- The Quebec Court of Appeal in Axa Assurances v. L.S. clarifies the threshold for voiding an insurance policy for material misrepresentation.
- California Auto Club voluntarily drops rates 4.1% due to lower claims, something we haven't seen in Ontario in a while.
- I think we all have experienced this: Nearly half of all drivers who hit parked cars don’t always leave notes.
- Is e-commerce appropriate for insurance considering the complexity of the product?
- Another study by J.D. Power, this one suggests that insurance websites perform better in policy servicing than policy shopping.
- Transportation Minister Glen Murray is considering a 1-metre passing rule for cars passing bikes though not in this legislative session.
- Big Move revenue tools proposed by Metrolinx will cost an average of $77 per GTHA family and include: 1% HST increase, 5 cent rise in GTHA gas prices, business parking levy, development charges. Implementing pay-for-use HOV lanes may be problematic if users include both single and multi-occupant vehicles.
- The minority Liberal government's budget motion passed by a vote of 65 to 36 yesterday. The next step is the second reading vote on Bill 65. The auto insurance reforms are still alive.
- Insurers and brokers are going to have a real tough time explaining how the 15% rate reductions will work based on this story.
- Not surprising that Rob Ford's troubles are hurting Tim Hudak's PCs in the polls.
Thursday, 30 May 2013
Insurance News - Thursday, May 30, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, May 30, 2013:
Wednesday, 29 May 2013
Electronic Proof
One would think that the standard auto
insurance card seems like a throwback in this increasingly paperless age, but
that it is not the case in Canada.
Despite smartphones, tablets and other
technological gadgets now being part of everyday life, providing proof of auto
insurance coverage is like a nostalgic trip back to the days of our parents or
grandparents. In Canada, insurance companies and brokerages mail, fax and
e-mail copies of the standard pink insurance slips to policyholders upon
renewal or policy changes.
In March 2013, Industrial Alliance
Insurance and Financial Services provides its group health customers in Quebec
with the option of an electronic version of their plastic insurance card.
However, there is currently no movement to do the same for auto insurance
policyholders.
In Ontario, the Compulsory Automobile Insurance Act
(CAIA) states that drivers must “have in the motor vehicle at all times, (a) an
insurance card for the motor vehicle; or (b) an insurance card evidencing that
the operator is insured under a contract of automobile insurance, and the
operator shall surrender the insurance card for reasonable inspection upon the
demand of a police officer.”
Despite confirming existence of a card,
fake or invalid insurance cards can be easily acquired. Obviously, an invalid
card is going to look legitimate if an unscrupulous driver cancels the policy
immediately after getting the card.
The Uninsured Vehicle Project, an initiative led by Ontario’s Ministry of
Transportation, provides an electronic means of determining whether or not a
vehicle carries mandatory insurance coverage when licence plates are being
renewed by checking with the insurance industry’s online database. The wrinkle
is that police officers do not have access to the database and accept as valid
any insurance card that appears to not have expired.
CHANGING TIMES
In Ontario, the five-year review report
of the superintendent of financial services at the Financial Services
Commission of Ontario (FSCO) raised the issue of electronic commerce back in
2009. The superintendent noted he had received feedback from insurers that they
would like to see legislation and regulations updated so that transactions
regarding applications, policies, endorsements and renewals could be conducted
electronically.
The submission of the Canadian
Association of Direct Response Insurers stated, “Of concern also is the requirement
to provide a paper copy of the liability card. Companies should be able to
provide the liability card along with all the other documentation in electronic
form if the customer approves.”
The regulator indicated its primary
concern regarding electronic commerce is the production of fraudulent liability
cards. However, FSCO also acknowledged that fraudulent paper insurance cards
currently exist and technological solutions may exist to address these
concerns.
Based on the submissions received, FSCO
noted it appeared that not all industry stakeholders were aware that Ontario’s Electronic
Commerce Act, 2000 already enables auto insurers and others doing
business in the province to implement electronic document delivery and
electronic counterparts to traditional written documents and written
signatures, provided certain functional equivalency rules are followed.
