K-W OIAA March 2016

MARCH 2016

I guess we can say March came in like a lion with blizzard warnings issued for the majority of South Western Ontario. February seems to have passed in what felt like a few days. The weather has been all over the place this month, I spent Sunday outside playing with my son and today there is 10+ cm of snow. On February 25th, we had Ashleigh Leon of Miller Thomson speak to us about the ne AB dispute provisions that start April 1st. What I gathered from the presentation is that

there are still a lot of unknowns with the new provisions and we will be learning as we go. This educational meeting was another huge success with over 100 in attendance! Some of our greatest events are coming up soon; the Annual Tri- Association Bonspiel will take place at the Westmount Golf and Curling club on April 1st, 2016. Registration for this event is now open please see flyer in the bulletin. If you are interested in sponsoring the Bonspiel or donating a door prize, please contact me at [email protected] or 519-635-3678. I hope to see as many faces out to the event in March as Xpera tells us how we can use social media to investigate claims further. If you have any questions or concerns relating to our chapter at any time, please do not hesitate to contact me at [email protected] Sincerely,

Jennifer Brown Economical Insurance K-W OIAA President

This Month’s Cover We are excited to announce a new feature for the K-W OIAA Monthly Bulletin!

Moving forward, we will open up an ongoing photo contest to have your pictures on

the cover of select months of the bulletin! This contest is open to K-W OIAA members

and their families and the only requirement is that the photo must have been taken

in and around the Region of Waterloo. Photos will be selected based on aesthetics and

we will occasionally announce a “theme” for the next month’s cover. All photo entries

should be emailed to [email protected] and include the name of the photographer

and the relationship to the K-W OIAA member. 1

Jennifer Brown Ryan Potts

President Vice-President Economical Insurance ClaimsPro - Kitchener 519‐570‐8500 x 43375 519‐501‐2478 Email: [email protected] Email: [email protected]

Laura Potts Mark Potts

Past-President Treasurer Aviva Insurance ClaimsPro - Kitchener

519‐883‐7579 226‐750‐0087 Email: [email protected] Email: [email protected]

Carrie Keogh Stephen Tucker MA, CIP, CRM

Secretary Toronto Representative

Economical Insurance Economical Insurance Email: [email protected] 519‐570‐8500 X43281 Email: [email protected]

Gillian Reain, BA Leeann Darke

Director Director

Economical Insurance The Co-Operators 519‐570‐8500 X43283 519‐618‐1230 Email: [email protected] Email: [email protected]

Monika Bolejszo Stephanie Storer

Social Director Social Director Samis + Company Xpera Investigations 1‐844‐SAMISKW ext 110 519‐884‐6352 X233

Email: [email protected] Email: [email protected]

Cyndy Craig Daniel Strigberger

Out of Town Liaison Web Director Arch Insurance Canada Ltd Samis & Company

647‐293‐5436 416‐365‐0000 x127 Email: [email protected] Email: [email protected]

Manish Patel Bulletin Director Larrek Investigations 519‐576‐3010 Email: [email protected]

If you have any questions, concerns or comments, please do not hesitate to contact

any of the above committee members.

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President’s Message Page 1

2015-2016 K-W OIAA Executive Page 2

Schedule of Events Page 4

Social Chit Chat Page 5

Toronto Delegate Report Page 6

OGI Hockey Tournament Pages 7

Arcon: Slips, Trips & Falls A Forensic

Engineering Perspective Pages 8-11

Meet Your Executive Page 13

Miller Thomson: Cyber Insurance 101:

A Look Back & Ahead Pages 14-17

K-W Curling Bonspiel Pages 18-19

Samis + Company: The New Accident

Benefits Dispute Resolution Regime Pages 27-28

Restoration 1: Life as a Project Manager in the

Restoration Industry Pages 32-34

Advertisers’ Index Page 36

Visit our website at www.k-w-oiaa.ca

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March 31, 2016 – OSI Investigations: Beyond the Google Search.A Deep Web dive into Online Investigations and Links Analysis for all lines of Property & Casualty. Presenter: Gavin Phillips, Regional Manager of Investigations for Xpera’s SW Ontario Division. Hosts: Stephen Tucker & Stephanie Storer

April 1st, 2015 - Annual Curling Bonspiel with the Insurance Instituteand Insurance Brokers Association.

April 28, 2016 - Election & Fun Night: Monika Bolejszo & Cyndy Craig

May 26, 2016 – Accident Benefits/Bodily Injury Accounting Topic:Carrie Keogh & GillianReain.

June 23, 2016 - Golf Tournament - Ariss Valley Golf & Country Club: Jen Brown & Ryan Potts

*All events occur at Golfs Steakhouse: 598 Lancaster St W, Kitchener, ON N2K 1M3, unless otherwise noted.

**Please note that topics are subject to change**

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March is fraud prevention month. Watch out for these scams outlined by the Better business Bureau in an article by Erika Tucker in the “Global News” March 2, 2016:

These are believed to be the most pervasive scams over the last year:

10. Sweepstakes scam – This one has been around for years: You get a message saying you’ve won a contest, lottery or sweepstakes event. Then you’re asked to pay fees or taxes in advance in order to claim your prize.

9. Click bait scam – Scammers use “click bait” such as news stories, celebrity photos, or fake news in order to get you to click on something that actually downloads malware that can harm your computer.

8. Robocall scam – This scam takes personal information like your credit card number, after promising to lower your credit card interest rates, but then charges fees to your card.

