OPP reminds public to be vigilent of scams

Members of the Temiskaming Detachment of the Ontario Provincial Police would like to inform the public of several different types of frauds/scams in the Temiskaming  area.

Police would like to remind the public to be aware before providing any personal information or money. Police are suggesting to inquire about the company that is asking for your personal information such as your bank account, computer information. Listed below are some of the recent scams investigated by the OPP.

The Romance Scam – Fraudsters take advantage of people who are lonesome. They may steal other profile photos to make themselves appear like someone else, use social media and lure victims. They may rush into the relationship, and promise a wedding or expensive items, once they meet in the victim’s country, or they may continue the online relationship over an extent of time to develop a trust level which usually results in the victim losing a significant amount of money, and the victim never actually meeting their so called partner.

Canada Revenue Agency (CRA) Scam – If you receive a fraudulent communication by email, phone, text, mail, from someone that claims to be the CRA and they request personal information, these are scams and never respond.

The CRA will never send you a link and ask you to divulge personal or financial information.

Compromised Credit Cards – Fraudsters have been calling the public lately claiming to be employees from the fraud department at a bank. They proceed to advise people that their credit card has been compromised and in order to verify they have the right account, to please read them your credit card number. In these cases, the fraudsters already have your name and first four digits on the Visa or MasterCard. This tactic is used to make them sound legitimate.

Do not divulge any personal information related to credit cards or banking particulars over the phone, by email, letter, fax, or any other means of communication. Call your credit card company or financial institution on your terms to verify/report any suspicious activity.

If you believe that someone is posing as a fraudster on the phone, hang up. Also, you can file a complaint through the Canadian Anti-Fraud Centre at 1-888-495-8501. If you are a victim of a fraud or scam, contact your local police agency.

Important Safety Tips to Remember:

  • Before giving money, ask questions. If the organization is legitimate, they welcome questions and will provide reasonable answers;
  • Never provide personal information through the internet or email;
  • Keep your passwords and PIN’s a secret;
  • Do not write down passwords or carry them with you;
  • Shred unwanted documents and make sure that your name and social insurance numbers are secure;
  • Ask a trusted friend/relative/neighbour to pick up your mail when you are away or ask that a hold be placed on delivery.

FRAUD…Recognize it …Report it …Stop it

LEARN MORE

If you suspect you may be the victim of fraud or have been tricked into giving personal or financial information, contact your local OPP detachment at 1-888-310-1122 or the (Link) Canadian Anti-Fraud Centre at 1-888-495-8501.

The Government of Canada Competition Bureau: aims to increase your awareness of the many types of fraud that target Canadians and offer some easy steps you can take to protect yourself and avoid falling victim to fraud.

Source;

Northern News

How to avoid insurance fraud

 Sonnet Insurance, Canada’s digital insurance company, combats home and auto insurance fraud daily using sophisticated predictive data models, AI tools and analytics, and ongoing monitoring of behavioural patterns. Now, Sonnet wants to empower Canadians to recognize and prevent potentially harmful scams. Home and auto insurance seller fraud is common in all regions of Canada, especially the GTA1, where victims who don’t understand the process for purchasing home and auto insurance are targeted.

“Sonnet is committed to making insurance easier for Canadians to understand,” said Roger Dunbar, SVP, Sonnet. “Fraud impacts all Canadians and especially those who don’t understand local insurance regulations, so we want to educate the public on seller fraud.”

Seller fraud takes place when insurance policies are being sold to customers by fraudulent actors. Unlike claims fraud(using fake accidents or reports to cash in on real insurance policies), seller fraud leaves its victims open to a high degree of personal risk. A fraudster will offer discounted insurance and take the victims’ money in return for home and auto insurance pink slips that are invalid or forged.

