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Photo Credit – Peter Neufeld SEPTEMBER 2015
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K-W OIAA September 2015 Bulletin

Jul 23, 2016

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Page 1: K-W OIAA September 2015 Bulletin

Photo Credit – Peter Neufeld

SEPTEMBER 2015

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Hello, I can’t believe I am writing this and it is the start of September already. The school buses, students and parents will be back to routine. Summer flew by so fast this year, I hope that everyone had a safe, happy and great summer and is now ready for the new year within the K-W OIAA chapter.

We have so many great speakers, and events lined up for the year, I am looking forward to them already. As I write this, our trade show is 80% sold out and will likely be sold out as you read this. Many of the vendors are returning vendors although we do have some new vendors this year. A reminder that dinner tickets are NOT available at the door and must be purchased in advance. Please purchase your tickets at http://www.kw-oiaa.ca. If you have any questions or concerns about the trade show please contact Jennifer Brown or Ryan Potts. We look forward to seeing you at what we think is the best tradeshow in Ontario. We will be holding an election for the Social Director Position at the Tradeshow. If you are interested in being on the executive as a Social Director please contact Laura Potts or Jennifer Brown to put your name forward. A general reminder that social members are the only members who can vote for this position and only those members who are currently in good standing within the K-W OIAA. Each member may only cast one vote. The Executive committee and I are always available if you have questions or concerns about or organization, we have a new email address where you can reach us at: [email protected] or contact myself at [email protected] Sincerely,

Jennifer Brown Economical Insurance K-W OIAA President

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Jennifer Brown Ryan Potts President Vice‐President Economical Insurance ClaimsPro 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]

Ashleigh Leon Stephanie Storer Social Director Social Director Miller Thomson LLP CKR Global Investigations 519-593-2427 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 Announcements Page 7 Miller Thomson: Not Just Another Crash Test – Singing Those Black Box Blues Pages 12‐13 Meet Your Executive Pages 16‐17 Samis + Company: More Changes Coming To SABS in June 2016 Pages 21‐22 Blaney McMurtry: W.L. Petrey Wholesale: Eleventh Circuit Applies Inventory Shortages Exclusion in Finding No Coverage Under Crime Policy Pages 26‐27 Insurance Institute – Conestoga Chapter: Upcoming Programs Pages 30‐31 Advertisers’ Index Page 36

This Month’s Cover

Engine 894 was originally owned by the Canadian Pacific Railway Constructed in 1911. It was given as a gift of the City of Kitchener, 1964. The train ran on the Grand Trunk and Canadian Pacific railway systems connecting small rural communities with the larger urban centres in the country. A return ticket from Berlin to Detroit in 1914 was $3.40. The train is on display along with the Grand Trunk Railway Station originally located in Petersburg. This can be viewed at the Waterloo Region Museum and is the gateway to the year 1914 and the historic Doon Village. – Courtesy Peter Neufeld

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September 24, 2015 – Tradeshow- Concordia Club Kitchener: Jen Brown & Ryan Potts

October 29, 2015 - Property Subrogation- Dan Strigberger & Leeann Darke November 26, 2015 - Chili Cook Off: Manish Patel & Cyndy Craig December – No scheduled events

January 28, 2016 – Property Round table discussion- Laura Potts & Mark Potts

February 25, 2016 – Accident Benefits Dispute Provisions- Ashleigh Leon, Carrie Keogh & Gillian Reain

March 31, 2016 – Desktop Investigation Strategies- Stephen Tucker & Stephanie Storer

April 28, 2016 - Election & Fun Night: Ashleigh Leon & Cyndy Craig

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

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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September 2015 With Catastrophic loss again on the radar, it’s no wonder OSFI is so focused on the 2016 MCT guideline. Some highlights from the Canadian Underwriter, Daily News:

• Vancouver faces risk of flash floods from heavy rainfall and Florida declares state of Emergency in preparation for Tropical Storm Erika.