7. Government grant scam – Another one that requests fees so you can collect a government grant award for thousands of dollars. It may mention programs you’ve heard in the news.

6. Emergency or “grandparent” scam – Often preying on older people, a scammer poses as a relative in a call or email claiming to have been injured, robbed or arrested while traveling overseas. They ask their target to send money right away.

5. Medical alert scam: This involves a call or a visit from a “company” claiming a concerned family member has ordered you a medical alert device in case of an emergency. The scammer takes credit card or banking information, but never delivers the device.

4. Copycat website scam: Scammers send an email, text or social media post about a sale or exciting new product, linking to a website that looks like a legitimate retailer. After you order using your credit card, you get a cheap counterfeit product or nothing at all.

3. “Are you calling yourself?” scam: This trick puts your number in so it shows up on your own Caller ID, which causes many people to answer the phone or return the call.

2. Tech support scam: A call or pop-up ad on your computer claims to be from Microsoft / Norton / Apple about a problem on your computer and asking you to give “tech support” access to your hard drive in order to fix it. Instead, malware is installed on your computer and the scammers can steal your personal information.

1. Arrest scam: This trick starts with a call from someone claiming to be a police officer or government agent (often the CRA in Canada) who say they are coming to arrest you for overdue taxes or for skipping out on jury duty. They claim you can get out of it by sending them money via a prepaid debit card or wire transfer. “Global News” (March 2, 2016) http://globalnews.ca/news/1859473/top-10-scams-to-watch-out-for-this-fraud-prevention-month/ ___________________________________________________________________

Stay alert and have a safe and risk-free Fraud Protection Month!

Cheers, Stephanie Storer OIAA Social Director, 20-15-16 National Account Manager, Xpera Risk Mitigation and Investigation

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The 15th annual OIAA Curling Funspiel set to take place in March is a sure sign that spring is just around the corner. Speaking of spring the April Seminar and Toronto Delegate elections take place on April 13th at the Grand Hotel in Toronto. Kadey Schultz is speaking on Changes to the SABS and the new dispute resolution regime.

Without Prejudice magazine is always looking for informative articles. If you are interested in publishing an article for WP please forward possible topics or articles to me and I will submit them to the WP editorial team for consideration. We are looking for articles that are approximately 2000 – 2500 words. WP is a great way to share informative educational topics with our entire provincial membership as we publish 2200 magazines 10 months of the year. Please feel free to contact me at [email protected] if you have any questions or would like more information. As always details and registration for OIAA events are available at oiaa.com and you can stay tuned to OIAA events by following @PresidentOIAA on twitter or on Facebook. Upcoming events: March 8, 2016 Curling Bonspiel - Richmond Hill Curling Club, Richmond Hill, ON April 13, 2016 April seminar and elections – The Grand Hotel, Toronto, ON June 1, 2016 Golf tournament – Deer Creek, Ajax, ON Regards,

Stephen Tucker Kitchener Waterloo OIAA Chapter, Toronto Delegate

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Dear Friends of the Ontario General Insurance Industry

We are excited to have the OGI Hockey Tournament return to Kitchener Waterloo Area again in 2016.

We congratulate the Niagara South Committee for their dedication and great results that help those in need in their community.

The dates are March 18-20, 2016 (We will follow the last weekend of March break and last weekend for ice in Kitchener for a tournament of this size.)

Insurance Brokers of Waterloo Region will work together to help have some hockey fun as we bring together colleagues from among industry.

The 2016, 2017 and 2018 tournaments will be headquartered out of the Kitchener Auditorium Complex with other facilities close by.

We are focusing on your fun in order to help Camp McGovern, Camp Everton and Lutherwood Children's Mental Health with the tournament proceeds.

Registration is now open as are sponsorship opportunities so please see the respective tabs on the website.

http://www.ogihockey.com/teams.html

Hotel, food and beverage and local entertainment items will be updated.

our committee looks forward to seeing you here in March!

Sincerely, Kevin Donovan On behalf of the Waterloo Region Organizing Committee

2016 Ontario General Insurance Hockey Tournament 72 Regina Street North, Waterloo, Ontario N2J 3A5

Email: [email protected] Web: www.ogihockey.com

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Slips, Trips & Falls: A Forensic Engineering Perspective

Alan Morris, Ph.D. (Eng.), P.Eng.

In this article, you will gain some insight as to how forensic engineers can assist in

the resolution of personal injury claims arising from slips, trips & falls. Specifically,

the primary purpose for engaging an engineer, the demographics of falls and

factors, standards, and measurements associated with these types of

investigations.

To investigate or not to investigate…

With personal injury claims arising from slips, trips and falls, engineers are often tasked with providing

an expert opinion as to whether or not a particular location posed a slipping, tripping or falling hazard.

What might be considered a simple question – did something at a specific location pose a hazard – can

actually be quite complex in terms of the factors that contribute to these types of claims. From a

structural engineering standpoint, did the design and construction meet standards published in the

applicable provincial building code and local ordinances? Did the biomechanics of the person’s walking

gait contribute? What type of footwear was worn? Was the flooring appropriate for the conditions? Did

the installation meet the manufacturer’s guidelines? Was there a manufacturing defect in any materials

that were used? In some situations, the injuries sustained by the claimant are reviewed to establish

consistency with the nature of the incident.

If an insurer needs answers to these questions in order to resolve a claim, then some level of

investigation will be required. For a comprehensive investigation, expertise from a variety of

engineering disciplines can be required; structural, biomechanical, materials & mechanical.

