March 11, 2004

Can Insurer Apply Deductible to Auto Total Loss Claim? - That Depends

In Pauli v. ACE INA Insurance Co., 2004 ABCA 84., 2004 ABCA 84, the Alberta Court of Appeal ruled that Alberta insurers may apply the deductible to the Actual Cash Value in a total loss auto property claim.  The Court held that there were sufficient differences in the wording of the Alberta statute to prevent the outcome in Ontario, where there are several class actions against insurers arising out of the insurers taking credit for the deductible.  The Ontario Court of Appeal has held that this deduction is contrary to the statutory conditions in the auto policy. [McNaughton Automotive Ltd. v. Co-operators General Insurance Co. (2000), 50 O.R. (3d) 300 (Sup. Ct. J.),  rev’d (2001), 54 O.R. (3d) 704 (C.A.), leave to appeal to S.C.C. refused (2002), 289 N.R. 400]. 10:37:41 PM    comment []  trackback []

Federal Government Alleges DND Victim of Fraud

The Globe & Mail reported that the Department of National Defence has asked Hewlett-Packard (Canada) Limited for reimbursement of $160,000,000 it has lost in a fraud.  Apparently the DND was billed for work which was supposed to have been done by subcontractors.  It turns out the subcontractors did not do the work or provide the services.  How do you authorize payment for $160,000,000 in services that were not delivered.  Doesn't somebody notice that something seems to be missing? DND has PricewaterhouseCoopers doing a forensic audit. 10:08:05 PM    comment []  trackback []

RSS Explanation

Dave Pollard has a post explaining what RSS feeds are, why you might want to subscribe and why you might want to have one. (that's the orange XML button on the left) 8:15:46 PM    comment []  trackback []

Firm Settles Two Class-Action Lawsuits over Tax Shelters [AccountingWeb] 7:56:51 PM    comment []  trackback []

© Copyright 2005 Michael Girard.

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