• BC also recently endured the largest earthquake in its Province’s history due to

continued natural gas fracking.

• Fires raging in Alberta and the North-West United States are causing smoke risk in Western Manitoba and along the Saskatchewan border.

• Meanwhile, a four-year drought in California has left officials expecting high risk of

floods in time for Superbowl.

• Catastrophic storms still pose risk throughout the US Gulf coast (10 years after Katrina).

• And, in Spokane, Washington, wildfire leaves 13,000 homes with reconstruction

cost of US$3 billion. Want more info on CAT loss? Want to learn more about another insurance topic? As we gear up for the 2015-2016 season of KW OIAA education and events, we would love to hear from you! Please email us with your education meeting ideas: [email protected] Have a great September! Cheers, Stephanie Storer, 2015-2016 KW-OIAA Social Director National Account Manager, Xpera Investigations

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I hope everyone had a safe and enjoyable summer as we gear up for what is sure to be a busy fall season. It is hard to believe that the K/W Trade Show is already upon us. OIAA President Catherine Groot will be attending this event so be sure to introduce yourself and say hello.

A reminder that this year is the 85th anniversary of the OIAA and membership is free for the 2015 – 2016 term. If you know any colleagues who are not already members this is a great opportunity to introduce them to the OIAA. Here is a list of Toronto OIAA events for the remainder of the year so you can mark your calendars accordingly: September 9, 2015 September Kick-Off and Anniversary Celebration - Stock Exchange Downtown, Toronto, ON October 14, 2015 Past President Night - Westin Bristol Place Airport, Toronto, ON November 11, 2015 Seminar - TBA, Toronto, ON December 9, 2015 Christmas Party - CN Tower, Toronto, ON As always details and registration are available at www.oiaa.com and you can stay tuned to OIAA events by following @PresidentOIAA on twitter or on Facebook. Regards, Stephen Tucker Kitchener Waterloo OIAA Chapter, Toronto Delegate

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Not Just Another Crash Test – Singing Those Black Box Blues A recent Auto Insurance Seminar (Crash Course) included a demonstration of a “real, live crash test”. The event included a download of the SDM (Sensory Diagnostic Module) data from the striking vehicle by our friends at MEA Forensic to analyze crash severity, speeds and braking action. The data was recovered and downloaded at the scene. MEA did not require a warrant to download the data. Others, however, have not been so fortunate, hence the Black Box Blues.

In Canada, Black Box (SDM) data is made available to third parties such as insurance companies only if the vehicle owner agrees to it or the courts issue an order/subpoena. The data generated from onboard electronics is extremely valuable to insurers, governments, law enforcement agencies and for those interested in tracking and profiling users, for marketing and other purposes. Automakers initially argued that Black Box data belonged to them, however, courts have disagreed, finding the data belongs to the vehicle’s registered owner (not necessarily the generator of the data). Automakers still control access to the data through proprietary encryption keys. The reality, however, is that insurers in Canada face numerous obstacles in accessing the Black Box data due to ever increasing privacy issues. In the United States, a Senate Committee unanimously approved the Driver Privacy Act of 2015, a bipartisan bill limiting access to Black Box data. Under the Act, the data could only be obtained with:

1. a court or administrative order;

2. consent of the car owner or lessee;

3. a Federal Transportation Safety Investigation, if personal information is redacted; or

4. Emergency Crash Medical Response or Traffic Safety Research, if personal information is redacted. At this stage, Canada has no such legislation in place. The lack of clarity as to data access creates barriers in the investigation of criminal and civil liability for automobile accidents.

