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Everest Insurance Company of Canada - Personal Information Protection Policy


The privacy of Personal Information is an important part of the operations of Everest Insurance Company of Canada.  On January 1, 2004 the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) came into effect for provincially regulated organizations that collect, use and disclose Personal Information in the course of their commercial activities.  As would be expected from a responsible financial services provider, Everest Insurance Company of Canada has developed this Privacy Policy in respect of its collection, use and disclosure of Personal Information in the course of its commercial activities.

Everest Insurance Company of Canada collects Personal Information for underwriting and claims purposes.  Our corporate mission is the continuous improvement of meeting and satisfying our customer’s insurance needs.  To that end, Personal Information is collected for the following purposes:

To establish and maintain responsible commercial relations with customers, including insurance brokers with which it conducts business; 

  • to offer and provide insurance and related products and services
  • to communicate, develop, enhance, market and provide ongoing services to its customers
  • to answer complaints from individuals where applicable;  
  • to verify the identity and the accuracy of personal information with brokers, adjusters, government agencies, industry associations, or other insurers; 
  • to analyze, assess, underwrite and price insurance coverage on a prudent basis; 
  • to investigate and assess claims, liability and quantum of damages; 
  • to assess the value of an alleged injury to a claimant; 
  • to detect and prevent fraud
  • to act as required or authorized by law
  • to meet legal or regulatory requirements, including auditing requirements. 

The knowledge and consent of an individual are required for the collection, use and disclosure of Personal Information, except as provided by PIPEDA.  Consent can be either express or implied.

Consent means voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes.  Consent can be either express or implied.  Express consent is given explicitly, orally, electronically or in writing and will be requested when the information is sensitive.  Implied consent is consent that can reasonably be inferred from an individual’s action or inaction and will be accepted when the Personal Information is less sensitive.  For example, Everest may infer that it has your consent for the collection, use and disclosure of Personal Information for the specified purposes, when we provide you with insurance or amend existing policies by phone or Internet, on short notice or with limited documentation. Our producers are responsible for obtaining the consent of our customers with respect to the collection of such information and we, will infer such consent.  If a producer advises us that we have the customer’s consent to collect information, we will rely on that representation. Generally, and with certain exceptions, an individual’s knowledge and consent is required for the collection, use, or disclosure of Personal Information.

Personal Information means any information about an identifiable individual.  This includes but is not limited to:  name, home address, age, birth date, income, claims histories, employment information, tax information, medical and health information such as clinical notes and reports, financial information and Drivers’ License information.

When you purchase insurance from us, personal information may be collected in order that we may provide you with the insurance products that you have requested.  

Accountability

Everest Insurance Company of Canada is responsible for Personal Information in its possession or control and has designated a person who is accountable for Everest’s compliance.

Responsibility for compliance with Everest’s Privacy Policy rests with the Chief Privacy Officer.  The Chief Privacy Officer may be reached by contacting Lynn Der, Chief Privacy Officer c/o Everest Insurance Company of Canada, The Exchange Tower, 130 King Street West, Suite 2620, Toronto, Ontario M5X 1C7.  Other employees within Everest may act on behalf of the Chief Privacy Officer regarding the day-to-day collection and processing of Personal Information.

How We Collect and Use Personal Information

As Everest Insurance Company of Canada deals directly with insurance producers, much of the personal information collected during the underwriting process is provided to us by our insurance producers who are responsible for obtaining the direct consent of our customers to collect personal information that might be required in order for us to provide the insurance product or service requested. We will infer such consent as or when appropriate.  We may also obtain personal information from various other third party sources as part of the process, such as adjusting firms that we retain to handle and investigate a claim, other insurance companies, or other industry sources.  For claims purposes, personal information may be obtained from brokers, adjusters, medical practitioners, our solicitors, claimants’ solicitors during the course of litigation and private investigators.  This list is not exhaustive.   