Legitimate insurance policies are sold in Canada through registered brokers, licensed insurance agents, and regulated direct-to-consumer insurance companies:

  • A legitimate broker or agent is an individual or firm that sells insurance policies to clients and has a license number from their provincial regulator
  • Direct-to-consumer insurance companies (like Sonnet) are federally regulated and licensed to sell insurance policies directly to the end customer

Sonnet is doing everything possible to protect consumers against fraud – from plain language policy documents to simplifying the online insurance experience – and wants to educate the public on how to identify scams. A few key indicators can help tip off potential victims of insurance fraud, saving them from losing thousands of dollars and failing to have proper insurance coverage in place when it counts. Two of the most common seller scams in Canada are ‘ghost brokers’ and ‘fake brokers’.

Ghost Brokers take money for insurance upfront, provide a pink slip showing proof of insurance then disappear, or ‘ghost’ the customer. Sometimes the slip is simply a forgery. Other times the fraudster will set up an actual policy, download the slip and give it to the victim, then cancel the policy without the knowledge of the victim. What this scam looks like:

A new Canadian sees an ad for cheap insurance rates online and agrees to meet the ghost broker in a coffee shop with cash to pay a full year’s premiums. The ghost broker exchanges the cash for an insurance slip and pockets the money. The victim thinks the coverage is real until an inspection or accident prompts a check – and the insurance policy, along with the ghost broker, can’t be found.

Fake Brokers have an actual physical address and may do some legitimate business, such as selling or financing cars. Fake brokers purchase an insurance policy with the name of the client to secure an insurance slip. However, the policy will include incorrect information such as unlisted high-risk drivers or the wrong address, to obtain more favourable rates. Policies can be cancelled and claims can be denied if information is misrepresented, which makes it hard for the consumer to get insurance coverage in the future. Some fake brokers make money by charging a ‘broker fee’, while others are trying to clear the path to sell a car. In contrast, a certified broker makes a commission from insurance companies and never charges consumers directly for services. What this scam looks like:

An individual with a bad driving record has been quoted a high premium and sees an ad offering cheap insurance to high-risk drivers. The driver visits the fake broker and pays a lower premium to the fake broker in return for an auto insurance slip. The driver gets into another accident and discovers that the insurance policy contains misrepresented information and their policy is cancelled or claims won’t be paid out. After paying for damages out of pocket, the driver is unable to get standard insurance and opts to give up driving.

“In Canada, auto insurance is mandatory and highly regulated by the government,” added Dunbar. “Generally, if a deal looks too good to be true, it probably is. That is because insurance rates are based on pooled risk – companies need to collect enough money to pay out claims in a given year.”

Victims are encouraged to report fraudulent activity. Reporting fraud helps stop repeat offenders and reduces insurance premiums for everyone. To report fraud, visit the Insurance Bureau of Canada website here: report fraud.

Regulatory bodies issue regular warning notices about suspected fraudsters and offer additional resources. Trusted websites are the best place to check on licenses and suspicious activity. Find your provincial regulator here: insurance regulators.

Canadians looking to better understand home and auto insurance can view answers to frequently asked questions at sonnet.ca/FAQs.

About Sonnet Insurance

Launched in 2016, Sonnet Insurance Company (Sonnet) is a federally regulated insurance company. Our mission is to provide Canadians with an easy, transparent, and customized way to buy home and auto insurance online. Experience the future of insurance at Sonnet.ca, and say hello on Twitter, Instagram, Facebook, and LinkedIn.

1 FSCO Survey, March 1, 2017 http://www.fsco.gov.on.ca/en/pubs/News-Releases/Pages/2017-mar1-fpm.aspx

SOURCE Sonnet Insurance Company

Mobile Phone Insurance Ecosystem Market Size | Incredible Possibilities

Source: All Times Tech

The research report presents a deep review of the Global Mobile Phone Insurance Ecosystem Market comprises of objectives analysis. The following segment centers around Mobile Phone Insurance Ecosystem market size, country-wise production revenue ($) and development rate estimation from 2019-2024.

