Insurance News - Saturday, January 31, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, January 31, 2015:

• To the list of jobs threatened by the Internet, you can now add independent insurance agents and brokers.
• It appears that Google cars drive on snow and ice like every Torontonian - like it was the first time seeing the stuff.
• Here are five pieces of technology your car may already have which are expected to evolve towards driverless cars.
• It is estimated that driverless cars could save Canadians $65 billion a year through fewer accidents, fuel savings, less congestion and reduced time on the road.
• Uber has suspended some drivers in California who registered cars for commercial use. But the DMV says that only cars with commercial registrations may carry passengers for hire in the state.
• Uber Toronto GM alleges 26 licensed Toronto taxi drivers failed to meet Uber standards thereby suggesting Uber has higher standards.

Personal Injury Lawyer Launches a Constitutional Challenge Against Bill 15

Joseph Campisi, a Toronto area personal injury has launched a constitutional challenge to Bill 15, Fighting Fraud and Reducing Auto Insurance Rates Act, 2014.  The bill received Royal Assent in November 2014 and introduces a number of changes to the auto insurance system including:

• moving SABS disputes to the Licence Appeal Tribunal
• introduce  regulation to the towing and vehicle storage industries
• authorize the province to reduce vehicle storage costs.

However the likely the trigger for the action is the provision in the bill that takes away the right of accident victims to take disputes regarding accident benefits to the courts instead of arbitration.  This provision was opposed by both plaintiff and defense lawyers, accident victims and health professional groups. Below is post on Joseph Campisi's blog regarding his action.

Joseph Campisi, lawyer and advocate, is launching a constitutional challenge in the Ontario Superior Courts.  Mr. Campisi is seeking a declaration from the courts that parts of the legislation that were recently passed by the Liberal Government are discriminatory and unconstitutional and should be inoperative.

“The right to access the Superior Courts is a fundamental right for Canadians.  I am concerned that the recently proclaimed legislation will deny this right to individuals who have been severely disabled.” said applicant and noted Personal Injury Lawyer Joseph Campisi.  “Historically, the deck has been stacked against collision victims.  The recent amendments to the legislation have turned a bad situation into a worse one for these vulnerable individuals.  No longer will these individuals be allowed to have the assurance of impartiality and independence that is a cornerstone of our justice system when litigating a claim against their own insurance company.  I could not stand idly by and let this happen.”

In the fall, of 2014, the Ontario Government passed Bill 15 which is titled Fighting Fraud and Reducing Automobile Insurance Rates.  One of the legislative amendments changes how disputes between insurers and insured are settled.  Historically, disputes could be brought before the Superior Courts or before sophisticated arbitrators with expertise in interpreting insurance law.  Bill 15 has changed how disputes are resolved by giving the sole adjudicative power to individuals who will be appointed at the whim of the Liberal Government.  These are the same decision makers who have jurisdiction on matters ranging from film classification to upholstered and stuffed articles. Unlike historical appointments, individuals without any specialization or guaranteed independence or impartiality will be ruling on disputes that can run into the millions of dollars and will determine the quality of life that an automobile victim will face going forward.

“This application will challenge Bill 15 on the basis that it violates disabled persons’ Chapter s.15(1) right to be free from discrimination.  Bill 15 is also being challenged based on s.96 of the Constitution which relates to the public’s right to have access to the courts.  The way in which Bill 15 is drafted opens the door to political interference.  The government of the day can choose who will hear any dispute and if the government does not agree with the arbitrator’s decisions, the government can get rid of the adjudicator the next day.  When it comes to lobbying the government there is little doubt as to who has the deeper pockets- automobile insurers or accident victims.  Introducing such laws is undemocratic and detracts from the rule of law.  This legal challenge will fight for disabled individuals’ right to fair treatment and the public’s right to access the impartial court system.”

Ontario Auto Insurance Rates Fall by 1.44% in 2014

This past week FSCO released rate filings approved for fourth quarter of 2014. Sixteen insurers, representing 46.81% of the market based on premium volume, had rates approved in the fourth quarter of 2014. Approved rates decreased on average by 0.54% when applied across the total market.  The total annual approved rate decreased on average  1.44% in 2014.

 In the backdrop is the Ontario government's commitment to reduce rates in the province by 15% before August 15, 2015. The chart below breaks down the quarterly rate approval changes following the announcement of the rate reduction strategy in 2013. The third quarter of 2013 has been included although many of the rate approvals for that quarter may have been filed well before the strategy was announced.

Quarter	Rate Change
2013-3Q	-0.68%
2013-4Q	-3.98%
2014-1Q	-1.01%
2014-2Q	+0.22%
2014-3Q	-0.11%
2014-4Q	-0.54%
Total 2014	-1.44%
Total Since Aug 2013	-6.10%

The accumulative rate reductions approved by FSCO during this period have been  6.1%. With just 7 months remaining, the government is considerably short of its target and requires further reductions of about 9%.  Likely not achievable in the remaining time despite the recent passage of Bill 15 and a number of regulatory changes.  The government will not achieve sufficient savings from reduced interest payments and the licensing of service providers to bring down rates another 9%.  If the creation of a new dispute resolution system at the Licence Appeal Tribunal has an impact on costs, it will not happen in 2015.  

However, the government has not abandoned their rate reduction strategy.  That might mean additional reforms may be on the way and that the timeframe for achieving the target will need to be extended.  The report on FSCO's Three Year Review has not been released The review was initiated in 2014 and one must assume it was been completed by now.  It is possible that the review could evolve into another set of reforms as was the case in 2009. The government is also committed to a minor injury treatment protocol, towing regulations and changes to the definition of catastrophic impairment.  

We shall see what transpires in the months ahead.

Insurance News - Monday, January 12, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, January 12, 2015:

• As the number of car fatalities falls Americans are now more likely to die from getting shot than in car accidents.
• This is incredible.  With all the articles and warnings about distracted driving, a website operated by the Toronto Star is suggesting that drivers exercise in their car while stopped at red lights.
• Is it a good idea to lower the cost of auto insurance and risk under-insuring yourself?
• China’s transport ministry has banned taxi hailing apps such as Uber from using cars and drivers without taxi licences in a bid to regulate the rapidly growing sector.
• Driverless car technology will rollout gradually. The first driverless cars will likely allow the car to self-drive in stop-and-go highway traffic, but when traffic clears the driver takes the wheel again.

Insurance News - Saturday, January 10, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Saturday, January 10, 2015:

• A British insurer may be the first in the industry to offer driving lessons for drivers’ weaknesses based on telematics data.
• Florida auto insurance anti-fraud reforms that become effective on January 1, 2013 has created a drop in the number of personal-injury protection claims filed and dollars sought.
• GM and OnStar will be partnering with a U.S. insurer allowing new car owners to opt into a service that will track driving habits during a 90 day span.
• Google may be moving into the U.S. auto insurance market with a shopping site for people to compare and buy policies, as it continues to shift its attention to the automotive industry.
• A Towers Watson study suggests that claim supervisors spend too little time reviewing files of direct reports which is impacting on profitability.

Insurance News - Thursday, January 8, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Thursday, January 8, 2015:

• Will Google cars eviscerate the personal injury bar?
• With an aging population and reduced driving, what will happen to the industry if auto claims keep dropping?
• California to offer low-cost car insurance (under $450) and drivers licences to illegal immigrant drivers to reduce the number driving uninsured.
• The private company hired by the province to conduct all driving exams was failing to properly road test tractor-trailer drivers.
• Ridesharing and Car Insurance: A little white lie?
• It’s not just drunk and distracted drivers that are dangerous but drowsy drivers as well.