Happy New Year

Thank you for visiting my site throughout the year.

Willie Handler

Insurance News - Wednesday, December 30, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Wednesday, December 30, 2015:

• City of Toronto won’t block Uber’s new $5 commuter service but it is doing a legal review.
• Another legal battle for Uber as the Seattle city council votes to treat Uber drivers as employees by giving them collective-bargaining rights.
• California sets rules for self-driving cars; must have steering wheel and licensed driver behind the wheel. Google is not happy.
• Google plans to make its self-driving cars unit, which will offer rides for hire to compete with Uber, a stand-alone business under the Alphabet Inc. corporate umbrella in 2016,
• The self-driving car, that cutting-edge creation that’s supposed to lead to a world without accidents, is achieving the exact opposite right now.  Because driverless cars obey the laws, humans don't so much.
• Google and Ford are about to announce they are forming a partnership to build self-driving cars.
• Wawanesa Insurance is asking policy holders if they are driving for Uber. And cancelling policies if the answer is yes.

Insurance News - Sunday, December 27, 2015

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Sunday, December 27, 2015:

• Studies suggest that insurance customers will walk away if purchasing insurance is slow, complicated and difficult.
• The $75,000 problem for self-driving cars is going away as the cost of LIDAR sensors drop.
• Self-driving cars can lure drivers into false sense of security and even lull them to sleep.
• If you want to know why Uber ignores regulators and not intimidated by law suits?  Because they are worth around $85 billion.
• Uber is testing out food delivery in Toronto.  
• Uber is also trying out commuter service to compete with the TTC.
• In Uber fight, taxi drivers on wrong side of history – and consumerism.

Settlement reached on class action claim against Progressive over PIP deductible

I wrote here about Estrada v. Progressive Direct Ins. Co., 53 F. Supp.3d 484 (D. Mass. 2014), in which 93A claims in a class action suit against Progressive Direct Insurance survived summary judgment.  The plaintiffs asserted that Progressive's website unfairly led consumers to purchase policies with an $8,000 PIP deductible.

Plaintiffs' attorney Ryan Alekman of Alekman DiTusa informs me that a settlement agreement has been reached.  According to the notice of class action settlement, Progressive has agreed to pay $1,875 on valid PIP claims under policies purchased online from it between May 1, 2008 and April 27, 2010 containing an $8,000 PIP deductible.  If you think you may have a claim you can click on this link to submit it. 

Attorney Alekman says this about the settlement:

We are happy to have achieved this result on behalf of all Massachusetts consumers.  Class actions enable a single consumer to make a difference that benefits other people in the same situation.  It is my belief that class actions also play an important part in leveling the playing field between individuals and large corporations, and act as a deterrent against similar behavior in the future. 

I reached out to counsel for Progressive but did not hear back before this article posted. 

Government Posts Proposed Changes to DRS Regulations

The Ministry of Finance has posted proposed changes to Insurance Act regulations to provide for the transition the Automobile Insurance Dispute Resolution System from the Financial Services Commission of Ontario (FSCO) to the Ministry of the Attorney General's Licence Appeal Tribunal (LAT), and the wind down of disputes filed at FSCO. 

Proposed amendments include:

 • The last date for submitting applications for mediation, neutral evaluation, or the appointment of an arbitrator to FSCO will be March 31, 2016. 

 • An application for an appeal to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016. 

 • As well, an applications for a variation or revocation to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016. 

 • The Office of the Director of Arbitrations will continue to function until all notices of appeal and all applications for variation or revocation have been finally determined. 

 • Statutory Accident Benefits Schedule (SABS) provisions that apply to the dispute resolution process at FSCO will continue to apply, as they read on March 31, 2016, to all applications that were received by FSCO before the transition date but are not finally determined before that date. The SABS will also be amended, where necessary, to apply to applications filed at the LAT on or after April 1, 2016.

Massachusetts Attorney General complains of homeowner's policy rate hikes by two insurers

According to The Boston Globe, Massachusetts Attorney General Maura Healey is complaining of excessive rate hikes to homeowner's policies by Mapfre (formerly known as Commerce Insurance) and Safety Insurance.  Both insurers raised rates by about $100 on the average state premium of $1,150.  According to Healey's analysis of trends that are traditionally used to calculate rates, Mapfre should have lowered rates, while Safety's increase should not have exceeded 3 percent. 

Competition Bureau Supports Ride-Sharing Services

The emergence of Uber and other ride-sharing services has created increased competition for the Canadian taxi industry.  This has created a source of friction for the industry because of what they see is an "uneven playing field."  Taxi operators are required to follow regulatory rules while ride-sharing services largely operate unregulated.  The Canadian Competition Bureau recently weighed in on the subject.

The Competition Bureau recently released a study, Modernizing Regulation in The Canadian Taxi Industry, which concluded that the competition in the sector has benefited consumers.  However, there needs to be a balance between increased competition and the need for regulation.

The taxi industry has operated largely unchanged for decades.  Regulators have created rules to govern price, vehicle safety and insurance requirements.  But the regulatory rules often restrict entry into the sector by limiting the number of taxi licences.  The number of plates usually does not keep up with demand for services which creates artificial scarcity, but also higher prices, poor service and long wait times.

Ride-sharing companies have changed the landscape by offering consumers lower prices, variable pricing (higher fares when demand is high), shorter wait times, and convenience.  The software application used by ride-sharing companies provides automatic payment and the ability to track the number of vehicles available in the local area.  The software also allows consumers to rate drivers which creates an incentive to provide better service.  Low rated drivers receive fewer ride requests.

The innovations introduced by Uber and other similar service providers have benefited consumers.  There is a need for updated regulatory rules so that traditional taxi operators can respond to the competition.  But the one aspect not addressed by the Competition Bureau study is the insurance issue. 

In September 2015, Intact Financial announced plans to work with Uber to create products tailored for the ride-hailing service, after concerns emerged that person auto insurance policies may not cover drivers using their personal vehicles for commercial gain.   In the meantime, Uber claims it has adequateinsurance coverage and that every ride on the UberX platform is backed by $5 million of commercial auto insurance, which covers both bodily injuries and property damage stemming from a crash.  However, Alberta government said in July that it had determined the policies do not meet the requirements of the province’s Insurance Act.  It's all very confusing.  

Ride-sharing services are here to stay.  Consumers will benefit but only if the regulatory rules and updated and the insurance issues are addressed.