The report additionally covers global Mobile Phone Insurance Ecosystem market share by industry players, product and applications. The report enables investors to evaluate the market, featuring the upcoming business opportunities, mindful of Mobile Phone Insurance Ecosystem industry news and arrangements by countries, technological development, limitations and difficulties in estimate years (2019-2024) and settle on a fundamental business decision.

Get Sample PDF of Report @ https://www.researchkraft.com/request-sample/973505

The key players covered in this study:

Allianz Insurance, AmTrust International Underwriters, Assurant, Asurion, Aviva, Brightstar Corporation, Geek Squad, GoCare Warranty Group, Apple, AIG

Market Segment by Type, the product can be Split into:

  • wireless carriers
  • insurance specialists
  • device OEMs
  • retailers

Market Segment by Application, Split into:

  • Physical Damage
  • Theft & Loss
  • Others

The Global Mobile Phone Insurance Ecosystem statistical surveying report studies the presence of the top to bottom market segments. The market is surveyed based on revenue (USD Million) and presents the significant players and providers affecting the market. Most of the Mobile Phone Insurance Ecosystem data, together with anticipated insights, is introduced in the report with the assistance of tables and figures and Mobile Phone Insurance Ecosystem introduction procedure causes the client to comprehend the market situation.

Get a discount on this research report @ https://www.researchkraft.com/check-discount/973505

Mobile Phone Insurance Ecosystem Market Regional Analysis Includes:

Americas, United States, Canada, Mexico, Brazil, APAC, China, Japan, Korea, Southeast Asia, India, Australia, Europe, Germany, France, UK, Italy, Russia, Spain, Middle East & Africa, Egypt, South Africa, Israel, Turkey, GCC Countries

The Mobile Phone Insurance Ecosystem report additionally forecasts global market growth, alongside characterization dependent on geographical conditions. The regions are delegated with information which is outfitted in the release of the global Mobile Phone Insurance Ecosystem market growth is consistently assembled from reliable industries for anticipating the advancement of each section.

Major Points Covered in Table of Contents:-

  1. Scope of the Report
  2. Executive Summary
  3. Global Mobile Phone Insurance Ecosystem Market by Players
  4. Mobile Phone Insurance Ecosystem Industry by Regions
  5. Americas
  6. APAC
  7. Europe
  8. Middle East and Africa
  9. Market Drivers, Challenges and Trends
  10. Marketing, Distributors and Customer
  11. Global Mobile Phone Insurance Ecosystem Market Forecast
  12. Key Players Analysis
  13. Research Findings and Conclusion

Cyber Insurance And D&O Liability

Last Updated: September 19 2019

Article by Deepshikha Dutt

Introduction

In the past decade, there have been several reports of cybersecurity attacks and data breaches to large corporations.1 In many cases, those affected by the breach want to hold the directors and officers accountable, as they feel the corporation failed to implement the proper security measures to prevent a breach from happening or did not effectively handle the aftermath of the breach. However, directors and officers generally enjoy limited personal liability subject to a few exceptions.2 Nevertheless, as more specific guidance emerges for directors and officers handling cybersecurity issues, the scope of this liability may widen.3 Thus, directors and officers should not take comfort in the substantial barriers that prevent them from being held liable for issues relating to the organization.4 In fact, despite these substantial barriers, shareholders continue to pursue derivative actions against directors and officers.

This article will discuss the scope of personal liability directors and officers face relating to cybersecurity breaches, and recent actions pursued against directors and officers in Canada and the US. Following the article, key takeaways will be provided.