Fall Demographics

Who is most likely to suffer a fall? What are the most likely causes? Where are falls most likely to occur

and what types of injuries are most common from a fall? Based on a Government of Canada study

completed for the Public Health Agency of Canada in 2014(1), falls are more prevalent in the 12-24 year

old age group with that population experiencing a rate almost double that for 25-64 year olds and those

65+. However, when fall-related injuries are compared to all injuries for these three groups, the 65+ age

group has the highest proportion with 61% of injuries relating to falls. A study by Statistics Canada(2) for

the period 2009 – 2010 reported that elderly people (those 65 years old or greater), are nearly 3x more

likely than other adults to sustain an injury while walking and nearly 2x more likely than other adults to

sustain an injury while going up or down stairs. If we focus on falls relating to people 65 years of age or

older, we see that the most common location of falls that lead to hospitalization(1) is in the person’s

residence (home or institution). These falls result in broken or fractured bones in 35% of cases and a

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sprains or strains in 30% of cases. This gives credence to the old adage that most accidents occur at

home! For large insurers of residential institutions geared to seniors, an engineering assessment of

possible hazards might be a prudent investment.

Incident Factors: Slipping, Tripping & Stair Falls

As mentioned earlier, there are a lot of factors involved in seemingly routine slips, trips and falls but

from an engineering perspective they are commonly grouped into four areas. The four areas are:

Design

Vision

Footwear

Gait

The relative impact of the factors within each group will vary according to whether a slip, trip or fall is

being investigated. The Design category covers factors related to standards defined in the Ontario

Building Code such as materials, lighting & construction. Vision factors relate to the individual involved

in the incident and include light contrast sensitivity (which degrades with

age), attentiveness and the presence of any vision impairment. Footwear can

have a large impact on whether a person slips, trips & falls or not. Each type

and style of footwear varies in its coefficient of friction of the sole material,

the area that is the base of support when the foot comes in contact with a

surface, and the alignment that the foot is placed in. Each individual’s Gait is

unique in terms of the relationship between the level of friction required,

their toe clearance when walking, and their ability to recover from a stumble

all of which will affect the likelihood of a trip and fall. Walking speed and the

angle at which the heel strikes the surface affect the amount friction. The

most likely locations for a slip, trip or fall to occur include: stairs, walkways, sidewalks, escalators,

parking lots, pool decks, fire escapes, bathtubs and showers or saunas.

Tripping

Tripping is usually a result of the toe catching a leading edge at

locations such as carpet edges, expansion joints in commercial and

industrial flooring surfaces, raised edges from sidewalk settlement

or from broken surfaces that cause an elevation difference. If there

is no defined lack of visual continuity, such as a large yellow stripe,

this difference in elevation can present a hazard. Inadequate

lighting is a recognized contributing factor and as such, guidelines for the

intensity of the lighting are included in the Ontario Building Code.

Guidelines for providing a reasonably safe walking surface for

pedestrians wearing ordinary footwear are presented in the American

Society of Mechanical Engineers standard ASME F1637-02 for floor

surface design. Typically changes in level of less than ¼ inch (6mm) do

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not require any edge treatment and anything greater should be beveled or transitioned. An individual’s

gait and in particular, their toe clearance can be the difference in an elevation change being a hazard to

that person or not. Normal toe clearance heights during walking will vary with age and can vary for an

individual based on injuries, footwear type and fatigue.

Slipping

Whether or not a surface presents a slipping hazard is highly dependent on the combined interaction of;

the surface finish of the materials,

the environmental conditions and

the footwear involved.

The key to ascertaining whether a hazard exists or not is in the relative friction between the surface

being trod upon and the underside surface of the footwear taking into consideration the existence of

environmental conditions such as water, ice or man-made fluids. Friction is the resistance to movement.

The higher the coefficient of friction the more resistance there will be to a forward slip of the foot

during weight acceptance. Not surprisingly, a core element of any claim arising from a slip is the

conducting of a “slip test” to establish the coefficient of friction which is then compared to industry

standards. The industry leading apparatus for conducting these tests on flooring is the BOT 3000E.

When appropriate materials are used in normal circumstances, the friction between the surface and the

pedestrian’s foot / footwear is sufficient to preclude slipping. The unique combination of the surface

material, footwear composition and style, the pedestrian’s gait & speed and other contributory factors

such as fluids on the surface of the floor or underside of the footwear, impact the likelihood of a slip

occurring. However, a material that normally provides enough friction when dry may become slippery

when wet and if combined with footwear that does not provide a large enough “strike” surface such as

high heels, could suddenly become very dangerous. Friction transitions, as you might see when two

types of tiles with different levels of friction abut, can lead to a slipping hazard. Temperature has an

effect on the surface friction of flooring and footwear materials. Proper levels of lighting and sources of

mitigation such as handrails can decrease the incidence or severity of a slip.

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Stair Falls

Stair geometry and lighting are critical elements in falls associated

with stairs. As a result, both are covered under the Ontario

Building Code. The OBC provides specific guidelines for lighting,

stair dimensions and handrails including the length & height of

handrails, the rise (height) and run (depth) of stairs and the

intensity of light at tread level. Lighting intensity is measured in

“lux” or “foot-candles”. The OBC standard for lighting of stairs

is that the intensity should be >10 lux at the tread level. As a

comparison, roadway lighting typically measures from 3 to 16

lux at ground level. While stair geometry and lighting are

exceedingly important, as with slips and trips, an individual’s

footwear, gait (which can be affected by age, injury and fatigue)

and the surface materials used in the construction of the stairs

can also be contributory factors in stair falls.

