Insurance News - Tuesday, September 24, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, September 24, 2013:

• What would happen if your self-driving car was to cause a crash in Ontario? Under Ontario's current system you would be at-fault which is no different than if you caused a crash using your cruise-control but your insurer will pay.
• While the first self-driving cars are coming soon, overcoming motorists’ distrust of them may be a challenge.
• With insurers no longer able to use gender as a rating factor in calculating premiums under new EU regulations, the use of telematics to become critical.
• Toronto Sun article suggests GISA numbers show Ontario’s auto insurers can easily afford a 15% reduction in premiums over 2 years.
• NDP Leader Andrea Horwath accuses insurance industry of jacking up auto premiums.

Mike Colle Introduces Bill For New Drivers And Minor Accidents

Liberal MPP Mike Colle who is familiar with the auto insurance file while Parliamentary Assistant to former Finance Minister Greg Sorbara introduced a Bill, the Insurance Amendment Act (Minor Accidents and New Drivers), 2013 on September 18, 2013.   

Bill 100 if passed with require that a risk classification system used by an insurer to determine rates for auto insurance could not consider minor accidents and would provide for lower rates for new drivers by crediting new drivers, in certain circumstances, with additional years of driving experience.

Minor accidents are accidents that result in $2,500 or less in damages, no injuries or death, and that did not result in an insurer making any payments that were not fully reimbursed by an insured driver.

A new driver is disqualified from receiving additional years of credit in a number of circumstances, including if the driver has been found to be more than 25% at fault in a claim arising from an accident, has been convicted of certain driving offences or has had his or her driver’s licence suspended for non-payment of certain fines.  The Bill is similar to an amendment passed in New Brunswick for new drivers called "First Chance" as part of reforms in 2005.

The Bill would reduce rates for new drivers and would prevent rate increases for anyone at-fault in an accident and paid the cost of repairs out of pocket as long as the repairs are less than $2,500.

On August 24, 2013, the Minister of Finance, the Hon. Charles Sousa, issued a policy statement that directed FSCO to review ways to “treat first-time drivers fairly” and to study the mandatory collision reporting threshold as a “potential cost reduction” initiative. 

Insurance News - Wednesday, September 18, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, September 18, 2013:

• Allstate says Usage-Based Insurance is delivering savings to 7 out of 10 drivers.  I just wonder  how long can insurers promise no increase to higher risk drivers? 
• To enjoy driverless cars, first kill all the lawyers. Don't shoot the messenger but will liability concerns slow down the introduction of this new technology?
• Michigan establishes task force to combat fraudulent use of auto insurance cards which is estimated to be at over 16%.
• Former clinic owner pleads guilty to posing as doctor and treating patients.  Licensing health care clinics will address this type of fraud.
• Fraud can come from just about anywhere in the system. A Florida insurance company employee has been convicted of fraud for diverting claims payments for her own personal use.

Insurance News - Tuesday, September 17, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, September 17, 2013:

• So there is a new term now for distracted walking, 'wexters’ and they are a hazard for drivers when they step off the curb.
• A Google Street View car in Indonesia was involved in collision after the company boasted that the vehicles had driven 200,000 accident-free miles.
• Does customer loyalty drive auto insurance rates up because they are reluctant to shop around?
• Pay As You Drive programs can be used to accurately infer your destination, a long-time concern of privacy advocates.  Is the public properly protected?
• California is considering regulating rideshare programs and proposing that drivers carry some form of commercial auto insurance coverage.

Insurance News - Saturday, September 14, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, September 14, 2013:

• Michigan Bill would remove requirement to purchase medical coverage for senior drivers with Medicare.
• One-third of Canadian and U.S. insurers feel inadequately protect from fraud according to FICO survey.
• Nokia a rival of Google is teaming up with Mercedes-Benz to also develop a self-driving car.  Along with Nissan,Audi and Toyota the race is on to be the first out with a robotic car.
• Speaking of driverless cars, will businesses consider a robot instead of hiring a delivery person? 
• The Saskatchewan privacy commissioner says SGI collects too information. The insurer disagrees.
• The strange tale of an Uber car crash and what it means for the future of ride-sharing and auto insurance.
• New Jersey has proposed legislation to allow police to check cellphones for texts without warrants after an accident.

Insurance News - Tuesday, September 10, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, September 10, 2013:

• Sure lower liability limits will save drivers money but only until you have an accident, read this story.
• Do telematics devices really save consumers money? 
• Drivers with a past accident are 88% more likely to have another accident in the future.
• Google's self-driving cars are going to create new liability quandaries - may need to rewrite Ontario's Fault Determination Rules.
• A.M. Best Special Report: Despite Challenges, Canadian Insurance Industry Remains Profitable.
• Women behind the wheel behave almost as badly as me. 
• Queens Park returned for the fall session on Monday and auto insurance rates sure to be one of the issues to dominate.
• In fact on day 1, Ontario NDP calls for quicker action on reducing auto insurance rates but it doesn't appear the government is at risk of being brought down.

