I have read the article "Disjointed – A Look at Joint
and Several Liability" published in the Q2-2014 MSA Quarterly
Outlook Report. The author is the "Insurance Bureau of
Canada", but no single author takes "credit" for the
article. The article continues on what I see as a repeating theme
from the insurance industry to push ill-considered reforms aimed at
issues primarily of concern to the insurance industry, without due
regard to the wider public interest or to the longer term
consequences. With this article, the IBC continues to look for
reform in all the wrong places.
With due respect to the IBC, the article fails to articulate a
sustainable principle for its proposed reforms; shows a fundamental
misunderstanding of the rule and its rationale; lacks data in
support of its position; and, neglects important policy issues that
demand that the rule be maintained.