The five-year review signalled to the
insurance industry that electronic documents, including the insurance card, was
acceptable under existing Ontario law yet no insurer has introduced electronic
proof on insurance over the past four years.
Steve Whitelaw, senior vice president
of business solutions at The Dominion of Canada General Insurance Company, says
that guidance is required from regulators in all jurisdictions with respect to
security and auditability requirements. In addition, there are other logistical
issues that need to be addressed by The Dominion that are relevant
to its distribution of insurance through brokers, Whitelaw
reports.
The capability
to issue electronic policy documentation, including liability slips, is on The
Dominion’s roadmap. “There are competing priorities,” he says, pointing out
that “this topic does not appear to be a priority for consumers, and from our
perspective, The Dominion’s focus remains on the replacement of our
legacy systems.”
Ontario law is silent
about whether or not an electronic version of the insurance slip counts as
valid proof of insurance, but it is uncertain if police officers would accept
an electronic version.
Consider such
an incident: a driver in a recent minor accident could not locate his pink
insurance slip. He contacted his broker from the scene of the accident who
e-mailed him his pink slip as a PDF file. The police officer responding to the
accident informed the driver that he bought himself one hour to produce a paper
copy.
Bob Percy, deputy chief of the Halton
Regional Police Service, says he sees an electronic insurance card being
accepted by police “as long as there was comprehensive awareness of the
process, and assurances that the material could in no way, shape or form be
manipulated to create false, but legitimate-looking insurance slips.”
But how many
people would be comfortable handing their personal devices to an officer who
requires the information to complete the accident report?
Percy suggested the ideal approach
would be to have an insurance database that officers could access, similar to
the Canadian Police Information Centre (CPIC) database. This concept would be
an up-to-date information repository that confirms insurance particulars with
no reliance on the driver.
SERVICE ADJUSTMENT
Last year, J.D. Power and Associations
issued results of a survey of the insurance industry in the United States,
entitled, 2012
U.S. Auto
Insurance Study Management Discussion.
“As customer preferences and
interaction behaviours continue to evolve, insurers must be prepared to adjust
their service strategies to keep pace with those changing preferences,” the
report notes. “All insurers face the reality that customer expectations are
being reshaped by market forces beyond their control — whether through the
emergence of devices, such as the iPhone or iPad and platforms such as Twitter
or Facebook, or through changing servicing dynamics being introduced in other
industries. Every insurer must recognize that adapting to the changing
service — channel preferences is a decision of necessity that will need to be
made in the not-too-distant future. Ultimately, it all comes down to customer
choice — today that choice is rapidly expanding to include a variety of new
self-service tools and interfaces.”
The Property Casualty Insurers
Association of America (PCIAA) reports that 11 U.S. states — Alabama, Arizona,
Arkansas, California, Idaho, Kentucky, Louisiana, Minnesota, Mississippi,
Virginia and Wyoming — now have laws or regulations on the books that allow for
electronic insurance cards to be used for both vehicle registration and when
being pulled over by the police.
In Colorado, drivers can use the e-cards for
registration, but will not for police traffic stops. However, the he state is
considering legislation that would extent electronic proof to traffic stops as
well.
PCIAA reports that the governors of
Kansas and Indiana are expected to sign legislation in their states, while
several other states — Florida, Georgia, Hawaii, Indiana, Iowa, Maine,
Michigan, Missouri, Ohio, Oregon, Rhode Island, South Carolina, Texas, Utah,
Washington and Wisconsin — have pending legislation on the matter.
For drivers in states that allow for
electronic insurance cards, it would be wise to still have a paper copy handy
when driving outside of home jurisdiction.
PRIVACY
MATTERS
There are some valid concerns about
e-cards. For example, what privacy rights, if any, are being handed over when
someone — let alone a police officer — is allowed to look at a driver’s phone
to view his or her insurance card? While some states have put limits on what
can be viewed — Arizona, for example, specifies that showing an e-card does not
imply consent to view other items on a wireless device — many have no such
language.