Auto Static

There is no escaping talk of telematics these days and what that may mean for automobile insurance. But will telematics put an end to age and gender discrimination?

Telematics has been one of the most talked about issues within the automobile insurance sector over the past several years. Recently Desjardins General Insurance Group launched Ajusto, the first widely available automobile insurance program in Ontario that offers savings to drivers centered on usage-based insurance (UBI) technology. This is ground-breaking territory in Canada despite the fact that pay-as-you-drive insurance has been available in the United States and Europe for some time.

Automotive telematics refers to the technology that uses hardware and software applications with remote communication devices, such as cellphones, GPS and wireless devices, to obtain information about vehicles. Automotive telematics has been in use, mostly in high-end vehicles, for quite some time. But today newer technologies are helping unfold many opportunities for all stakeholders, and more importantly, in emerging economies.

Telematics enables vehicle owners or customers to constantly be in touch with service providers through incorporated software and hardware in their vehicles. In turn, service providers, too, can offer a host of new services based on their customers' preferences.

Also, data sent remotely from a vehicle allows stakeholders such as automakers, dealers, fleet managers and insurance providers to build better customer-relationship strategies.

There have been tomes written on the benefits of telematics and UBI, including lowering premiums for good drivers¸ reducing traffic congestion, allowing parents to monitor teenage drivers and combating auto insurance fraud.

What we have not heard much about is that UBI will allow insurers to begin to move away from historical rating criteria such as age and gender, both of which have been contentious over the years.

HISTORY LESSON

In 1983, Michael Bates alleged that he was discriminated against because Zurich Insurance charged him higher premiums for his automobile insurance than a young, single, female driver with the same driving record or than drivers over age 25. Bates alleged that the rate classification system discriminated by grouping drivers by age, sex and marital status and determining their premiums based on these factors.

Moving forward to 1992, a majority ruling by the Supreme Court of Canada found that Zurich did not discriminate against Bates contrary to the Ontario's Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex and marital status.

The high court reasoned that charging higher premiums to young, unmarried, male drivers was discriminatory and contravenes the Human Rights Code. However, section 21 of the code permits discrimination in automobile insurance because of age, sex, marital status, family status or handicap, and the court determined statistical evidence showed that young, male drivers are involved in proportionately more - and more serious - accidents than other drivers.

The insurance industry, however, was not totally absolved by the Supreme Court ruling. The high court encouraged the industry to begin looking more closely at non-discriminatory alternatives in rate-setting in the automobile insurance industry. It ruled that the insurance industry could continue to use discriminatory criteria such as age and marital status as a bona fide means of assessing risk, but that the industry could not do so indefinitely.

To a certain extent, insurers have used the Bates v. Zurich decision as a green light to base automobile insurance premiums on age, sex, marital status and other socioeconomic factors where statistical evidence supports higher rates. It may be a matter of time before there is another court challenge.

However, the next time it would be difficult to defend the existing practices now that non-discriminatory alternatives actually exist.

CLEAR TREND

The move away from rating based on age, sex and marital status has already begun. It is prohibited to use gender in considering rates for automobile insurance in five provinces, with Alberta only allowing its use for private policies, not through the government-mandated scheme. Ontario, with the largest share of the privately delivered automobile insurance market in Canada, still uses age, sex and marital status in determining premiums.

In the U.S., California recently joined 11 other states that prohibit gender rating in the individual health insurance market. Consumer groups south of the border have been battling insurance regulators to prohibit or restrict non-driving factors in setting automobile insurance premiums. As it stands, insurers have been able to maintain the status quo while developing UBI programs that provide an alternative.

The European Union recently outlawed gender-based insurance premiums. The European Court of Justice's ruling, which follows a 10-year legal battle against the proposals by insurers, will put an end to women getting better deals on car insurance.

The ruling has increased pressure on the industry to adopt better discriminating factors, like those available through telematics.

THE HOME FRONT

It is not just rating based on age, sex and marital status that is under the microscope, but other socioeconomic factors like credit scoring as well. Ontario, Alberta and Newfoundland and Labrador have banned the use of credit scoring in auto insurance as a result of pressure from politicians. Politicians, supported by insurance brokers, have begun to turn their attention to the home insurance market, where the use of credit information is also used.

The Office of the Privacy Commissioner of Canada recently released a report stating it did not object to the use of credit information for purposes of assessing insurance risk. It was noted section 8 of Ontario's Consumer Reporting Act confirms that credit information may be disclosed for the purpose of underwriting insurance. However, the commissioner also noted there is no obvious link between credit information and insurance premiums - and little transparency in the use of credit information.

So while the use of age, sex and marital status, as well as other socioeconomic factors, in rating drivers has been upheld by courts and tribunals, their continued use attracts criticism and, in some cases, legislative action.

Although UBI is still not available to many drivers, insurers who are considering moving towards UBI ensures that predictive criteria continue to be available as governments prohibit or restrict traditional criteria. In Canada, automobile insurers are keeping a close watch on developments at Desjardins.