In Summary

The potential to slip, trip or fall is a constant part of our lives. When a slip, trip or fall does occur, it

doesn’t necessarily mean that there was a hazard (where we define a hazard as being a contravention of

a building code or bylaw) or if there was a hazard that it would logically lead to a slip trip or fall. Due to

the complex relationship of the factors involved in slips, trips and falls, it may be very worthwhile to

engage an expert!

Author Bio

Alan leads Arcon's collision reconstruction practice and is Arcon's expert in the area of Biomechanical

Analysis. Alan brings a stellar research career focusing on biomechanics to his investigations of injuries

due to vehicle impact, slips, trips and falls on stairs & walkways. Vehicle collision reconstruction

investigation with a focus on vehicle and occupant dynamics is his specialty. Alan has been qualified as

an expert witness in Ontario. Alan can be contacted at 416-491-2525 or

[email protected].

Arcon Engineering Consultants Limited

352 Consumers Road

Toronto, Ontario, M2J 1P8

E: [email protected]

T: 416.491.2525

F: 416 491.2696

24/7: 647.298.5784

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Cyndy has served on the KW-OIAA since 2010. Currently, she is serving as the Out of Town Liaison to the current executive. Cyndy has her CIP and CRM and has been in the insurance industry since 1981. She originally started her career in Calgary, and then moved to Toronto in 1993, followed by a move to the Kitchener Waterloo area in 2003. She has held various positions with both insurers and independent

adjusters. Cyndy works as a Claims Supervisor, handling all lines claims for Arch Insurance Canada and has been with them since 2009; while their head office is downtown Toronto, she has been able to continue her career from home. Cyndy has been doing multi-line claims since she started her career, including a five-year stint as an Accident Benefits examiner with Guardian Insurance. When she is not involved in all things claims, she enjoys spending her time with her teenage daughter. She is an avid golfer, softball player and gardener. She has been involved in several endeavors over the years, including being a Stage Coordinator for the Opening and Closing Ceremonies at the 1988 Calgary Winter Olympics, First Night productions, and the NHL All Star tournament. Her next endeavor is to begin teaching CIP courses with the local chapter of the Insurance Institute of Canada.

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Cyber Insurance 101: A Look Back and Ahead

Although it has been around for over a decade, it is only recently that an increasing number of organizations have accepted cyber-incident insurance as a necessary business expense. According to the Ponemon Institute, a leading think tank that tracks and quantifies the economic impact of cyber-attacks, the average cost to an organization for cybercrime was $3.79 million in 2015 – an increase of 23% over the past two years.1

Several high-profile cybercrime cases in the US have garnered the attention of the media and consumers alike. For example, Target Corp. suffered a breach that cost the company over $162 million in expenses and affected 70 million customers. Similarly, more than 56 million Home Depot customers had their credit cards exposed to hackers. Upwards of 50 lawsuits have been launched against the company since they disclosed the breach in September 2014 which has cost the home improvement giant approximately $232 million to date.

It is important to recognize that an organization does not have to be the size of Home Depot or Target to fall victim to a data breach. Toronto-based IT firm Scalar Decisions Inc. commissioned a study involving Canadian businesses.2 More than half of the respondents experienced an incident involving a loss or exposure to sensitive information. These respondents came from a wide variety of industries and nearly two-thirds worked at companies with between 251 and 5,000 employees in Canada.

Although there is a positive relationship between the cost of cybercrimes and the size of an organization, the Ponemon Institute finds that smaller organizations incur a significantly higher per capita cost than larger organizations when a breach occurs.3

1 Ponemon Institute, 2015 Cost of Data Breach Study: Global Analysis (May 2015) online:

<http://www.ponemon.org/library/2015-cost-of-data-breach-global> 2 Scalar Security Study, The Cyber Security Readiness of Canadian Organizations (February 2016)

online: <https://www.scalar.ca/en/landing/scalar-security-study-2016/> 3 Supra note 1, at pg. 4.

Authored by: Emily C. Durst Associate, Waterloo 519.593.2395

[email protected]

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No matter the size, most organizations now store some form of sensitive information in digital format, such as customer information, intellectual property, and money in the bank. As more businesses and consumers turn to electronic means to conduct business, the stakes are getting higher and the need for protection is increasing.

Businesses may be unaware that their commercial general liability (CGL) and property insurance do not cover cyber breaches. In fact, CGL policies often exclude cyber risks and standalone business interruption policies often do not extend to “intangible” events. Given that these traditional policies pre-date the Internet, it is not surprising that the cyber-insurance market is thriving. Modern cyber-insurance coverage is now available within a standalone policy or, more commonly, as an endorsement to an existing policy.

In short, cyber-liability insurance is intended to cover losses not typically covered under traditional policies, such as CGL. While it is important to recognize that complete protection from a cyber-attack is impossible, many insurers are now offering policies that cover a broad spectrum of risks.

While there is no standard form of cyber insurance, current policy options capture both first and third party risks. This includes coverage for information asset loss (i.e. reimbursement for the costs to restore data compromised or deleted during a network attack); cybercrime such as cyber-extortion expenses (i.e. the costs associated with paying experts to retrieve compromised data and/or negotiating and paying a ransom demanded by an extortionist); business interruption and extra expense (i.e. reimbursement of lost business income following a network attack, financial losses of third parties due to a company’s systems being unavailable); and data and network breach (i.e. investigation, assessment, and notification costs of affected individuals or entities in the event of a data breach/defence and liability resulting from a claim for a data breach or from a privacy regulatory proceeding).