It appears inevitable that electronic
proof of insurance will come to Canada.
The technology exists and both government regulators and police forces appear
open to the change. It just seems that no insurer particularly wants to be the
first to make the move.
Monday, 27 May 2013
Insurance News - Monday, May 27, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, May 27, 2013:
- Two technological trends have dominated the auto insurance sector of late, usage-based insurance and driverless vehicles. Will only one win out or do they both survive?
- Ontario Divisional Court decision, Bouchard v. Motors Insurance Corporation and Financial Services Commission of Ontario, upholds pocket-bike finding: Not an automobile at time of incident.
- SAS has released a paper on premium leakage due to underwriting fraud and how to use analytics to prevent it.
- The trend toward electronic commerce in insurance continues as the Alaskan Governor has signed two pieces of legislation to modernize insurance laws and enable more online transaction.
- Cira Medical Services has just released a paper on the emerging trends in the IME industry - industry consolidation, enhanced service standards, collaboration with stakeholders.
- New Ipsos Reid poll suggests that Ontario Liberals and Conservatives are in a statistical dead heat among decided voters. For now budget deal seems to resonate more with voters than gas plant scandal.
- A Spanish driver has become the poster boy for anger-management classes after being caught on video trashing his expensive car. The driver impaled his Audi A8′s front end on a sidewalk railing.It appears to be a fairly minor accident. But instead of waiting for a tow truck driver to come and get everyone out unharmed, the driver goes completely bonkers, melting his tires, jumping on the roof of the car, smashing the sunroof and then bashing the windshield in.
Wednesday, 22 May 2013
Insurance News - Wednesday, May 22, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, May 22, 2013:
- As telematics and usage-based insurance enter the Canadian auto insurance market will brokers jump on the bandwagon?
- There is an auto insurance policy available in Massachusetts that caters to rich people.
- The nine Detroit Democratic state House caucus members have unveiled their auto insurance reforms to counter the governor's reform package. The proposed Democratic reforms include a prohibition on use of credit history.
- There is a new driver identification technology that can block or track a driver’s mobile phone use.
- A Texas woman pleads guilty to manslaughter after a fatal texting and driving accident. Wonder if this will become a new trend in punishing distracted drivers?
- The NDP will support the Liberal budget which means there will be no Ontario spring election and the auto insurance budget items will move forward. The NDP also launched an ad campaign so that Andrea Horwath can take credit for arm twisting the government.
Monday, 20 May 2013
Insurance News - Monday, May 20, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, May 20, 2013:
- A huge New York crime cartel that tried to steal $400 million in false no-fault injury claims is being dismantled.
- 26 people are arrested in South Florida for staging accidents and auto insurance fraud involving over $20 million.
- A Massachusetts insurance foundation plans on subsidizing the purchase of a device that blocks texting while driving to curb multi-tasking behind the wheel.
- The Canadian Association of Occupational Therapists has developed a new set of resources for older drivers.
- A 19-year old student has developed self-driving car technology at a fraction of the cost of the technology used by the Google car. Needless to say he won the science fair grand prize.
- Will driverless cars be vulnerable to being hacked like other computers?
- Below is a TV ad made by a chiropractor that will make you cringe.
Thursday, 16 May 2013
Insurance News - Thursday, May 16, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, May 16, 2013:
- How driverless cars could change everything - not just the end of auto insurance but the end of driving.
- A new University at Buffalo study of crashes involving cars and sport utility vehicles (SUVs) has found those crash ratings are a lot less relevant than vehicle type. In head-on collisions between passenger cars and SUVs, the UB researchers found that drivers in passenger cars were nearly 10 times more likely to die if the SUV involved had a better crash rating.
- To eliminate impaired driving the U.S. National Transportation Safety Board is recommending such things as reducing BAC limits to 0.05 from 0.08 and requiring ignition interlocks for all offenders.
- Since the the middle of last decade the number of miles driven by Americans has been dropping to large part because many young people don't own cars.