Scope of liability

Cybersecurity poses a significant threat to directors and officers as cyber threats continue to emerge, and the rules and regulations that guide cybersecurity continue to evolve. Directors and officers may be held liable in the event of a cybersecurity attack if they are found to have breached their duty of care or have failed to comply with any disclosure requirements. Moreover, directors and officers can be personally liable where a company fails to comply with Canada’s Anti-Spam Legislation (CASL).5

Directors and officers have a duty to exercise reasonable care and diligence, both at common law6 and under corporate statutes.7 Failure to oversee the company’s cybersecurity measures adequately, before and after a breach occurs, could be considered a breach of this duty.8 Moreover, failure to comply with federal and provincial disclosure requirements after a breach could lead to liability for secondary market misrepresentation.9

Therefore, having an appropriate response or compliance plan, and effective security measures to protect the company against future cyber threats is essential. This will help support any claim by a director or officer that all requisite care and diligence was met, and all regulations were complied with.10

Lastly, directors and officers can be held personally liable and receive fines where the company has violated CASL. Penalties for non-compliance with CASL carries a maximum fine of CA$1 million for individuals and CA$10 million for organizations.11 Moreover, directors and officers can be vicariously liable for non-compliance of an organization even where the regulator, Canadian Radio-television and Telecommunications Commission (CRTC), does not pursue the organization. In fact, the CRTC has made a public statement that directors and officers cannot hide behind their company’s structure or online entities to avoid liability.

Derivative actions in Canada and the US

Currently, there have not been any attempts at a lawsuit against directors and officers in relation to cybersecurity in Canada.12 However, given the amount of derivatives actions commenced in the US, it is possible that it could give rise to such claims in Canada. The US has seen several derivative action suits against directors and officers relating to cybersecurity over the past few years.13 All but one have been unsuccessful, largely due to technical and procedural reasons. However, in January 2019, a derivative action lawsuit settled for US$29 million, compensating the plaintiffs significantly.14 This is the first time shareholders have been awarded monetary damages for a breach-related derivative lawsuit. This settlement could spark the beginning of successful derivative action lawsuits, and inspire others to pursue civil actions against directors and officers for cybersecurity breaches. Moreover, this settlement can be used as a benchmark for future civil actions to compare to when deciding on the amount to be awarded. Effectively, this settlement may not only effect civil actions in the US, but also allow derivative actions to gain traction in Canada.

Penalties for violation of Canada’s Anti-Spam Legislation

More recently, the CTRC has held directors and officers personally liable for a company’s violation of CASL. On April 23, 2019, the CTRC found that a coupon marketing company, nCrowd, had violated CASL, and found the former CEO of the company to be personally liable.15 As a result, he received a CA$100,000 fine. Further, a different company that was also part of this scheme with nCrowd, had also violated CASL, and CRTC held this company’s CEO vicariously liable for the violation. As a result, he received a fine of CA$10,000. Ultimately, liability under CASL can extend beyond the corporation if the person authorized, acquiesced or participated in the commission of the violation.

Key takeaways

  • Directors and officers should familiarize themselves with all regulatory guidelines to protect the company from a data breach and to avoid being personally liable for the breach;
  • D&O liability insurance does not always offer protection for cyber-related incidents or threats. It is important to confirm whether this is protected and the scope of protection provided. Not having proper protection could expose directors and officers to liability and significant payouts;
  • There have been no derivative action attempts relating to cybersecurity breaches in Canada, but given the current climate in the US, it is possible this will encourage such claims to occur in Canada; and
  • Directors and officers can be held either personally or vicariously liable for a company’s violation of CASL if that individual played some role in the commission of the violation.

Conclusion

Cybersecurity attacks and data breaches are inevitable and can happen to any organization, thus remaining a significant threat to corporate governance. While a cybersecurity attack is a crime, directors and officers may still be held liable for a breach if they failed to oversee the company’s security measures prior to the breach, or failed to take the necessary course of action after the breach occurred. Ultimately, boards of organizations must recognize the current cybersecurity environment that exists, and assemble a reasonable response plan to respond to these threats when and if they occur. Our final article will provide key takeaways and best practices for both insureds and insurers in relation to cybersecurity risks.

A special thank you to Emeleigh Moulton (summer student) for her assistance with this article.