So what might a cyber-breach claim look like? Here are a few examples of the types of claims adjusters working in this area could be faced with:

An employee receives an email that appears to be from a client. In opening the email, the employee sets off a “logic bomb” which erases all of her client agreements and proprietary software used in the course of business. Her employer claims for reimbursement to restore the software and obtain the missing contracts.

A local shoe store has started an online shopping service through their website which is managed by a third party service provider. The third party service provider experiences a network intrusion, causing their servers to be down for four days. During this time, customers are not able to access the company’s website and cannot shop for its shoes. As a result, the company makes a claim and is reimbursed for loss of sales while the network was down as well as the expense of creating a temporary webpage advising customers their online store is temporarily unavailable.

A business consulting firm has been engaged to assist a company in securing a business deal. The consultant is given access to the company’s confidential

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information which he stores on his laptop. The consultant’s laptop is stolen from his vehicle and the company’s sensitive information is compromised. The company is ultimately not awarded the business deal as a result and sues the consulting firm for loses arising from not securing the deal. The insured consulting firm makes a claim for legal costs associated with defending the suit.

All cyber policies include various exclusions and, despite what an insured may believe, not all losses are covered. Moreover, the insured’s conduct can determine whether a policy will cover the loss. For example, coverage may not extend in a circumstance where an insured company did not take reasonable steps to keep its software updated and secure. Beyond determining whether a particular policy covers the claim, investigating cyber-claims involve highly technical and complex investigations, likely requiring outside vendors in order to determine the scope of the breach and better understand how it occurred. The Ponemon Institute’s Global Study found a positive relationship between the time it takes to contain a breach and the cost to the organization.4 Thus, adjusters and experts must move rapidly in order to contain the breach and prevent further loss.

A novel legal issue arises when a plaintiff’s information has been stolen – but not misused. Has this person suffered an “injury” and, if so, how can their damages be quantified? Ontario courts now recognize the tort of “intrusion upon seclusion” which provides the right to bring a civil action for damages for the invasion of personal privacy, such as having personal information hacked.5 This relatively new tort has the potential to significantly expand the scope of third party liability claims as proof of economic harm is not a necessary element of the cause of action. Rather, claimants are more likely to be awarded symbolic or moral damages.

In a 2013 study of Cyber and Liability Breach Insurance claims, it was found that approximately 20% of data breach insurance claims emanated from a lost or stolen device.6 It is conceivable that an organization would be held responsible for the carelessness of its employees in the handling of sensitive information contained on a company device. Consider the potential damage award in a situation where a lost laptop contained the confidential information of thousands of customers. It is easy to see how this type of event can quickly result in staggering costs in the context of new privacy laws.

In addition to business policies, many insurance companies in Canada now offer identity theft coverage as an additional option to home, condominium or tenant insurance policies. This coverage often includes reimbursement for identity restoration expense, professional advice, and reimbursement for lost income for the time a person takes to speak to police and credit agencies.

Cyber-liability insurance is still in its infancy, and like the risks it attempts to mitigate, policies are constantly evolving. According to the Insurance Institute of Canada, a 4 Ibid. 5 Jones v. Tsige, 2012 ONCA 32. 6 Mark Greisiger, Cyber Liability and Data Breach Insurance Claims: A Study of Actual Claims Payouts

(2013), online: NetDilligence <http://www.netdilligence.com/files/CyberClaimsStudy-2013.pdf>

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barrier to the expansion of cyber insurance market involves the lack of information about the likelihood, severity, and consequences of major attacks needed to determine a calculable loss. A second barrier involves the accumulation of risk associated with catastrophic attacks that must be managed to ensure that they do not overwhelm the financial capacity of insurance companies.7 While more insurers in Canada are now offering these policies, the dearth of claims in this area leaves some uncertainty as to how the law will react to cybercrime and how insurers and insureds will be protected going forward.

Moreover, it remains unclear how cyber policies will respond to the so-called “Internet of Things” revolution. An increasingly gadget-oriented society, where consumers demand mobility, remote access and interaction between devices, the connectivity push will only continue, along with the risk of a breach. This trend will be compounded by the relatively new capacity to monitor virtually anything - checking a person's heartbeat or temperature with wearable technology, unlocking doors with mobile devices, remotely monitoring your home’s heating, security, fire detection and so on. Managing cyber-risk in this era will not only involve loss prevention strategies when a breach occurs, but loss transfer strategies as well.