In addition, personal information may be disclosed to:

  • Your agent or broker
  • Parties who perform a business, professional or insurance function for Everest Insurance Company of Canada, including affiliated companies, agents, services providers and reinsurers.
  • Third parties such as our adjusters or solicitors, appraisers, medical practitioners, auditors, private investigators, accountants, and lawyers who need the information to investigate, defend or settle a claim involving your insurance.
  • Other insurance or reinsurance companies or agents as reasonably necessary in connection with any application, insurance policy or claim involving you.
  • Law enforcement or other governmental authorities to protect our legal interests, and to authorized persons as ordered by subpoena, warrant or other court order, or as required by law.
  • Data processing and insurance regulatory agencies in connection with regulating and reporting of our business.

Upon such disclosure of any Personal Information, the disclosure is subject to privacy and confidentiality requirements and agreements as necessary. This information is retained as long as your file is active and required for business and legal purposes.

Everest shall limit the collection of Personal Information to that which is necessary for the purposes stated herein. We assume your consent for our company to use this information in an appropriate manner. Personal Information will only be collected through fair and lawful means and such information is used and disclosed only to the extent required to fulfil the purposes stated herein, except with the consent of the individual or as provided by PIPEDA.

Refusing or Withdrawing Consent

Individuals may refuse or withdraw consent to Everest’s collection, use or disclosure of their Personal Information by contacting Everest Insurance Company of Canada’s Chief Privacy Officer at the address above, unless PIPEDA requires otherwise. If you wish to withdraw consent at any time, we would ask that you provide us with reasonable notice.

If an individual refuses to provide certain information or withdraws his or her consent, Everest may not be able to provide some of its products and services.

Withdrawal of your consent may limit our ability to provide you with the requested product or service.

Accuracy

Everest will employ reasonable measures to ensure that the Personal Information we have about individuals is accurate, complete and as up-to-date as necessary for the identified purpose(s). We will amend Personal Information that is inaccurate or incomplete.

Appropriate Safeguards

We have in place appropriate security measures to protect against the unauthorized collection, loss, misuse or alteration of information we retain on file appropriate to the sensitivity of the information, including the following:

  1. Only authorized personnel on a "need-to-know" basis have access to Personal Information.
  2. Electronic data is protected by passwords and encryption and is only accessible to authorized personnel.

We will continue to enhance security procedures to safeguard and protect Personal Information. However, please remember that no security measures are entirely foolproof, especially in respect of Internet or email communications. We do not sell customer information to anyone and do not share any customer information with any organizations outside of our associated companies other than the aforementioned entities.

Access to Personal Information

Everest will inform an individual of the existence, use and disclosure of his or her Personal Information upon request and give the individual access to that information, except where this is not required under PIPEDA. An individual may be able to challenge the accuracy and completeness of that information and have it amended as appropriate. Individuals who have any questions about this privacy policy or the collection, use or disclosure of their Personal Information may contact Everest at the address noted below. Please note that Individuals may be asked to confirm their identity and be directed to send us requests in writing.

In accordance with PIPEDA, we may not be required to provide access to an individual’s personal information in any of the following circumstances:

  • If doing so would likely reveal personal information about a third party;
  • If the information is subject to solicitor-client privilege;
  • If revealing the information would reveal confidential commercial information;
  • If revealing the information could affect the security of another person;
  • If the information relates to the actual or suspected breach of an insurance policy or other agreement or the breach of Canadian law; or
  • If the information was generated in the course of a formal dispute resolution process.

Challenging Compliance

Upon receipt of a complaint or inquiry from an individual concerning the collection, use or disclosure of their Personal Information, Everest will respond in a timely manner and will review all such complaints or inquiries. If the complaint is valid, Everest will take appropriate measures to resolve the complaint, including, if necessary, amending its policies and procedures.

Everest will make readily available specific information about its policies and practices relating to the management of Personal Information and will review its privacy policies on a regular basis.

How to Contact Us

Privacy and Complaints:
For more information, to file a complaint or for an individual to make inquiries about his or her Personal Information, please contact Lynn Der, Everest’s Chief Privacy and Complaints Officer at the following contact information:

Address: Lynn Der
  Chief Privacy and Complaints Officer
  Everest Insurance Company of Canada
  The Exchange Tower
  130 King Street West, Suite 2620
  Toronto, Ontario
  M5X 1C7
   
Telephone No: 416-487-3900
Email Address: consumercomplaints@everestcanada.com