canada's decision on life insurer's tax reserves

Stikeman Elliott LLP
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Canada
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February 1 2008

On January 15, 2008, the Federal Court of Appeal upheld a decision by Justice Hershfield of the Tax Court of Canada, finding for the respondent, the National Life Assurance Company of Canada (National Life), in respect of policy reserves taken for its 1997 and 1998 taxation years

Supreme Court of Canada: insurers cannot always benefit from legal subrogation

Norton Rose Canada LLP
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Canada
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February 13 2008

A recent decision of the Supreme Court of Canada, in a case from Quebec, confirms the wisdom of insurers’ longstanding practice of obtaining a transfer of their insureds’ rights when they pay claims

Insurance Companies Act amendments delayed to January 1 , 2010

Borden Ladner Gervais LLP
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Canada
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February 26 2008

An Act to amend the law governing financial institutions and to provide for related and consequential matters, came into force, for the most part, on April 20

Latest key developments and issues affecting the Canadian insurance industry

Stikeman Elliott LLP
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Canada
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May 31 2007

Bill C-37: 2006 Financial Institutions Legislation Review, based on the federal White Paper released on June 14, 2006, received Royal Assent on March 28, 2007 and portions were proclaimed into force on April 20, 2007

Supreme Court rules today that banks' insurance activities also subject to provincial insurance regulation

Stikeman Elliott LLP
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Canada
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May 31 2007

The Supreme Court of Canada today unanimously upheld the Alberta Court of Appeal ruling in Canadian Western Bank v. Alberta, under which Canada's federally chartered banks - eight of which were jointly the appellants in the case - are subject to provincial regulatory regimes with respect to the distribution of the kinds of insurance banks have been permitted, under the Bank Act, since 1991, to distribute in their branches

Aggravated damages awarded against insurers

Gowling Lafleur Henderson LLP
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Canada
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July 6 2007

In a recent decision involving an award of aggravated damages, the Plaintiff commenced a legal action against her disability insurer

Faulty or improper design exclusion clause triggered

Gowling Lafleur Henderson LLP
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Canada
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July 6 2007

Recently, in Canadian National Railway Company v. Royal and Sun Alliance Insurance Company of Canada, 2007 ONCA 209, the Ontario Court of Appeal held that failed efforts to prevent a foreseeable risk triggered the "faulty or improper design" exclusion clause in an all-risk builder's risk policy (the "Policy"

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Search results

Insurance self-assessment programs and the issue of privilege

Plaintiffs in trademark proceedings need only show “use in the United States,” not use in interstate commerce, under Section 2(d) of the Lanham Act

Clause permitting an insurer to limit or cancel coverage upheld by Quebec Superior Court

Federal Court of Appeal upholds Tax Court of Canada's decision on life insurer's tax reserves

Supreme Court of Canada: insurers cannot always benefit from legal subrogation

Insurance Companies Act amendments delayed to January 1 , 2010

Latest key developments and issues affecting the Canadian insurance industry

Supreme Court rules today that banks' insurance activities also subject to provincial insurance regulation

Aggravated damages awarded against insurers

Faulty or improper design exclusion clause triggered

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