Consider this fact scenario. A driver (possibly impaired) fails to stop at a stop sign and strikes a van. The van has four family members including an 11-year-old boy. The 11-year-old boy dies as a result of the collision. A quick thinking police officer enters the wreckage of the striking vehicle and arranges for a download of the Black Box data without a warrant. At the criminal trial, the driver argues that the download of the Black Box data violated his Charter Rights to be secure against unreasonable search and seizure and, as such, should be excluded from evidence. The data showed that in the .3 seconds before impact the vehicle was accelerating and was at 37.8% of full throttle. The brakes were not activated at any time during the 5 seconds before the crash.

This is the fact scenario in R. v. Glenfield [2015] O.J. No. 1212, a recent Superior Court decision of Mr. Justice Hambly. This tragic case is interesting in many respects, not the least of which involves the judicial balancing of access to the Black Box data, privacy interests and Charter Rights. Insurers should take note that access to the data, no matter how relevant and how compelling, is not a foregone conclusion.

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In a 34 page decision, Mr. Justice Hambly agreed that Glenfield’s Charter Rights had been violated by the download. Glenfield had a reasonable expectation of privacy with respect to the Black Box data. His car was his castle. Despite the exigent circumstances at the scene, the police officer should have obtained a warrant. His failure to do so would exclude the evidence from being heard. HOWEVER, Mr. Justice Hambly found the police officer acted in good faith and the Black Box data did not contain personal (biographical) information about the driver (unlike a laptop or cell phone). Due to the low level of the Charter violation and the seriousness of the charges, particularly the death of the 11-year-old, Mr. Justice Hambly ruled that Glenfield failed to establish that admission of the evidence, in the face of a Charter violation, would bring the administration of justice into disrepute and admitted the evidence.

Prior to Glenfield, only two other Canadian criminal cases had addressed admissibility of Black Box data. Both decisions were rendered in 2014. In R. v. Hamilton [2014] O.J. No. 747, another Ontario Superior Court Judge ruled that the expectation of privacy in a vehicle should not be lost simply because a vehicle is damaged in an accident. Contrary to Glenfield, this Judge found that the Black Box data was personal information akin to cell phone or personal computer data. The right to search a vehicle when investigating a possible crime did not extend to the vehicle’s onboard computer systems. Notwithstanding all of this, the Judge allowed the data into evidence as it was in the interests of justice to do so.

We live in interesting times when our vehicles can, in effect, provide the best liability evidence against us. This obviously touches on fundamental rights, including those rights protecting us against self-incrimination.

Initially, Black Box data was of interest only to safety researchers and automakers to improve crash characteristics of cars and, potentially, to shield them from civil liability. Now it is accepted that the vehicle owner owns the data and that data may be personal data. The privacy threshold and the use of the personal information may put the owner/driver on a collision course with law enforcement and collision investigation. With American legislatures considering mandatory installation of Black Boxes in all cars and trucks, this is not just another crash test (dummy).

In an interesting twist, UBI (Usage Based Insurance) data will belong to the insurer or third party provider of data services. As such, instead of an accident scene download, the police may be required to seek a warrant to obtain the data from insurers and data providers in the same way Internet search warrants are issued. It will be interesting to see whether insurers or data services will release data to lawyers and law enforcement on a voluntary basis or must be compelled to do so. Listen closely for more chords in the Black Box Blues.

Helen D.K. Friedman is a litigation lawyer and partner in the Waterloo office of Miller Thomson. She is engaged in an insurance defence practice with an emphasis on first party claims.

Michael Kelly assisted with the writing of this article. Michael is a summer student at the Waterloo office of Miller Thomson.

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Jennifer Brown is the chapter president for the 2015- 2016 year. She joined the K-W OIAA executive in 2013. Jennifer started her career in insurance in 2010 with Economical Insurance as a claims assistant and found a love for Accident Benefits and adjusting claims in 2015, she moved into a Team Leader role at Economical. Jen is from a small town in South Western Ontario named Merlin, currently known for the abundance of Wind Turbines. She came to Kitchener- Waterloo to attend Wilfrid Laurier University and study Biology in 2003, and has never left with the exception of a year at the University of Windsor to complete Teachers College. She has been married to her spouse Kevin since 2011. In 2014, they welcomed their son Gideon, and in 2016 they will be welcoming another child into their lives. Jen can often be found in the kitchen baking up something delicious, canning, or cooking great meals. Otherwise you may find her with a book, or dancing with Gideon.