Insurance News - Saturday, September 7, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, September 7, 2013:

• The 2014 Honda Odyssey is the first minivan to receive the top safety pick designation from the Insurance Institute for Highway Safety. 
• If insurers guarantee drivers’ premiums would not rise, 89% of U.S. drivers open to UBI. In the problem is that in the long-term the promise of no premium increases is not sustainable.
• It seems an Iowa woman had a blood alcohol content of .341. Is that even possible?
• Audi plans to unveil mobile app that automatically finds a vacant parking spot, sans driver.
• Self-driving cars: Have we really thought this through?
• Self-driving cars face roadblocks - HTA requires licensed drivers, who is at fault when 2 self-driving cars collide...
•  If you've been wondering what it takes to make a self-driving car...

Insurance News - Wednesday, September 4, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, September 4, 2013:

• It seems all these new electronic proof of insurance laws are confusing police. What to do if the driver doesn't let an officer take their smartphone back to the squad car?
• Sprint launches technology that blocks a driver’s cell phone from sending and receiving text messages and surfing the Web.
• A New Jersey auto insurance group has released results of a study that offers some interesting new insights into the distracted driving behaviors of young New Jersey drivers.
• GM also claims that almost-driverless cars will be out by 2020.
• Europe wants to jump on the Big Brother tactics by limiting a car's top speed to the posted speed limit--no matter the driver's input.
• Another worry regarding self-driving cars - hackers find ways to hijack car computers and take control.

Insurance News - Sunday, September 1, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Sunday, September 1, 2013:

• Google’s $258 million investment in the car-hailing app company Uber made headlines last week.  Google’s interest in Uber is likely connected to their ongoing investments in driverless or autonomous cars, and it shows that the potential of this technology is much greater than is commonly realized.
• Transport Canada says deaths from distracted driving up 17% over last 5 years. News like that makes you look forward to seeing self-driving cars on the road. 
• Can smartphones prevent crashes? That's what the future may hold as Honda demonstrated a car equipped with dedicated short-range communications technology that can detect a pedestrian with a smartphone that has the same tech installed.
• U.S. Appeals Court sides with insurer in New York case where policyholder claimed optional benefit was misleading.  Policyholder thought he was getting in excess of the standard $50,000 in coverage instead of expanded coverage for other vehicles and passengers.
• Missouri is considering an uninsured motorist bill that would take away the right from uninsured drivers to sue an at-fault driver for non economic damages.
• ICBC is looking for a 4.9% rate increase for it basic auto insurance coverage but says much of the increase will be offset by rate reductions to optional coverage.

Dispute Resolution System Review Is Seeking Submissions From Stakeholders

On August 23, 2013 Ontario Minister of Finance Charles Sousa announced that he had appointed the Honourable J. Douglas Cunningham, former Associate Chief Justice of the Ontario Superior Court of Justice, to conduct the review of Ontario’s dispute resolution system.  

Mr. Cunningham is seeking stakeholder perspectives on the Ontario auto insurance dispute resolution system and the Ministry of Finance has posted on their website an invitation to stakeholder so make submissions.

Written submissions can be sent to the Ministry of Finance on or before September 20, 2013.

Mr. Cunningham is expected to deliver an interim report to the Minister of Finance in October 2013, and a final report in February 2014.  

Insurance News - Thursday, August 29, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, August 29, 2013:

• The courts are turning their attention to the dangers of texting and driving. A New Jersey appeals court ruled that a person could have a legal duty to avoid texting with someone who is driving.
•  Only five remaining U.S. states have no prohibition whatsoever on texting while driving.
• Auto insurers shouldn't just focus on claims fraud.  The latest trend in the U.S. is underwriting fraud by applicants who conceal or misrepresent information.
• Insurers love to insurer safe drivers.  So what is the safest city in America to drive in? Fort Collins, Colorado according to Allstate claims data. 
• Get ready to hand over control over the steering wheel because Nissan is planning to introduce their first self-driving cars by 2020.
• FSCO officially eliminated their mediation backlog as of August 19th but now they will have to focus on a build up of arbitration applications.

FSCO Lowers ROE Benchmark to 11%

When approving filed auto insurance rates from individual insurance companies FSCO has allowed a reasonable rate of return. In his 2011 Annual Report, the Auditor General of Ontario discussed the changed economic environment since 1996 when the return on equity (ROE) benchmark was last updated and recommended that it be reviewed. The Ontario Government endorsed the recommendation in the 2012 Ontario Budget.

 FSCO selected two consultants (Dr. Fred Lazar and Dr. Eli Prisman of York University) to conduct the ROE review for automobile insurance. The ROE review included consultation with stakeholders and is now complete and is posted on the FSCO website.

FSCO uses an after-tax , return on equity ( “ ROE ”) benchmark in the rate review process for rate filings by auto insurance companies in the province. The benchmark was initially established at 12.5% in 1988. In 1996 the ROE benchmark was reduced to 12%. The ROE benchmark is one of many variables used in the rate review process .

Three other provinces (Nova Scotia , New Brunswick and Newfoundland and Labrador) use an ROE benchmark ranging from 10% to 12%.