About Dentons

Dentons is the world’s first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world’s largest law firm, Dentons’ global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

Calculating Damages In Representations And Warranties Cases

By

Mergers and acquisitions (“M&A“) can be a double-edged sword. When done right, M&A can allow acquirers to scale their businesses and create value through synergies. When done poorly, M&A can result in drastic overpayments for assets that are not nearly as valuable as believed and for economies of scale that are very difficult to achieve.

One of the main risks in M&A is information asymmetry: simply put, the vendor knows much more about its business than the acquirer. While the acquirer is able to perform due diligence, time pressures to close the deal mean that this process can sometimes be imperfect; issues are sometimes missed.  This is where Representations and Warranties (R&W) insurance can come into play. This brief article provides a brief overview of R&W insurance, and discusses some of the issues we have encountered as forensic accountants and business valuators in quantifying losses under this type of insurance coverage.

What is R&W Insurance?

R&W insurance provides indemnity for “losses” related to overpayment by the acquirer resulting from breaches of representations and warranties as set out in the purchase agreement for the acquisition.

These types of policies are becoming increasingly popular. One global broker recently reported a 30% increase in deals written in 2018 compared with the prior year. The average policy limit was equal to 15% of the total enterprise value of the deal (e.g. a deal for $100M would have a policy limit of $15M); while deductibles were generally set at 1% of enterprise value. The same publication also reported that premiums have been declining over the past two years, as more insurers enter this market. Another publication by a leading insurer in the space mentions that the frequency of claims has been roughly one claim for every five transactions.

Two types of mistakes

Based on our experience quantifying losses under R&W coverage, there are two main types of misrepresentations: one-time misrepresentations and long-term misrepresentations.

One-time misrepresentations

These types of misrepresentations generally relate to the balance sheet. M&A transactions typically will set a target level of “net working capital”, based on an overall understanding of the subject company. If issues with this calculation are discovered following the closing, the economic loss to the purchaser is generally equal to the amount of the misstatement.

Quantifying these types of issues involves first obtaining a detailed understanding of the components of the purchase price and ensuring that the alleged misrepresentations are not already factored into the price. For example, if the claim is that a large amount of inventory had to be written off following closing, one would need to make sure that the inventory balance included in the closing statements did not already consider a provision for obsolete inventory.

Long-term misrepresentations

Long-term misrepresentations will tend to involve the income statement. For instance, in one case we were recently involved in, the seller had represented to the purchaser that it was not subject to a particular type of property tax. This turned out to be incorrect, and as a result the purchaser was liable to pay this additional, unexpected amount every year for the foreseeable future. In that case, the loss to the purchaser is equal to the present value of the ongoing annual tax liabilities.

How does one value these sorts of long-term misrepresentations? One shorthand approach might be to simply apply the acquisition multiplier to the value of the annual misstatement. For instance, if the deal multiplier was 10 times the seller’s trailing EBITDA, and the value of a misrepresentation (such as the unreported property tax issue) is $1M per year, then one might reasonably conclude that the value of the misstatement is $10M.

This approach can be appropriate in some cases, but sometimes it can lead to incorrect results, when the cash flows associated with the misrepresentation in question have different characteristics (term, riskiness or growth forecast) than the acquired business as a whole. Consider the following example:

  • The business being sold has two divisions, Rapid Robotics and Flat Pancakes. After-tax cash flows last year were $10M ($5M for each division), and the business recently sold for $200M, or 20 times after-tax cash flows.
  • It was discovered that due to regulatory changes in the pancake market (which were known to the seller prior to the deal), Flat Pancakes will need to eliminate a particular product line that accounted for $1M in after-tax cash flows. The purchaser advances a claim for $20M, equal to the annual value of the misrepresentation of $1M times the acquisition multiplier of 20 times.
  • The problem with this approach is the 20x multiplier may actually consist of a multiple of 30 times cash flows for the Rapid Robotics division, and only 10 times cash flows for the Flat Pancakes division. The higher multiplier for Rapid Robotics would represent the value attributed by the purchaser to the anticipated growth in that division.
  • This means that the value of the $1M misrepresentation in the slow-growth Flat Pancakes division is only $10M, not $20M.