Nevertheless, as the digital integration of personal and commercial information and activities increases, so to will the acceptance of cyber insurance as necessary coverage. One can imagine a scenario where purchasing cyber-incident insurance goes hand-in-hand with CGL and property policies. Although uncertainty remains in this relatively new insurance market, it can be safely said that as the costs of managing a cyber-breach are revealed, organizations are turning to insurers to mitigate risk.

www.millerthomson.com

Follow us on:

Vancouver Calgary Edmonton Regina Saskatoon London Kitchener-Waterloo Guelph Toronto Markham Montreal

7 Canada Insurance Institute, Cyber Risks: Implications for the Insurance Industry in Canada (2015)

online: <www.insruanceinstitute.ca/research>

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5th Annual Local Insurance Associations Charity Curling Bonspiel5th Annual Local Insurance Associations Charity Curling BonspielFirst name Last name

Company Address

City/Prov Postal code

E-mail Phone Fax

Price Select Preferred Draw Time: AM PM

$56 per person (includes hst). $226 for a team of four (includes hst). Payment Choice Method: (check one) Cheque Money order

Telephone registrations: 519-579-0184 Amount Date

E-mail registrations: [email protected] Signature

Team Member Names: Present Experience None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

First name Last name

Company Address

City/Prov Postal code

E-mail Phone Fax

Price Select Preferred Draw Time: AM PM

$56 per person (includes hst). $226 for a team of four (includes hst). Payment Choice Method: (check one) Cheque Money order

Telephone registrations: 519-579-0184 Amount Date

E-mail registrations: [email protected] Signature

Team Member Names: Present Experience None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

None Curled 1-10 games Curled 10-20 games League Curler

Mail or fax payment to:Insurance Institute of Ontario, Conestoga Chapter

101-515 Riverbend Drive Kitchener, ON N2K 3S3

Fax: 519-579-1692

Mail or fax payment to:Insurance Institute of Ontario, Conestoga Chapter

101-515 Riverbend Drive Kitchener, ON N2K 3S3

Fax: 519-579-1692

Time is more valuable than ever with busy schedules it is often difficult to support the many insurance events. Leaders within your local Broker, Adjuster, and Insurance Institute associations have been working to organize a winter event that will bring our memberships together providing an opportunity to network with like minded individuals within our community.

Based on your feedback, we recognized that building and creating connections within our industry is important to you and key to career development and success. Our tripartite associations are please to extend an invitation to join our third annual Local Insurance Associations Charity Curling Bonspiel.

We hope you can come out and join us at Westmount Curling Club on Friday, April 1st. We are offering a morning and afternoon draw so you can still get a half-day in at the office. A buffet style lunch will be catered to both the morning and afternoon curlers, with four (4) end draws providing lots of opportunity to connect with colleagues throughout the local industry.

This is a fun event so experience is not required but we will try to match up experienced groups in the draws along with offering some instructions at the rink. A registration is provided below. It will be first come first served for your choice of a morning or afternoon draw. If you care to sponsor part of the event please indicate so on the registration form. We will present proceeds to the United Way of Kitchener Waterloo.Curling is a really fun social sport that most of us do not get to try or do very often, we really hope you can join us on the 1st.

Prize Sponsorships: Jennifer Brown: [email protected] Scott Heaman : [email protected]

Location: Westmount Curling Club

Date: Friday, April 1, 2016

Time: 9 am - Start. Select preferred draw time on form below.

Price: $56 (includes hst). $226 for a team of 4 (includes hst).

Note: Wear warm clothing and flat, indoor shoes

Time is more valuable than ever with busy schedules it is often difficult to support the many insurance events. Leaders within your local Broker, Adjuster, and Insurance Institute associations have been working to organize a winter event that will bring our memberships together providing an opportunity to network with like minded individuals within our community.

Based on your feedback, we recognized that building and creating connections within our industry is important to you and key to career development and success. Our tripartite associations are please to extend an invitation to join our third annual Local Insurance Associations Charity Curling Bonspiel.

We hope you can come out and join us at Westmount Curling Club on Friday, April 1st. We are offering a morning and afternoon draw so you can still get a half-day in at the office. A buffet style lunch will be catered to both the morning and afternoon curlers, with four (4) end draws providing lots of opportunity to connect with colleagues throughout the local industry.

This is a fun event so experience is not required but we will try to match up experienced groups in the draws along with offering some instructions at the rink. A registration is provided below. It will be first come first served for your choice of a morning or afternoon draw. If you care to sponsor part of the event please indicate so on the registration form. We will present proceeds to the United Way of Kitchener Waterloo.Curling is a really fun social sport that most of us do not get to try or do very often, we really hope you can join us on the 1st.

Prize Sponsorships: Jennifer Brown: [email protected] Scott Heaman : [email protected]

Location: Westmount Curling Club

Date: Friday, April 1, 2016

Time: 9 am - Start. Select preferred draw time on form below.

Price: $56 (includes hst). $226 for a team of 4 (includes hst).

Note: Wear warm clothing and flat, indoor shoes

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Sponsorship Opportunities

When: Friday, April 1st, 2016Where: Westmount Curling ClubTime: 9 a.m. — Start. Select preferred draw time on the registration form

Title Sponsor: $1,250 – Covers ½ the cost of the combined lunch the day of the event. (Morning Draw’s Lunch or the Afternoon Draw’s Lunch)

Gold Sponsor: $500.00 – Covers the cost of complimentary drink ticket(s) for each attendee at lunch.

Silver Sponsor: $350.00 – Covers the cost of the rink rental for the event and instruction

Bronze Sponsor: A cash donation of your choice that will be contributed to any miscellaneous expenses and/or the total proceeds from the event, to be donated to the United Way of Kitchener Waterloo & Area.

Door Prize: Door Prize of your choice.

Thank you for your support and generosity!