In carrying out their review of FSCO’s ROE benchmark the consultants examined various approaches and settled on the Capital Asset Pricing Model (CAPM) , which is a widely accepted methodology for estimating a company’s cost of equity capital

The consultants concluded that the current cost of capital for insurers is below FSCO’s current 12% after-tax ROE benchmark. They noted , however, that the current risk-free rate is abnormally low as the Bank of Canada deals with the aftermath of the 2008-9 economic and financial crisis and likely underestimates what the risk-free rate might be under more normal economic conditions.

Consequently, the consultants concluded that it would be inappropriate to apply the CAPM simplistically, noting that if it had been applied continuously from 1995 with appropriate risk-free rates and market risk premiums, the resulting ROE would have moved sharply from year to year, in some cases changing by more than 150 basis points. To address the volatility in the application of the CAPM model, the consultants proposed moving to a 5 or 10-year rolling average for the ROE benchmark, utilizing the CAPM results calculated in the report 

If a 10-year rolling average were used to determine the ROE benchmark, for 2013 the benchmark would be between 11.20% and 11.28%. If a 5-year rolling average were used , the benchmark for 2013 would be between 10.40% and 10.56%.

 As a result, FSCO has determined that it will now be using an 11% ROE as a benchmark for Automobile Insurance rate filings, effective immediately.

Insurance News - Monday, August 26, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, August 26, 2013:

• Another U.S state (Illinois) allows drivers to use phones as proof of auto insurance coverage but still no initiative in Canada.
• Illinois also now has higher minimum coverage for third party liability. The new amounts are $25,000 for injury or death of one person (up from $20,000) and $50,000 for injury or death of two or more people. Still one of the lowest in terms of TPL coverage. 
• According to a LexisNexis Insurance Telematics study 36% of consumers would switch auto insurers to receive usage-based insurance discount. 
• Do people with luxury cars drive differently? Apparently they do.
• Posting on Facebook about driving drunk got a teen arrested when he bragged about hitting another car.

Insurance News - Saturday, August 24, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, August 24, 2013:

• A Cornell University study based on interviews of industry members suggesting that prior approval of auto rates does not benefit consumers.  Although most experts agree that promoting the affordability and availability of auto insurance are appropriate objectives for regulators, they express strong disagreement with many of the tools commonly used by regulators.
• Bad news for older truck drivers; it seems that employees age 55 or older who drive as part of their jobs are more likely to be killed in accidents than younger colleagues because of declining cognition and greater susceptibility to injury. 
• Mixed reviews on the government's strategy to reduce auto insurance rates as consumers will need to wait 2 years (or longer depending on when their policy is up for renewal) to see the full 15% reduction.
• As well, the amendments to the Automobile Insurance Rate Stabilization Act, 2003 were proclaimed in force effective August 16, 2013. 
• Driver surprised to learn her auto insurer has launched a lawsuit without her knowledge.  Her insurer has used section 24 of the Repair and Storage Liens Act to resolve a dispute over storage costs.
• Newly licensed teens often drive older vehicles short of safety features that might lessen injuries in the event of a crash.

Ontario Government Moves Forward On Its Rate Reduction Strategy

This week the amendments to the Automobile Insurance Rate Stabilization Act, 2003 (AIRSA) were proclaimed in force effective August 16, 2013. 

In addition, the government filed an Industry-Wide Rate Reduction Target Regulation which calls for an average rate reduction of 15% by August 15, 2015.  The government is also aiming to make an average 8% rate reduction by August 15, 2014. It will also expect a report in January 2014 from FSCO to show an approved rate reduction of 3% to 5%.

This was followed by FSCO releasing a bulletin that begins the process for insurers in Ontario to refile their auto insurance rates. 

Also announced today was the appointment of  Douglas Cunningham also has been appointed to lead a review of Ontario’s auto insurance dispute resolution system and make recommendations on transforming the current system.  Mr.  Cunningham is a former Associate Chief Justice of the Ontario Superior Court of Justice.

Insurance News - Thursday, August 22, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, August 22, 2013:

• California could be the 5th U.S. state to allow e-delivery of insurance documents. A state Senate bill would allow policy renewals to be sent electronically to policyholders’ computers, tablets and mobile devices.
• Eventually insurers will need to move beyond discounts to attract consumers to user based insurance.  After all not every driver can be given a discount once UBI becomes mainstream.
• Insurers looking for ways to stand out in terms of the kind of billing experiences they are providing policyholders using technology such as portals, websites and mobile apps. More and more consumers prefer online payment systems.
• Georgia is most expensive state to own a car and Oregon the least expensive. Although insurance costs are part of the difference, the gap is largely unrelated to car ownership but rather state taxes.
• Ontario court rules in favour of the government thereby allowing new regulations governing physiotherapy for seniors to take effect immediately.  The government claimed the existing system delivered by for-profit clinics was being abused.
• Study suggests gender differences in Post Traumatic Stress account for why women are more at risk after a motor vehicle accident.
• Finally, a Minnesota man has lost his driver's licence for driving too slow.