In order to perform a proper analysis of these longer-term misrepresentations, it is therefore generally very beneficial to obtain a copy of the valuation model used by the acquirer in the transaction in order to understand how the transaction multiplier was arrived at and to reverse engineer the impact of the particular misrepresentation on business value.

Closing

This article has only scratched the surface of the types of issues that, in our experience, can arise from post-acquisition M&A disputes. As M&A insurance becomes, in the words of one insurer, “the new normal”, we will no doubt have the opportunity to revisit this topic in future articles.

About Dentons

Dentons is the world’s first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world’s largest law firm, Dentons’ global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

Pacific Blue Cross forms national alliance with Blue Cross Life

BURNABY, BC, Sept. 16, 2019 /CNW/ – Blue Cross Life Insurance Company of Canada and Pacific Blue Cross will form an alliance, effective January 2, 2020, to bring together local service and insight, with national expertise and scale, to provide best products and services to British Columbians.

This nationally aligned Blue Cross alliance brings several new benefits that will help Pacific Blue Cross grow with advisors, plan sponsors and members. Enhancing its capabilities in underwriting, pricing, reserving, actuarial and medical underwriting allows Pacific Blue Cross to invest in more work and wellness solutions to improve health and wellbeing for British Columbians. Pacific Blue Cross will remain the primary contact for all sales, service and claims.

Pacific Blue Cross will continue to offer the products sold under its policies as a distributor for Blue Cross Life. Types of policies that are subject to the transaction are Group (Basic & Optional Life; Dependent Life; Accidental Death & Dismemberment; Optional Accidental Death & Dismemberment; Critical Illness; Long Term Disability; Short Term Disability) and Individual (Life; Accidental Death & Dismemberment; Critical Illness). Coverage for existing policyholders will continue within the current plan design.

“Pacific Blue Cross is excited to bring the benefits of a national carrier to our local expertise,” said John Crawford, President & CEO, Pacific Blue Cross. “This alliance with Blue Cross Life is a foundational building block towards improving health and wellbeing for British Columbians. We have created the ability to bring on new business with our trusted advisors while improving our value proposition to our clients and members.”

Canada’s Blue Cross plans have a long history of working together and leveraging individual strengths for mutual benefits. This milestone ensures Pacific Blue Cross is better-suited to meet the evolving benefit needs of its members, today and in the future.

“This alliance is a key milestone in our strategy to build a truly national scope; making our organization stronger and improving our ability to collaborate with other Blues Cross plans across Canada,” said Marie-Josée Martin, President & CEO, Blue Cross Life. “I look forward to working closely with Pacific Blue Cross as the newest shareholder and distributor of Blue Cross Life.”

As this alliance is subject to regulatory approval, submissions have been made to both OSFI and FICOM. The organizations are now working to advance implementation and integration activities.

About Pacific Blue Cross

Pacific Blue Cross is a Health Benefits Society and British Columbia’s number one health benefits provider. Based in Burnaby, BC, the not-for-profit organization provides health, dental, life, disability and travel coverage for 1 in 3 British Columbians through group benefits and individual plans. As part of its mission to improve health and wellbeing in BC, Pacific Blue Cross proactively supports charitable organizations across the province working to improve health outcomes.

About Blue Cross Life Insurance Company of Canada

Blue Cross Life is a federally-licensed company with operations located in several provinces.

The Company is owned by four Shareholders, operating as Alberta Blue Cross, Saskatchewan Blue Cross, Manitoba Blue Cross, and Medavie Blue Cross. It specializes in life insurance and disability income protection products to supplement the portfolio of health and dental products distributed by its Shareholder Blue Cross Plans.

SOURCE Pacific Blue Cross

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