Article by Jason Contant, Canadian Underwriter
With the upcoming legalization of edibles containing cannabis this October, Canadian claims adjusters may see more indirect injury loss and damage claims, suggests a lawyer with Field Law in Calgary.
Compared to regular smoked marijuana, edibles have a more delayed and prolonged reaction, meaning the ability to predict impairment will create an additional challenge for adjusters.
On the auto and injury side, a claimant “might be wanting to argue some kind of contributory negligence if the other party was impaired, even though maybe they didn’t cause the accident per se,” said Erika Carrasco, a partner at Field Law who leads the firm’s emerging technology team. “Those are some of the additional quandaries we are going to face with respect to edibles and how they might cause or contribute to injury loss and damage under certain policies.
“Once a claim arises, how do you assess something when you don’t even know it may even be at play in the circumstances?” Carrasco asked.
She spoke to Canadian Underwriter last week about cannabis coverage issues. In late January, Carrasco was one of the presenters from Field Law at the Insurance Institute of Canada’s Impact of Cannabis on the Insurance Industry seminar.