Insurance News - Tuesday, August 20, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, August 20, 2013:

• Fatal collisions by 'distracted drivers' up 17% in Canada and distraction surpasses impaired driving deaths in 3 provinces.
• One in five fraudulent claims are never detected so here are five keys to countering claims fraud.
• According to the Insurance Research Council, in 2009 the proportion of uninsured drivers in the U.S. was 13.8%. - The state with the highest rate was Mississippi at 28.0% and the lowest state was Massachusetts at 4.5%.
• Another article on telematics which is now reaching the mainstream media: New software allows insurers to track driving habits and personalize premiums.
• The pattern is the same in every jurisdiction.  In the U.K. as auto insurers tighten up claims handling, fraudsters are moving away from just exaggerated claims to staging accidents.

Insurance News - Thursday, August 15, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, August 15, 2013:

• There are 41 U.S. states with distracted driving laws on the books. So is here adequate enforcement and are the laws making a difference?
• A study by JAMA Pediatrics has evaluated teens with ADHD who have also experienced distracted driving and it shows that they are even a greater driving risk. 
• The cost of driving is delaying teens in getting licensed. Since they tend to be high risk drivers does that work out to be a good think or bad thing?
• A Metro Vancouver project is monitoring private cellphones to track traffic jams using anonymous GPS data.
• In St. Petersburg, Florida, 60% of the city’s car thefts happened because the victims had left their keys inside.
• Data monitoring is saving some people money on their auto insurance, yet some people will end up paying more.  But didn't we always know this would happen?

Will Ontario's Experience With Licensing Clinics Be Better Than Hillsborough's?

Florida's Second District Court of Appeals has effectively ended Hillsborough County's attempt to regulate clinics that enabled an epidemic of staged auto accidents.  The appellate court upheld an injunction issued in January that blocked enforcement of the ordinance.

Back in January a Circuit Court judge issued a temporary injunction against the county preventing it from enforcing licensing requirements for clinics that do most of their business treating people injured in auto accidents.

The County Commissioners passed the ordinance in September 2011 in an effort to stop staged accidents which were used to collect money under Florida’s personal injury protection (PIP) insurance law. Florida law requires auto drivers to carry $10,000 in PIP insurance. Law enforcement and the insurance industry said criminal rings defrauding the system were aided by fake clinics that billed insurance companies for bogus treatment.  The Hillsborough ordinance requires that operators of certain clinics obtain a county licence, offer proof that they are associated with a medical doctor, don't employ convicted felons in any positions and submit to random inspections.

About 70 clinics had been approved for licences under the ordinance, which exempted medical providers whose businesses don't rely on crashes or that carry some other forms of accreditation. Enforcement of the ordinance has been on hold since the lower court ruling late last year.

The county noted that there was a 62 percent decrease in the number of staged accidents following the introduction of the ordinance.  Many of the fraudulent clinics just closed which impacted on the number of staged accidents and questionable claims.

About 30 facilities argued that the county ordinance unlawfully sought to pre-empt state law under which they are licensed by treating the clinic owners in Hillsborough County differently than any other clinic owners in the state  They also said it had an arbitrary and subjective process for people challenging the denial of a licence, subjected them to unlawful searches from a broad array of law enforcement and included other requirements that made it all but impossible for otherwise legal clinics to operate.


It is still unknown how the county will respond to the decision. 

As Ontario moves towards the licensing of clinics operating in the auto insurance system, there may be some lessons to learn from the Hillsborough experience. 

Statutory authority to introduce a licensing system for all clinics in Ontario is a much better approach than Hillsborough going out on its own.  FSCO has been given jurisdiction to license the clinics by the Legislature.  However, in developing and enforcing business standards for clinic owners and operators, the regulator needs to be cautious and ensure that it does not act in an arbitrary or subjective manner.  Reputation alone cannot be the basis for denying a licence.

Insurance News - Wednesday, August 14, 2013:

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, August 14, 2013:

• Court challenges by clinics in Hillsborough County, Florida have pretty much killed the county ordinance requiring licensing for clinics treating auto accident victims.  Less likely to happen in Ontario since province has created statutory authority for licensing system.
• Grumblings from New Brunswick where auto insurers anticipated higher accident rates and therefore charged drivers excessive premiums leading to excessive profits.
• Vancouver's transit authority is considering driverless buses guided by computerized maps and laser technology.

Insurance News - Tuesday, August 13, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, August 13, 2013:

• According to a survey by Hanouver Insurance Group, 60% of customers of direct writers eventually return to independent agents.
• Another study has found that insurance customers are more likely than other types of consumers to switch after bad service.
• It appears as if a significant proportion of drivers is not open to the idea of user based insurance according to the company with the largest number of policyholders enrolled in its UBI program.

No Fee Increase For Health Care Providers In 2013

A recent bulletin issued by the Financial Services Commission of Ontario released an updated Professional Services Guideline.  The main purpose of the revised Guideline was to recognize that kinesiologists are now regulated health professionals as defined in the Statutory Accident Benefits Schedule now that they are governed by the College of Kinesiologists of Ontario.