- I find this incredible but a teenager has designed a working prototype for an in-vehicle system he calls "HardHit," which can help detect whether someone may have suffered a concussion during a car accident.
- Maddie Di Muccio, a Newmarket city councillor, suggests that auto insurance cuts are all smoke and mirrors because insurers will compensate by raising property insurance rates. I think she is right. Though I don't agree insurers are leaving Ontario in droves.
- The Queens Park soap opera continues as Andrea Horwath backs away from bringing down the government.
Tuesday, 14 May 2013
Insurance News - Tuesday, May 14, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, May 14, 2013:
- A survey by CarInsurance.com of 1,000 U.S. drivers found 81.3 percent of respondents would require people with a DUI conviction to use a monitoring device; 62.9 percent would require monitoring of teenagers; and 35.8 percent said all drivers should be monitored.
- The share of Americans commuting by bike has grown by 47 % since 2000, according to an analysis of U.S. Census data. So has the number of bicyclists injured or killed in auto accidents.
- Yesterday Ajustco announced the launch of their user-based insurance program. The company is using a wireless telematics device by iMetrik run on Bell's wireless network.
- State Farm in the U.S. is testing a smartphone app that measures driving behaviour not driving behaviour, a marked shift in user-based insurance.
- The Liberals have adopted NDP's call for auto insurance cuts like it was their own, handing out campaign-style brochures to commuters at GO stations. It seems the proposed cuts may just outlive a Budget defeat and an election.
- The NDP has come out strongly opposed to tolls for high-occupancy lanes. Will Horwath trigger an election or is she bluffing?
Monday, 13 May 2013
Insurance News - Monday, May 13, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, May 13, 2013:
- The big news is that Ajusto was announced today by Desjardins Insurance as the first user-based insurance in Canada. FSCO has approved the program and Ajusto will be able to offer Ontario consumers discounts of up to 25%.
- The Texas House has voted to prohibit insurers from selling stripped down “named driver” auto insurance policies. These policies were a bad idea and have led to a lot of uninsured drivers on the road.
- The Toronto Licensing Tribunal decisions involving taxi and tow truck driver licences are now online. The city needs to be tougher on those convicted of serious offences.
- Finally, today the Standing Committee on General Government reconvenes to review auto insurance. Appearing is representatives from GISA, FSCO's Rates and Classification unit and the Ontario Taxi Workers Union. Summaries will be posted at a later date.
Friday, 10 May 2013
Auto Insurance Sections of Budget Bill (Bill 65)
The first reading version of the Budget Bill (Bill 65) is now available online. Approximately 50% of Bill 65 is related to auto insurance which clearly illustrates how politicized the auto insurance file has become. The Bill, if passed by the legislature, would amend the Automobile Insurance Rate Stabilization Act, 2003, Financial Services Commission of Ontario Act, 1997 and the Insurance Act.
Amendments to the Automobile Insurance Rate Stabilization Act, 2003
The Automobile Insurance Rate Stabilization Act, 2003 (Bill 5) was passed in 2003 to temporarily freeze auto insurance rates for private passenger vehicles and to provide for the review and regulation of risk classification systems and automobile insurance rates for private passenger vehicles. Some of the provisions were repealed in subsequent years.
A new provision would establishes an industry-wide target for the reduction of rates that insurers are permitted to charge for the private passenger vehicles. The rate would be set 15%. A regulation would be approved that sets out how to determine an industry-wide average rate reduction as well as the time frame for achieving the rate reduction. The regulation could allow for periodic reductions as opposed to a one-time reduction.
The Superintendent would be able to order an insurer to file new rates before a certain as well as order the insurer to begin using the new rates as of a specific date. An insurer's rates would be presumed to be not "just and reasonable" if in the Superintendent's opinion they do not contribute to the 15% rate reduction target. In addition, the Superintendent would be able to refuse a rate filing if the proposed risk classification system is not reasonably predictive of risk, the proposed rates would impair the insurer's solvency or the proposed rates are excessive in relation to the insurer's financial circumstances.