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Dan Strigberger is in his third year as the Web/Social Media Director. He joined the executive in 2011 as a Social Director. Dan was born in Toronto. The son of a plaintiff lawyer, Dan decided early on in his life that he would rather act for "defendants". So he pursued this dream and graduated from the University of Ottawa law school in 2001. Dan "grew up" working at Samis + Company, fighting on behalf of many of Canada's largest property and casualty insurers. In 2010, Dan left the Big Smoke and landed at a firm in Waterloo. Within 18 months, he received the Waterloo Region Record Top 40 Under 40 Award. Eighteen months later he got to spend three months living in a retirement home, where he developed skills in cards, shuffleboard, and circle drumming. In July 2015, Dan returned to his "law" roots and opened a Samis + Company office in Waterloo, at 1 Blue Springs Drive (across the street from East Side Mario's, which is where you will find Dan most days at lunchtime). Samis + Company is now the only insurance boutique firm with offices in Toronto and Waterloo. The Waterloo office is staffed with local lawyers, clerks, and assistants. In the coming months, Dan is planning to grow the Waterloo office with additional talent. When he's not being a law guy, Dan is an avid photography enthusiast. He enjoys traveling and golfing. Sometimes he gets scolded by famous hockey fathers. He also spends many hours on social media, tweeting as @insuranzlaw about such interesting topics as #TheSABS, #Coverage, and #ChocolateIceCream.

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More Changes Coming to SABS in June 2016

Daniel Strigberger | 1.844.SAMIS.KW [email protected] | @InsuranzLaw

On August 26, 2015, the Ontario Legislature filed Bill 251/15, which amends the Statutory Accident Benefits Schedule in a number of remarkable ways. For the most part, the amendments apply only to policies issued or renewed on or after June 1, 2016. Existing contracts will remain subject to the current limits until the contract is terminated or renewed.

The most notable/talked about changes are to the catastrophic impairment definitions, but there are also significant changes to the non-earner benefits and med/rehab benefits available under the policy. What follows is a brief overview of the notable changes and the possible implications the accident benefits and tort industries faces with them.

Catastrophic Impairment

The catastrophic impairment definition post June 1, 2016 includes new and/or updated definitions and criteria for traumatic brain injuries for adults and children. The new definition adopts a number of medical tools to categorize these impairments, such as reference to a (bedside) text called “Structured Interviews for the Glasgow Outcome Scale and the Extended Glasgow Outcome Scale: Guidelines for Their Use, Journal of Neurotrauma, Volume 15”. The often-controversial and highly problematic Glasgow Coma Scale category is removed.

The new definition also updates criteria for amputations, ambulatory mobility, loss of vision, and mental and behavioural impairments. Of note, Pastore has been overruled: Future catastrophic status for pure mental and behavioural disorders will require marked impairment in three of four aspects of function, or extreme impairment in one aspect, and the person must be precluded from useful function.

Finally, the Desbiens / Kusnierz methods of “combining” physical and mental impairments now must be done with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 6th edition (as opposed to the 4th edition). The 6th edition provides a specific methodology for assigning a Whole Person Impairment (WPI) to certain mental and behavioural conditions, which the Legislature has adopted for use in conjunction with the 4th edition’s system for rating other impairments.

Catastrophic Limits

For catastrophic impairment claims, a new combined med/rehab and attendant care benefit of $1 million is available. This reduces the potential amount of recovery under the policy significantly from $1 million for med/rehab and $1 million for attendant care.