In an effort to avoid increasing costs in the auto insurance system, FSCO has not changed the hourly rates in the Guideline from the 2012 levels. This is in line with the commitment by the government to reduce auto insurance rates by 15% as outlined in the 2013 Spring Budget. The hourly rates of kinesiologists have also not changed.

The revised Guideline is effective August 3, 2013 but technically there is no change.

The FSCO bulletin and revised Guideline can be found here.

Insurance News - Thursday, August 8, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, August 8, 2013:

• Data released by the National Highway Traffic Safety Administration suggests that just as drinking and driving can be deadly, so is drinking and walking, Thirty-five percent of  pedestrian fatalities had blood alcohol content levels of .08 or higher, the legal limit for driving. 
• Ever since the recession hit in 2007, Americans have been driving less and less. And a big chunk of that decline has been due to the fact that kids these days aren't even getting a driver's license. Why?  Too much hassle.
• Another impact of the recession, he average age for vehicles in America has climbed to an all-time high of 11.4 years. 
• The Insurance Bureau of Canada has launched a database of damaged vehicles from the Alberta and GTA floods.

Insurance News - Tuesday, August 6, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, August 6, 2013:

• A U.S. study has revealed that insurers couldn’t accurately detect fraud potential based on any single behavioral characteristic viewed in isolation. Precise detection comes from bringing together multiple characteristics to create an overall picture of the probability of fraud. 
• Here is an interesting consequence of high auto insurance rates in Michigan. In Detroit where rates are highest, there is low voter participation rates because voter registration is tied to one's drivers' licence. Drivers are choosing insurance fraud over voting.
• Nearly 500,000 motorists in 18 New Jersey towns are receiving notice about a $4.2 million settlement the from a class-action lawsuit over tickets generated by red light cameras.
• Quebec Tribunal agrees with SAAQ which had rejected Montreal developer’s auto insurance claim after would-be assassin shot him in his car.
• U.S. hospitals are billing auto accident victims directly to get around discounted rates from health insurers in order to maximize revenues. The victims must pay the hospital out of their auto insurance settlement.

Insurance News - Friday, August 2, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Friday, August 2, 2013:

• The Federal government is taking another run at removing the HST exemption for independent medical evaluations or assessments. A tax lawyer suggests they may the proposed amending language may fail.
• Driving to the beat of the music may lead to higher auto insurance rates. Here are some infographics which demonstrates how the music drivers listen to in the car has an impact on driving behaviours, from accidents to speeding tickets.
•  If you think driverless cars are just a pipe dream, well four U.S. jurisdictions are setting ground rules for self-driving cars on the roads.
• An interesting articles about the ethics of saving lives with driverless cars.  Things get murky when you factor in that some people might actually be killed by a robot car.

Insurance News - Wednesday, July 31, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, July 31, 2013:

• Ontario auto insurers are setting aside higher reserves because of rising litigation at the same time the government is committed to lowering rates by 15%.
• 90% of customers in Canada are satisfied with the settlement of their auto insurance claim according to a J.D. Power study.
• Toronto police are targeting e-bikes (they don't need to be licensed or insured) in an attempt to enforce HTA and city by-laws.
• A Claims Canada article headline is: MIG: Gone with the wind? Has the Scarlett decision really changed anything?
• Researchers are suggesting that obese drivers are less likely to wear a seatbelt and more likely to be injured in an auto accidents.
• California, New Jersey and Hawaii have auto insurance programs geared to drivers below the poverty line in order to keep them insured.  Would a similar program in Ontario reduce the number of uninsured drivers?
• You know all those stories about the risk of connected cars getting hacked and causing accidents?  Well read this story.
• Good news about drinking and driving campaigns, young Canadians heed the message and are using designated drivers.

Insurance News - Monday, July 29, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, July 29, 2013:

• Which U.S. city has the worst drivers? According to an informal survey it's Miami followed by Atlanta and New York. 
• Self-driving cars will set off an economic and cultural earthquake. 
• Making best use of social media within the insurance sector.
• British auto insurance rates have fallen by 9.8% after insurers get tough on fraud.
• The provincial government's attempt to address abuse by private clinics in the delivery of physiotherapy to seniors hits a roadblock. These same clinics operate in the auto insurance sector.
• Ontario by-elections are being held this week and Liberals are only leading in one riding. All of the contested ridings were held by Liberals prior to the by-elections.

Insurance News - Friday, July 26, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Friday, July 26, 2013:

• Ontario auto insurance rates are to come down by 15% this year but they are going up 5% in Alberta. 
• If you think auto insurance fraud is bad in Toronto well Britain is considered the "whiplash capital of the world" with £1.1 billion in fraud in 2012.
• Then there is the Italian mafia gang making millions from car crash insurance scams.
• A cyclist found guilty of manslaughter for running down a pedestrian; could be the first such conviction in the U.S.
• The age of the connected car will bring new safety, comfort — and the threat of your car getting hacked.
• Did you know that different genres of music affect driving habits? So insurers may want to avoid drivers who listen to heavy metal and sports talk radio.