An order by the Superintendent is final and not subject to appeal.
Amendments to the Financial Services Commission of Ontario Act, 1997
The sectors regulated by FSCO would be expanded to include service providers licensed by FSCO. A service provider's licence can be revoked if they have not paid an assessment required by the Act.
Amendments to the Insurance Act
The amendments to the Insurance Act fall into 2 categories: those that related to the payment of statutory benefits and those that relate to the regulatory powers of the Superintendent.
A new category of accident benefits would be created called "listed expenses." Listed expenses would include medical, rehabilitation and attendant care benefits under sections 15, 16 and 19 of the SABS as well as assessments and examinations under sections 25 and 44 of the SABS.
An insurer would not be able to make payment for listed expenses to a service provider unless the provider was licensed by FSCO. An insurer would be able to reimburse a claimant. Other exceptions may be set out in regulations. Licensed service providers would be required to comply with business standards which are to be set out in regulations and submit invoices directly to an insurer (or HCAI). The classes of licences would also be set out in regulations.
The Superintendent would be authorized to issue a licence if he is satisfied that the service provider applying meets all the requirements for licensing. The Superintendent can impose conditions on a licence and can revoke or suspend a licence for non-compliance. A licence is not transferable. Decisions of the Superintendent can be appealed to the Financial Services Tribunal.
A licensed service provider would have to designate a principal representative based on criteria set out in regulations and that person would have to carry out certain duties set out in regulations.
There is a new provision that clarifies that a guideline issued by the Superintendent would be binding if it is incorporated by reference into the SABS.
The three auto insurance statutory reviews (in sections 289, 289.1 and 417.1) would be combined into one review that must occur at least every three years. The Minister would provide the report to the legislature. The first review would take place in 2013.
The powers of the Superintendent would be expanded to investigate anyone who was previously in the business of insurance, licensed service providers or anyone else the Superintendent considers may be engaged in unfair or deceptive acts or practices. This would include examining records, books and other information held by a licensed service provider.
Amendments to the Automobile Insurance Rate Stabilization Act, 2003
The Automobile Insurance Rate Stabilization Act, 2003 (Bill 5) was passed in 2003 to temporarily freeze auto insurance rates for private passenger vehicles and to provide for the review and regulation of risk classification systems and automobile insurance rates for private passenger vehicles. Some of the provisions were repealed in subsequent years.
A new provision would establishes an industry-wide target for the reduction of rates that insurers are permitted to charge for the private passenger vehicles. The rate would be set 15%. A regulation would be approved that sets out how to determine an industry-wide average rate reduction as well as the time frame for achieving the rate reduction. The regulation could allow for periodic reductions as opposed to a one-time reduction.
The Superintendent would be able to order an insurer to file new rates before a certain as well as order the insurer to begin using the new rates as of a specific date. An insurer's rates would be presumed to be not "just and reasonable" if in the Superintendent's opinion they do not contribute to the 15% rate reduction target. In addition, the Superintendent would be able to refuse a rate filing if the proposed risk classification system is not reasonably predictive of risk, the proposed rates would impair the insurer's solvency or the proposed rates are excessive in relation to the insurer's financial circumstances.
An order by the Superintendent is final and not subject to appeal.
Amendments to the Financial Services Commission of Ontario Act, 1997
The sectors regulated by FSCO would be expanded to include service providers licensed by FSCO. A service provider's licence can be revoked if they have not paid an assessment required by the Act.
Amendments to the Insurance Act
The amendments to the Insurance Act fall into 2 categories: those that related to the payment of statutory benefits and those that relate to the regulatory powers of the Superintendent.
A new category of accident benefits would be created called "listed expenses." Listed expenses would include medical, rehabilitation and attendant care benefits under sections 15, 16 and 19 of the SABS as well as assessments and examinations under sections 25 and 44 of the SABS.
An insurer would not be able to make payment for listed expenses to a service provider unless the provider was licensed by FSCO. An insurer would be able to reimburse a claimant. Other exceptions may be set out in regulations. Licensed service providers would be required to comply with business standards which are to be set out in regulations and submit invoices directly to an insurer (or HCAI). The classes of licences would also be set out in regulations.