Non-Earner Benefits

Under the existing SABS, the non-earner benefits are paid after a six-month waiting period after the accident (onset of disability), up to two years post-accident at a rate of $185/week. If the person continues to meet the

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disability test after two years, the benefit amount increases to $320/week. Further, the benefit is available to a claimant who is 16 years of age or older.

As of June 1, 2016, the six-month waiting period is replaced by a four-week waiting period, but the benefit is no longer payable after two-years. Therefore, the $320/week benefit is eliminated and the insurer’s exposure stops at the two-year mark. Finally, the benefit is not payable to anyone who is under 18 years old.

Medical / Rehab and Attendant Care Benefits

The new changes significantly water down the non-catastrophic med/rehab and attendant care benefits. A new standard benefit that combines med/rehab and attendant care limits these claims to $65,000 (instead of $50,000 for med/rehab and $36,000 for attendant care).

Most importantly, the non-catastrophic med/rehab benefits are no longer available after five years post accident (instead of 10 years). Of course this change may not make much difference in the long term considering how difficult it can (or should) be to make $50,000 last over the course of 10 years. Nevertheless, the insurer’s exposure post accident for these benefits will stop after five years. The new duration does not apply to children under 18 at the time of the accident.

Optional Benefits for Med/Rehab and Attendant Care

The current optional $100,000 non-catastrophic med/rehab and $72,000 attendant care benefit have been eliminated. Instead, policyholders can purchase a new combined optional med/rehab and attendant care benefit of $130,000, which doubles the $65,000 standard limit for these benefits. They can also purchase the existing optional $1 million combined med/rehab and attendant care benefit that is available currently.

For catastrophic impairments, a new optional benefit of up to an additional $1 million for med/rehab and attendant care will be available. This optional benefit essentially would restore the catastrophic limits to the default catastrophic limits available today (although the med/rehab benefits would be combined with the attendant care benefits up to $2 million).

Other Changes – Attendant Care

The amendments have tweaked the attendant care benefit claim by confining entitlement to actual losses when an attendant care provider performs the services at a cost that is less than the actual amount stipulated on the Form 1 (“Assessment of Attendant Care Needs”).

Implications Going Forward

The new changes present a number of challenges for insurers and claimants alike. Insurance adjusters will have to wrap their heads around the several new tools/texts that have been inserted in the new catastrophic definition, which could make responding to these claims difficult for the next while.

Tort adjusters should also expect to see more claims with higher exposures now that the standard and catastrophic med/rehab limits have been significantly reduced. Direct writers/brokers should consider advising their customers to purchase enough liability coverage going forward.

The new amendments are available on e-laws: http://www.ontario.ca/laws/regulation/100034.

Daniel Strigberger is a lawyer at Samis + Company’s new office in Waterloo. www.samislaw.com Toronto | Waterloo

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W.L. Petrey Wholesale: Eleventh Circuit applies Inventory Shortages Exclusion in finding No Coverage under Crime Policy

By David S. Wilson and Chris McKibbin In our March 24 post, we summarized the decision of the U.S. District Court for the Middle District of Alabama in W.L. Petrey Wholesale Co., Inc. v. Great American Insurance Company. In that decision, the Court applied the Great American policy’s Inventory Shortages exclusion in holding that no coverage was available to the insured notwithstanding that the insured (“Petrey”) had been indemnified in respect of a (superficially) similar claim two years before. The Eleventh Circuit Court of Appeals recently affirmed the District Court’s decision. The Eleventh Circuit held that, while evidence of an employee’s exclusive access to insured property may support an inference of employee involvement in a loss which is independently demonstrated by other evidence, evidence of exclusive access, coupled only with an inventory discrepancy, will not take a claim outside the Inventory Shortages exclusion. The Facts Petrey was a wholesaler of 5-Hour Energy drinks and employed salespeople to deliver the product along prescribed delivery routes in trucks provided by Petrey. Petrey also leased storage units to individual salespeople. The salespeople ordered the product based on customer demand, delivered it, and were supposed to account for the deliveries by entering the relevant data in Petrey’s computer system. Petrey would conduct a physical inventory of each salesperson’s truck and storage facility at least twice a year. Petrey employed Justin Bree as a salesperson from 2007 until 2013, when Bree was dismissed because his primary customer requested that he no longer service its stores. After Bree’s dismissal, Petrey took possession of Bree’s delivery truck and its contents; his computer equipment; and the storage unit where Bree kept Petrey’s inventory. A month after Bree’s termination, Petrey discovered that the inventory in the storage unit was short by 82,510 bottles. Petrey then audited Bree’s route inventory and took a physical count of the storage unit, confirming the discrepancy. Petrey also compared Bree’s orders for the products with his sales. This comparison revealed a pattern of Bree’s ordering more products than his sales would have required. The Inventory Shortages Exclusion Petrey submitted a claim to Great American alleging that Bree had stolen the product. Great American denied the claim on the basis of the policy’s Inventory Shortages exclusion, which provided that:

We will not pay for loss as specified below: … Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon:

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a.) an inventory computation; or b.) a profit and loss computation.

The District Court held that the Inventory Shortages exclusion applied to exclude the claim in its entirety. Petrey could point to no independent evidence linking Bree to the discrepancy. The District Court rejected Petrey’s contention that “the proof of the existence of the loss is the missing items themselves”, noting that there was no basis for this assertion other than the inventory calculations. Consequently, there was no basis to conclude that there had been a loss due to employee dishonesty or, for that matter, that there had been any loss at all. On appeal to the Eleventh Circuit, Petrey advanced two primary arguments. First, Petrey contended that its physical inventory count provided independent evidence of employee theft by demonstrating that Bree ordered the products, received them from Petrey, did not deliver them to his customers, and did not have them on hand in his storage locker. The Court rejected Petrey’s contention, observing that “this argument is circular, as Petrey has supported these assertions only with order and sales records - which boil down to inventory comparison computations.” Second, Petrey argued that it provided independent evidence of an employee dishonesty loss by showing that only Petrey employees had access to Bree’s inventory (the “exclusive access” argument). The Court also rejected this argument, relying on the Second Circuit’s 1973 decision in Dunlop Tire & Rubber Corp.:

We agree with the Second Circuit that “circumstantial evidence that, if a loss in fact was sustained, [the insured's] employees were the perpetrators” is not independent evidence of the existence of a loss. … Petrey’s assertion that only its employees could have stolen the 5-Hour Energy bottles “presupposes the factual existence of a loss” and “merely tends to foreclose the possibility of theft by persons other than employees,” rather than prove that employees stole anything from the company.

As such, Petrey was unable to identify any independent evidence linking Bree to the inventory discrepancy. Conclusion The Eleventh Circuit’s decision in W.L. Petrey Wholesale reaffirms the commercial crime policy’s requirement that there must be independent corroborating evidence of both a loss in fact, and employee dishonesty causing that loss, in order for an insured to rely on its inventory records or computations as proof of a covered loss. The Court reiterated an important distinction with respect to the “exclusive access” argument sometimes advanced by insureds in inventory loss claims: while “exclusive access” may provide circumstantial evidence supporting an inference of employee involvement, it does not, without more, demonstrate that a loss has occurred. Consequently, evidence of exclusive access, coupled with a paper inventory shortage, should not, by themselves, take a claim outside of the inventory exclusion. W.L. Petrey Wholesale Co., Inc. v. Great American Insurance Company, 2015 WL 4646599 (11th Cir.)