Sponsor Company Name:

Contact Name of Sponsor:

Sponsorship Level (I.E. Title, Gold, Bronze):

Address of Sponsor:

Phone Number of Sponsor: ( )

Email Address of Sponsor Key Contact:

All proceeds supporting The United Way

Sponsorship Opportunities

When: Friday, April 1st, 2016Where: Westmount Curling ClubTime: 9 a.m. — Start. Select preferred draw time on the registration form

Title Sponsor: $1,250 – Covers ½ the cost of the combined lunch the day of the event. (Morning Draw’s Lunch or the Afternoon Draw’s Lunch)

Gold Sponsor: $500.00 – Covers the cost of complimentary drink ticket(s) for each attendee at lunch.

Silver Sponsor: $350.00 – Covers the cost of the rink rental for the event and instruction

Bronze Sponsor: A cash donation of your choice that will be contributed to any miscellaneous expenses and/or the total proceeds from the event, to be donated to the United Way of Kitchener Waterloo & Area.

Door Prize: Door Prize of your choice.

Thank you for your support and generosity!

Sponsor Company Name:

Contact Name of Sponsor:

Sponsorship Level (I.E. Title, Gold, Bronze):

Address of Sponsor:

Phone Number of Sponsor: ( )

Email Address of Sponsor Key Contact:

All proceeds supporting The United Way

Please send payment to:

The Insurance Institute | Conestoga Chapter101-515 Riverbend Drive

Kitchener, ONN2K 3S3

Please send payment to:

The Insurance Institute | Conestoga Chapter101-515 Riverbend Drive

Kitchener, ONN2K 3S3

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www.relectronic-remech.caEmergency Service 1-800-465-9473

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The New Accident Benefits Dispute Resolution Regime

Caroline Meyer | 519.279.7800 | [email protected]

Know your new Acronyms: SLASTO, LAT, AIDRS

The Licence Appeal Tribunal (“LAT”) will start receiving Applications for resolution of Accident Benefit disputes on April 1, 2016. The LAT replaces FSCO, in that respect. The acronym for the dispute resolution system at LAT is AIDRS (Auto Insurance Dispute Resolution System). LAT is a part of the SLASTO (Safety, Licensing Appeals and Standards

Tribunals Ontario).

Know the Dispute Resolution Process

The LAT makes its own Rules for proceedings before it; those Rules are known as the LAT Rules of Practice. What we know so far about the AIDRS process is found within the LAT Rules of Practice, and Information Sheets published by the LAT. While the precise AIDRS process is far from completely delineated, and is still subject to change, we currently have a rough framework of the process.

You’ll notice a streamlined, user-friendly chart to the proposed LAT dispute resolution process, on the opposite page. Rip the chart out of your Bulletin, staple it to your wall or tape it to your desk, and follow along. It provides the major steps of the current proposed AIDRS process, with proposed timelines.

No More Boilerplate: Advocacy Matters

The AIDRS process outlines at least three steps where an insurer is provided opportunity to flex its advocacy muscles before a hearing: the Response to the Appeal, the Case Conference Summary and the Case Conference itself. These provide an opportunity for insurers to use advocacy to set the stage for dismissal without a hearing, successful settlement and/or a well-conceived plan for eventual hearing.

The Response to the Appeal can be a tool to advocate for dismissal of an Appeal altogether, at the initial stage of the process. The Rules of Practice establish that the Tribunal may dismiss an Appeal without a hearing, when the Appeal does not meet the statutory requirements for bringing an Appeal, is outside the Tribunal’s jurisdiction or is frivolous, vexatious or commenced in bad faith. To that end, the Insurer’s Response to the Appeal can be used to establish the basis for dismissal without a hearing.

The Case Conference Adjudicator is a gatekeeper. A LAT hearing can take one of several streams: written, electronic or in-person, or even a combination of streams. The stream of hearing dictates not only the form of the hearing but also, to some extent, the scope and substance of the evidence presented at the hearing. The Adjudicator may send the dispute down a stream based on the nature of the dispute as outlined in the Response, Case Conference Summaries and the arguments presented at the Case Conference. The Response to the Appeal and Case Conference Summary can be opportunities for an insurer to explain, for example, why a dispute is more or less complex than it might appear on its face, and thus might merit a particular stream of hearing. Each dispute is unique; a careful analysis of issues, anticipated evidence and witnesses will be necessary to advocate for an appropriate hearing stream.

The practice of advocacy involves some measure of “thoughtful” disclosure; think about how to best present anticipated evidence, based on a strategic plan. Be mindful that the substance of the case conference summary may not be confidential and may find its way before the hearing Adjudicator. The Rules of Practice provide Adjudicators with some control over the process and the hearing itself; this discretion is an opportunity for advocacy to take center stage. Use the AIDRS to your advantage. Don’t shy away from flexing your advocacy muscles.

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LAT AIDRS PROCESS CHART

Caroline Meyer is a lawyer at Samis+Company’s Waterloo Office. www.samislaw.com | @samislaw | #OntInsLaw

Toronto | Waterloo

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Life as a Project Manager in the Restoration Industry

I was born and raised in Kitchener and I have had the blessing of witnessing the Region blossom into the

great community that it is today. I am a proud father to three beautiful children and I cannot think of

another area that I would want to raise them in.

When I’m not working I can often be found cycling throughout the

region 3 seasons of the year taking in our rural scenery. I am an

avid back country camper and love exploring anywhere in Ontario.

During the winter I’m active playing basketball one or two nights a

week. I am a huge Toronto Raptors fanatic! Added bonus that most

of my co-workers are basketball fans as well.