The Superintendent would be authorized to issue a licence if he is satisfied that the service provider applying meets all the requirements for licensing. The Superintendent can impose conditions on a licence and can revoke or suspend a licence for non-compliance. A licence is not transferable. Decisions of the Superintendent can be appealed to the Financial Services Tribunal.
A licensed service provider would have to designate a principal representative based on criteria set out in regulations and that person would have to carry out certain duties set out in regulations.
There is a new provision that clarifies that a guideline issued by the Superintendent would be binding if it is incorporated by reference into the SABS.
The three auto insurance statutory reviews (in sections 289, 289.1 and 417.1) would be combined into one review that must occur at least every three years. The Minister would provide the report to the legislature. The first review would take place in 2013.
The powers of the Superintendent would be expanded to investigate anyone who was previously in the business of insurance, licensed service providers or anyone else the Superintendent considers may be engaged in unfair or deceptive acts or practices. This would include examining records, books and other information held by a licensed service provider.
Insurance News - Friday, May 10, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Friday, May 10, 2013:
- A National Safety Council study indicates that cell phone use in fatal crashes in the U.S. often goes unreported because drivers are reluctant to admit to distracted driving.
- The Ontario Court of Appeal has ruled against the city of Hamilton over their refusal to participate in mediation under s.258.6 of Insurance Act in relations to an auto insurance claim.
- Changes are coming to the New Brunswick auto insurance system. On July 1 the cap on damages for minor injuries goes up to $7,500 and a new minor injury definition becomes effective. The definition is very similar to the Ontario definition.
- Perhaps this time New York will make some progress on anti-fraud measures. The state Senate approved 3 anti-fraud bills. One make it a crime to stage accident, another makes it illegal to act as a runner for a staged accident and the third bill allows insurers to retroactively cancel policies taken out by people who commit auto fraud.
- A study by the Candrive Research Network suggests that the less confident seniors are driving, the less they drive and the more their skills deteriorate.
- Premier Wynne has rejected the NDP’s demand for a one-year time frame for auto insurance cuts, suggesting that they could lead to a possible availability crisis.
Tuesday, 7 May 2013
Insurance News - Tuesday, May 7, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, May 7, 2013:
- Connecticut legislators are considering allowing insurers to consider distracted driving when rating drivers to improve compliance and punish drivers who continue to use their phones while driving.
- The New Jersey Assembly approved a bill targeting drivers who buy out-of-state insurance but keep their vehicles in New Jersey.
- Can remote texter be liable if driver is distracted by message? New Jersey appeals court mulls novel theory.
- Hundreds of millions in claims saved in the past decade since Massachusetts founded fraud-fighting task forces
- First step to Michigan auto insurance reforms, House panel approves bill to end unlimited medical benefits.
Monday, 6 May 2013
Insurance News - Monday, May 6, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, May 6, 2013:
- Fraud is Michigan other auto insurance problem and the governor is proposing to create a special fraud prevention authority to address the problem.
- Mainstream technology adoption is having an impact on how Canadian auto insurance customers interact with insurer, according to the J.D. Power & Associates 2013 Canadian Auto Insurance Satisfaction Study.
- A Toronto Star article on minor injuries, I really miss James Daw's balanced writing: Why Ontario’s $3,500 minor injury cap is too low.
- This is a must read, Economist Debates: Driverless cars- Are completely self-driving cars feasible in the foreseeable future?
- Summer the most dangerous time of the year for teen drivers, with an average of 8 teens killed per day in accidents during summer months based on U.S. statistics over past 5 years.
- The Pembina Institute wants to remind everyone not let auto insurance concessions “collide” with our goals to reduce gridlock.
- Some questions coming out of the Budget, who will receive promised auto insurance cuts based on "good driver" definition?
- Forum Research poll: 48% of Ontarians want NDP to support Liberal budget and avoid an election, 36% would have the NDP trigger an election.