Chris McKibbin joined Blaney McMurtry as a partner in 2014 after practicing for 11 years with an insurance litigation boutique. He has extensive experience in fidelity insurance law. His practice encompasses all aspects of coverage analysis and litigation, involving fidelity bonds, commercial crime policies and financial institution bonds. Chris also maintains a fraud recovery practice, and has obtained significant recoveries in claims against defaulting employees, auditors and financial institutions. Chris has acted for subrogating insurers in pursuing construction defect claims, products recall liability claims and other subrogated claims. He also has experience in CGL coverage analysis and

duty-to-defend applications, as well as the defense of insureds under liability policies. Chris has provided coverage advice to D&O insurers and has also served as defense counsel under D&O policies. He served as counsel for a D&O insurer in resisting an application for court approval of a settlement arising out of the Hollinger International-Conrad Black dispute.

http://blaneysfidelityblog.com/

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Insurance Institute – Conestoga Chapter

Here are some professional development programs coming up at the Conestoga Chapter.

Essential Management Skills Leading others is challenging. Having the skills to lead others makes the challenge enjoyable and rewarding. Moving from career professional into the role of management is an exciting step in one’s career. As you make that shift, your role and the skills you need to be effective will change. New managers must work hard to adapt to the challenges of managerial work and their new network of relationships and responsibilities. The transition into management requires changes in the way you:

• Present yourself • Interact with your team • Work and organize your day • Make decisions • Are measured and evaluated Learning to effectively handle the stresses, challenges and changes associated with leading others is often as important to your career's success as your specific achievements at work. Come and learn more about your Leadership style and its impact on your team; the Performance Management Life Cycle; Delegation; Conflict Management; and Motivation. You will leave the course equipped with the core skills of management that will enable you to master the day-to-day challenge of leading others and achieve maximum results through your direct reports. Conestoga Chapter Office, 101‐515 Riverbend Drive, Kitchener Sept.28, 2015 9:00 a.m. – Sept 30, 2015 4:15 p.m.

Farm Liability and Automobile Coverages According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) there are more than 57,211 farms in Ontario and sales of farm products total more than $9 billion each year. In this half day session we will explore all aspects of Farm Liability Risk including premises, products and operations. Topics Covered: • Farm Liability coverage including Limited Farm Pollution/Premises Liability and Product Liability Industry Trends - how is the agricultural industry changing. • Case Study. Conestoga Chapter Office, 101‐515 Riverbend Drive, Kitchener September 30, 2015 9:00 p.m. ‐ 12:15 p.m.

Farm Insurance Loss Prevention & Claims Handling Purchasing insurance is one of the last steps in the risk management process for a reason. Preventing losses from happening in the first place is a preferred means of managing risk. It’s not just about money it’s about avoiding the time and stress of dealing with a loss and in the case of injury avoiding grief as well. In this half day session we will cover a number of strategies for loss prevention and for those claims that do inevitably happen, how to manage the claims process. Conestoga Chapter Office, 101‐515 Riverbend Drive, Kitchener October 07, 2015 9:00 p.m. ‐ 12:15 p.m.

Trends in Subrogation Are you comfortable investigating and advancing recovery options with respect to subrogation? Join us at this PROedge level seminar to learn practical strategies and legal hurdles that will be presented to you throughout the subrogation process. As a subrogation professional, experienced claims adjuster or broker, this seminar will benefit you by providing you with a deeper understanding of the changing character of losses and the legal landscape. Through an exploration of the following key areas, you will walk away from this seminar with a sound understanding of: Environmental spill claims, Infrastructure failure, First responder negligence, Loss shifting by commercial lease arrangements, and Class actions that try to supplant individual actions Conestoga Chapter Office, 515 Riverbend Drive, Unit 101, Kitchener November 03, 2015 9:00 a.m. ‐ 11:15 a.m. EST

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Successfully Manage Five Generations in YOUR Workplace Have you noticed the dynamics of your work environment changing right before your eyes? Never before have we had five generations working side-by-side at the same time, making the need to understand generational differences in communication preferences, behaviour, company loyalty and work style more important than ever. Conestoga Chapter Office, 515 Riverbend Drive, Unit 101, Kitchener November 4, 2015 9 am – 12:15 pm