FSCO Mediation Backlog Will Soon Be Eliminated

Between 2007 and 2012 FSCO experienced an unprecedented 99 per cent increase in Applications for Mediation (from 14281 to 28,389), which resulted in a substantial backlog of files.

FSCO successfully implemented an aggressive action plan to address the backlog. This included initiatives such as the eCalendar, Consent Failures, mandatory settlement blitz days, and the use of a private service provider to supplement FSCO’s mediation and arbitration services. As a result, the mediation backlog has been substantially reduced from 29,142 files at the end of March 2012. In fact, the backlog will be eliminated by the end of August 2013.

 

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Insurance News - Wednesday, July 24, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, July 24, 2013:

• Deloitte report, Insurance Tech Trends 2013: Elements of Postdigital, says a convergence of five technology trends - analytics, mobile computing, social media, cloud computing and cyber liability - ultimately will reshape the way the insurance industry operates.
• Ministry of Health plans to shake up private physiotherapy sector on August 1 by diverting physiotherapy OHIP funding for seniors away from some large players (like Achieva, Centric Health) to LHNs and CCACs.
• U.S. consumer group says blue-collar workers and those without college degrees pay more for auto insurance.
• Paper by CNI Health Services: Malingering of Psychiatric Problems, Brain Damage, Chronic Pain, Controversial Syndromes in a Personal Injury Context. 
• American Civil Liberties Union claims that police are using licence plate readers to track and collect data on American motorists' location.  As a result, enormous databases of innocent motorists’ location information are growing rapidly. 
• Ontario Liberals are falling behind in recent polling and will likely lose at least 2 seats (in Windsor and London) in August 1st by-elections.  So will a Liberal set back impact on a possible fall election?
• On a related note, are the summer by- elections an exercise in voter suppression to give the Liberals a better shot at holding on to these ridings?

Insurance News - Monday, July 22, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, July 22, 2013: 

• One outcome of Superstorm Sandy was a drop in consumer satisfaction following a high number of total-loss auto insurance claims.
• Not only is Detroit bankrupt but it is a city where no one has auto insurance.
• Rhode Island governor signs bill limiting when insurers can declare a car a total loss into law to the strong objections to the insurance industry (see July 11 Insurance News update).
• Britain's Competition Commission will investigate auto insurance industry practices regarding physical damage repairs which has alleged to have increased premiums by £225 million a year.

Round 2 of Henry v. Gore Mutual, Claimant Wins Again

The Court of Appeal has released its decision in Henry v. Gore Mutual, unanimously upholding the motion judge’s decision on the meaning of the “economic loss” threshold under the post-September 1, 2010 SABS.

Henry v. Gore Mutual was the first court decision to deal with the SABS definition of "incurred expense" which was introduced on September 1, 2010.

Justice Ray found that as long as a family member providing attendant care sustains "an" economic loss, regardless of the amount of the loss, presuming the injured person pays, promises to or is obliged to pay for the attendant care, the insurer must pay "all reasonable and necessary attendant care".

In this case the actual economic loss was just over $2,000.00 per month. The family was claiming $6,000.00 as determined by a Form 1 submitted to the insurer. The Court found that test of "economic loss" was a threshold finding for there to be an "incurred expense", "but is not intended as a means of calculating the quantum of the incurred expense".

The Court of Appeal agreed with the motion judge and dismissed Gore’s appeal. The Court held that under the SABS, economic loss serves as a threshold for entitlement to (and not as a measure or factor in quantifying the amount of) reasonable and necessary attendant care benefits to be paid by an insurer.  The Court of Appeal refused to provide its own definition of “economic loss” despite Gore’s request to do so.

So what is the impact of these decisions?

I have been told by some in the insurance industry that the benefit payments are intended to be limited to the family member's economic loss. I've also been advised by the plaintiff bar that if a family member used $5 in gas to travel to the claimant then it allows them to claim the full attendant care benefit.

For almost several years I've expressed the view that neither of these interpretations would likely prevail. The intent of the SABS drafting was not to limit payments to the amount of the economic loss. If it had been different language would have been used. In fact during consultations on the Regulation in 2010, some insurers were concerned that the proposed definition was unfair if it limited family members from being compensated for providing attendant care services.

However, to suggest that any economic loss, even the most trivial one, would trigger thousands of dollars in benefit payments would also be contrary to the intent of the Regulation. In fact such an interpretation would make the definition meaningless. Justice Ray recognized that the drafters had intended to exclude non-professional caregivers if they did not incur an economic loss. In his decision he is clear that they type of economic loss that would trigger benefit payments was lost income.

However I am sure there will be lawyers that will take the arguments made in Henry v. Gore Mutual and try to extend it to other economic losses not just income loss. They may even suggest that the $5 in gas consumed to travel to the claimant qualifies as an economic loss under the definition. For now we have to rely on the courts to follow the original intent of the provision. 