Thursday, 2 May 2013
2013 Ontario Budget - Auto Insurance
The section on auto insurance in the Ontario Budget document is likely the longest I can remember. Certainly the auto insurance file has been given a higher profile given rate relief is one of the demands coming from the NDP over the past few months.
To achieve the 15% premium reduction, the government will introduce legislative amendments that would, if passed:
Other government announcements include:
The government will also conduct further study and consultation on other initiatives to reduce costs, including provincial oversight of towing and amending the definition of catastrophic impairment in the Statutory Accident Benefits Schedule. There are both contentious issues to the government is only committing to further review and consultation.
To achieve the 15% premium reduction, the government will introduce legislative amendments that would, if passed:
- Legislate a premium reduction of 15% on average within a period of time to be prescribed by regulation. The Budget does not indicate whether that time period would be 1 year as demanded by the NDP.
- Require insurers to offer lower premiums for consumers with safe driving records. This is an interesting twist. If the average reduction is 15% and safe drivers are being targeted for the biggest reductions, does that mean they will see greater than 15% reductions? Also it will be interesting to see how a "safe driving record" is defined.
- Give the Financial Services Commission of Ontario (FSCO) the authority to license and oversee business practices of health clinics and practitioners who invoice auto insurers. This is part of the implementation of recommendations made by the Auto Insurance Anti-Fraud Task Force.
- Provide the Superintendent of Financial Services with the authority to require insurers to file for rates. Bill 5 in 2003 removed from the Insurance Act, the authority for the Superintendent to require insurers to refile their rates. That authority is finally being restored.
- Make the Superintendent’s Guidelines binding — incorporated by reference in the Statutory Accident Benefits Schedule. This is directly related to the recent Scarlett and Belair arbitration decision. It may soothe jittery insurance company nerves but is not likely needed.
- Expand and modernize the Superintendent’s investigation and enforcement authority, particularly in the area of fraud prevention. This is also part of the implementation of recommendations made by the Auto Insurance Anti-Fraud Task Force.
- Consolidate statutory auto insurance reviews. This recommendation was first made by the Superintendent in the 2009 Five-Year Review Report but has never been implemented. Currently, FSCO conducts a two-year review of the statutory accident benefits, a three-year review of the rates and classifications system and a five-year review of the auto insurance system There are no cost savings related to this proposed legislative amendment.
Other government announcements include:
- A review of the current auto insurance dispute resolution system by an expert and propose legislative amendments in the fall of 2013. This initiative was included in the 2012 Budget.
- Basing auto insurance benefits on medical evidence, including directing the regulator to provide an interim report this year on the progress of the Minor Injury Treatment Protocol project.
- Investigating additional new measures to reward safe driving and reduce costs and premiums.
The government will also conduct further study and consultation on other initiatives to reduce costs, including provincial oversight of towing and amending the definition of catastrophic impairment in the Statutory Accident Benefits Schedule. There are both contentious issues to the government is only committing to further review and consultation.
Insurance News - Thursday, May 2, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, May 2, 2013:
- Is it possible that half of all collision repair shops could close within ten years? Some in the industry believe that continued financial pressures on facilities will push many out of business.
- Insurers and brokers are concerned that the announced 15% premium roll-back will not be sustainable without additional reforms and creates unreasonable expectations for consumers.
- Meanwhile, advocates for accident victims worry that the proposed roll-back will lead to additional reforms that will further reduce accident benefits.
- A 2012 study by the Pembina Institute concluded that two-thirds of GTA drivers indicated they would likely try “pay as you drive” auto insurance if it were available.
- Soon, Google won't be the only one with self-driving cars. U.S. carmaker General Motors will soon begin testing the Cadillac Super Cruise which has a a semi-autonomous driving system.
- Armless Saskatoon man ticketed for not wearing a seatbelt he can't do up. There is technology to address this problem - I do remember the automatic seatbelts in the 1970s belted you in passively.
- Finally, is this what commuting in the GTA has become?
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