Transitioning From Peer to Team Leader Just when you started to worry that the promotion you wanted would go to someone else, your boss offers you the chance to run your department. Finally, after years of long hours and hard work, you can address the problems you've been forced to endure and share your vision for how the department might best perform. However, the transition from colleague to boss can often be fraught with interpersonal challenges and surprising demands. Internal promotions present unique dilemmas and opportunities that require careful negotiation in order to move from compatible colleague to respected supervisor. This success series workshop will assist you to: • Clarify your role to maintain and build relationships with your team • Accept the responsibilities of your new role, while continuing to be yourself • Successfully transition from team member to manager • Set clear expectations and boundaries for team members • Be consistent in your communication with everyone • Avoid common pitfalls of the newly promoted supervisor Conestoga Chapter Office, 515 Riverbend Drive, Unit 101, Kitchener November 18, 2015 9 am – 12:15 pm

Fundamentals Series: 103 At Home with Habitation Leading others is challenging. Having the skills to lead others makes the challenge enjoyable and rewarding. In this half day Success Series seminar, you will learn about one of the most important coverages available that often gets overlooked: Habitation Insurance. Learn about different exposures, types of property, how coverage is applied, what is covered and what are the exclusions in a homeowners plan. Learn how to identify different exclusions and limitations in all risk policies, and discuss various endorsements to extend coverage or remove exclusions, as well as recognize the differences in a seasonal and a secondary policy. Conestoga Chapter Office, 515 Riverbend Drive, Unit 101, Kitchener November 18, 2015 9 am ‐ 4 pm

Annual Speakers' Luncheon - Into The Future: Challenges and Opportunities Join us for our 37th Annual Speakers' Luncheon as we explore challenges from the sharing economy, utilizing digital channel opportunities with customers, emerging technologies for adjusters, challenges facing farm mutuals in Ontario, and leadership in today's world. Whether you are an organizational leader or an upcoming insurance professional, you will find value in hearing from prominent insurance figures, as: Doug Heaman, CCIB, President-Elect, Insurance Brokers Association of Ontario Catherine Groot, CIP CFEI, President, Ontario Insurance Adjusters Association Carlos Rodrigues, FCIP, President & CEO, North Waterloo Farmers Mutual Insurance Company Javier Ibañez B.A.,M.Ad.Ed, Vice-President Economical Insurance. Our moderator for the panel is Daniel Strigberger LL.B, Samis Law Waterloo Inn & Conference Centre, 475 King Street North, Waterloo November 26, 2015 11:00 a.m. ‐ 2:30 p.m. Also coming in 2015‐2016: Fundamentals Series: 105 In Good Company with Commercial Automobile, Advanced Construction Insurance, Introduction to Surety Bonds, Advanced Surety Bonds

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Access Restoration Services 10 Arcon Engineering 14 Atlas-Apex Roofing Inc 24 Autopro 23 Bayshore Home Health 28 Brodrechts 28 Carpet Department Inside Back Cover Carstar 14 Caskanette Udall Outside Back Cover CRDN 18 CSN Regency 10 Davis Martindale Advisory Service Inc Inside Front Cover First General Services 15 First Response Restoration Inside Back Cover Forbes Motors 23 Golden Triangle Restoration 29 Ground Force 20 Highland DKI Outside Back Cover Hrycay Consulting Engineers 19 KPMG 29 Larrek Investigations 24 Lipskie Appraisal Services 14 MD&D 14 Miller Thomson LLP 20 Origin & Cause Inc 8 Pario 11 Parkway Auto Recyclers 28 Paul Davis Systems Inside Front Cover PriceWaterhouse Coopers Inside Back Cover Queensway Auto Body LTD 23 Relectronic-Remech 20 Restoration 1 18 Strone Restorations 8 We Care Home Health Services 15 Whitehall Bureau of Canada Ltd 11 Winmar 25 Xpera Risk Mitigation & Investigation 9

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