Insurance News - Tuesday, July 16, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, July 16, 2013:

• Anatomy of a Florida staged accident ring where fraudster are after just $10,000 in medical benefits, not much different in Ontario.
• A PwC survey suggests that the following are the top international insurance risks: regulations, investment performance, macro-economic trends, business practices and natural catastrophes.
• Globe Commentary: Why insurance brokers routinely lose my business.
• This is one sordid auto insurance fraud case: Crooked doctor always used his injured hand to unhook my bra, mistress tells federal prosecutors.
• The downside of Big Data, U.S. data brokers are selling car locations for $10 online. 
• Jackson, Mississippi has a ‘Pothole Robin Hood’ who steals asphalt from city to fix pothole.  I think we can all share his frustration.
• If you think Toronto's July 8 storm was bad, South Carolina received 9" of rain on Saturday. The flood waters were so strong they washed cars off roads.

2nd Quarter Auto Insurance Rate Filing Approvals Drop By 0.09%

FSCO reports that rate filings approved during the second quarter of 2013 declined on average by 0.09%, based on the entire market. However, you can't really read too much into these figures since only about 25% of the market had new rates approved during the quarter and the majority of those involved no rate increase or decrease at all but rather re-adjusting their rates.  Only 5 companies had rate changes approved representing just 4.5% of the market.

With the government commitment to reduce rates by 15% in the backdrop, insurers have not been filing for rate changes but instead waiting to see how the rate rollback will play out.

The FSCO quarterly rate change announcement can be found here.

Insurance News - Monday, July 15, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, July 15, 2013:

• New auto insurance verification in Mississippi to be rolled out in 2014 to reduce number of uninsured which estimated to be at 28%.  Fines expected to collect $150 million.
• A video of a clinical and forensic psychologist explaining how adjusters can identify, avoid and diffuse potentially violent situations in the field.
• In Columbia, South Carolina wants to get tough on drunk drivers and will pay tipsters $100 for reporting someone driving drunk.
• Hard to believe how low some people can stoop but here is a story about children being endangered in a string of staged accidents.
• Baseline Telematics and Saskatchewan Government Insurance are piloting world's first motorcycle usage-based insurance program.

Insurance News - Thursday, July 11, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, July 11, 2013:

• A Nova Scotia driver found guilty of killing teens while impaired by drugs may be the first conviction of its kind in Canada.
• Rate evasion takes place in states with high auto insurance premiums like New York, New Jersey and Florida where drivers buy insurance in another state.  It's also considered insurance fraud.
• Rhode Island insurers are lobbying the governor to veto a bill that would permits auto repair shops to deem a car repairable or a total loss.  They are concerned about the impact on rates.
• Earlier this week Hamilton police pulled over an 11-year-old driver who was out doing errands for his neighbour.  Police have since charged a 68-year-old female with permitting an unlicensed driver to drive a vehicle and having no insurance. 
• Here is the story behind the $200,000 Ferrari that was abandoned in Monday's flood.  It is owned by a lawyer who was in a hurry to get to a hearing in Ottawa.  He actually made it out of town.

Insurance News - Tuesday, July 9, 2013

Most of the news has focused on the Toronto storm yesterday but here some of the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Tuesday, July 9, 2013:

• A self-driving Mercedes arrives in Canada this fall but lawmakers would prefer that drivers keep their hands on the wheel.
• Weed-stinking driver nabbed over the weekend doing 225 km per hour in Mississauga. Most weekends there are quite a number of these charges laid.  In one weekend in April there were 45 stunt driving and speeding charges in Ontario. 
• That was quite the storm yesterday and put a strain on homeowners, commuters and city personnel.  The most unusual would have to be Doug Ford spotted directing traffic at the corner of Dixon and Islington.  How is that for constituency work? 

•  Finally there was a $300,000 Ferrari abandoned on Lower Simcoe in a flooded underpass.  You don't see a floating Ferrari every day.

Insurance News - Saturday, July 6, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, July 6, 2013:

• South Dakota has some of the youngest drivers in North America so they now have a law bars drivers from ages 14 to 16 from using cell phones. 
• How is this for a big tort award?  Jury awards $43 million to a Vermont woman paralyzed in car crash.
• New Brunswick has merged financial regulators.  The new Financial and Consumer Services Commission will be responsible for securities, insurance, pensions, consumer affairs, co-operatives, credit unions, caisses populaires and trust companies.
• California offers a no-frills auto policy to low-income drivers. Those policies just got cheaper as rates fall in that state.  The no-frill policies start at $226.
• FSCO's final 2013 Statement of Priorities is now available online.  A list of auto insurance related priorities can be found here.
• Also last week FSCO launched an auto insurance fraud hotline (1-855-5TIP-NOW ) and a new fraud web portal.
• The Consumerization Of Risk Management: Using technology to allow drivers to reduce their own risk.
• Talk about big sinkholes.  A sinkhole in Ohio was so large it swallowed entire car and the driver needs ladder to climb out. 
• A new way to heal broken bones: 3D-printed casts. I wonder what impact they will have on claims in the long run.
• A Chinese man has to be King of the Scammers. He was involved in 334 staged accidents to scam insurers, that's one every three days for three years.