FSCO already testing its online arbitration tool to streamline auto insurance disputes; B.C. upholds license suspensions for those refusing breathalyzer tests.
FSCO testing online arbitration tool
The Financial Services Commission of Ontario is conducting a testing phase of its online service to schedule pre-hearings and settlement conferences, in an effort to streamline arbitration for auto insurance claims disputes.
Queen’s Park introduced a bill early March aimed at making reforms to the auto insurance system in the province, which if passed would move administration of the dispute resolution system from FSCO to the Ministry of the Attorney General’s Licence Appeal Tribunal.
FSCO doesn’t appear to be wasting any time, as it is moving on with the phased implementation of Arbitration eCalendar, which it announced in January. Its aim is to make scheduling more accessible and flexible, minimize administrative costs and free up time for FSCO’s staff.
The regulator has invited an insurer and a law firm to initially test the service to schedule pre-hearings and settlement conferences, update file information, report settlement on consent and check upcoming proceedings on a file.
As part of the testing, companies may be contacted by the participating insurance company or law firm to book a pre-hearing or settlement discussion, said FSCO, or report settlement of cases on the Arbitration eCalendar system.
3.8 per cent improvement in loss ratio for Desjardins
Desjardins General Insurance Group Inc. released some of its financial results for 2013, reporting direct written premiums of $2.1 billion, up 6.7 per cent from $1.98 billion in the previous year.
“The combined ratio improved by 2.9 percentage points to 91.7 per cent, compared to 94.6 per cent in 2012,” stated the Levis, Quebec-based DGIG in a press release. “This was largely due to the 3.8 percentage point improvement in loss ratio.”
Direct written premiums increased by 8.1 per cent from the corresponding quarter in 2012 due to increased marketing activity and the impact of the Ajusto and Intelauto usage-based insurance programs, according to DGIG. (continued.)
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Desjardins announced its Ajusto auto product last May. It uses telematics technology from iMetrik Solutions and can be used mainly on vehicles made in or after 1998, with limited exceptions.
DGIG reported in 2013 that about 38,000 customers had enrolled in its Ajusto and Intelauto usage-based auto insurance programs.
Although DGIG's parent company, Desjardins Group, has not published its annual report for 2013, DGIG did report some financial data on March 13. DGIG reported net income, in the fourth quarter of 2013, of $81.8 million, up 35.2 per cent from the same period in 2012.
B.C. court upholds suspensions for refusing to provide breath sample
B.C. motorists holding their breath that their suspensions would be voided were dealt a blow by a provincial court of appeal, which ruled that the Province of British Columbia is not violating the Canadian Charter of Rights and Freedoms when it imposes driver’s licence suspensions and other penalties on suspected drunk drivers who refuse to provide breath samples.
Six motorists in B.C. who had been subject to 90-day licence suspensions challenged the constitutional validity of the province's Motor Vehicle Act.
The ruling also pertains to those whose breath sample results indicate a blood alcohol level of between .05 and .08 per cent.
In a ruling released in November 2011, Mr. Justice Jon Sigurdson of the B.C. Supreme Court “found the challenged legislation to be constitutionally sound except for the prohibitions and penalties resulting from a ‘fail’ reading on an” authorized screening device, according to background information provided in a March 3 court of appeal ruling.
The appeal court dismissed appeals from the motorists, and a cross-appeal from the provincial government, of Justice Sigurdson's ruling. His ruling was made before Bill 46 amended the Motor Vehicle Act in 2012. (continued.)
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The March 3 unanimous appeal court ruling is not on the constitutional validity of the amended Motor Vehicle Act. However, Madam Justice Catherine Anne Ryan, writing on behalf of the appeal court, noted that Bill 46 was “intended to correct the constitutional defect in the legislation identified by Mr. Justice Sigurdson.”
That amendment gives motorists, who register a warn or a fail, the right to be provided with a second analysis, and to have the lower of the two results stand. A fail means the device indicates a blood alcohol level of more than 0.08 per cent, which is specifically prohibited by Section 253 (1 (b)) of the Criminal Code of Canada.