My first exposure to property restoration occurred in the late

1990’s when my childhood best friend’s father co-owned a local

Restoration company. It was then that I learned that I enjoy

helping people through what can be a traumatic experience for

any property owner regardless of the nature and scale of the

damage. I really enjoyed the rewards of seeing customers smile

when the situation was addressed promptly and properly, taking

the stress away and repairing their homes to better than what they

were before the incident. The hands on work of a Project Manager

is a rewarding career that I love! Since becoming a Project

Manager in our industry I have had the pleasure of traveling to some

of the Catastrophes in Ontario and Alberta. I participated in the Chatham/Kent floods, Niagara wind

storms, catastrophic pump failure in Thunder Bay, floods in Edmonton and the one most of us can recall,

the GTA floods. Last year I joined the great team at Restoration 1 and I couldn’t be happier. The

atmosphere is one of a cohesive work family where everyone works together to improve processes that

benefit the entire claims experience. This includes simplifying and optimizing the way that things are done

internally, for the home owners and to our partners the insurance companies.

Our industry is constantly evolving but there are certain things that always remain the same through time.

I would like to outline some of these challenges that we face in our industry on a regular basis, challenges

that we strive to turn around into benefits when helping our customers. There are a few that I would like

to discuss in particular, those being extreme odours in homes following a disaster, dealing with homes

with an above average amount of content and also special precautions when dealing with a home that

involves children, the elderly and individuals with low immune deficiency.

Jim White, Manager at Restoration 1

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Odours:

In the restoration industry we run into some of the most

rancid odours that you could imagine. Especially in situations

dealing with sewer backups, a home owner’s palace can

quickly turn unrecognizable. The liquid or solid wastes that

comes up through the drains does not only often damage the

property extensively but also leaves it with a troublesome

scent. When our team first arrives at such a claim the first

thing that they do is pacify the home owner and ensure them

that things will get better – and soon! I cannot emphasize

enough the importance of fixing the cause of the issue as

quickly as possible to prevent any further damage. Our crew of

trained remediation experts arrive to the scene within short moments of the incident and begin attacking

the problem by removing the source.

Some of the first things that they will do are the following:

Apply pre-clean solution that helps to both breakdown and disinfect the area

Extraction and removal of the contaminated materials

Removal of affected flooring, drywall and other affected materials

Setup of specialized drying equipment to make sure that the area is brought back to normal

moisture levels as quickly as possible

Contents:

We often run into homes where the amount of contents that we run into are surprising, and these are

especially difficult to deal with when involving water or fire damage. We all have run into the delicate

situation with clients that are affected with a hoarding disorder which makes them extremely sensitive

and emotional to the handling of their prized contents. This however becomes an issue when their

contents, many of which have been affected by the

catastrophe, will pose a health concern if not dealt

with immediately. In situations such as this, we are

extremely delicate when handling the contents and

all of our staff treat them as if they were their own.

We understand how emotional our customers can

get and do everything in our power to ensure that

they are comfortable throughout. Fortunately, we

always document the contents with both pictures

and descriptions of what is packed and where,

making the salvageable belongings accessible if the

home owner were to require of them prior to the

repairs and pack back. At Restoration 1 we take this a step further, using advanced software and systems

taking the indexing of such contents to the next level. This makes it easy for both home owner and

insurance adjusters to navigate through the contents at their leisure, with printed copies for those who

Believe it or not, this is a kitchen...

Toilet Backup in Residential Home

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are not computer friendly. It is extremely gratifying to see a home owner that feels that their contents

were handled properly and that they were attended to incredibly during their situation.

Children and the Elderly:

Another area that requires extremely delicate attention is when a disaster occurs in a home that involves,

children, elderly people and individuals with low

immune deficiencies. In such cases we must take

additional precautions to ensure that these people

are safe and protected from the contaminants that

can result from such catastrophes. The most

alarming situations for such individuals are sewage

and mould. This may involve the requirement of

additional containment barriers to isolate the area

in which the disaster occurred from the rest of the

home. If the home owner has another place to stay

or hotel coverage with their insurance policy,

staying away during the emergency portion of the

claim may also be a good idea. We may also resort

to the use of additional equipment, namely air

scrubbers that use HEPA filters and a three filter system to remove the possibility of migration of any

microbial cross contamination to other unaffected areas of the home.

If you ever run into a situation involving water, fire, mould, smoke or wind damage, feel free to contact

our team of experts here at Restoration 1 to discuss your situation.

Jim White is a Project Manager at Restoration 1, servicing Kitchener, Waterloo, Cambridge Guelph and the surrounding area

Restoration 1 Kitchener

4-565 Trillium Drive

Kitchener, Ontario N2R 1J4

519.505.4785

Children and the elderly

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Access Restoration Services 12

Arcon Engineering 29

Carpet Department Inside Back Cover

Carstar 29

Caskanette Udall Outside Back Cover

CRDN 22

CSN Regency 31

Davis Martindale Advisory Service Inc Inside Front Cover

First General Services 20

First Response Restoration Inside Back Cover

Golden Triangle Restoration 24

Ground Force 22

Highland DKI Outside Back Cover

Hrycay Consulting Engineers 30

KPMG 23

Larrek Investigations 20

Lipskie Appraisal Services 29

MD&D 29

Miller Thomson LLP 25

Origin & Cause Inc 26

Pario 24

Parkway Auto Recyclers 31

Paul Davis Systems Inside Front Cover

PwC Inside Back Cover

Relectronic-Remech 22

Restoration 1 25

Strone Restorations 23

Winmar 21

Xpera Risk Mitigation & Investigation 35

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