ISAACS & CO. Marc Isaacs Arie Odinocki

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "ISAACS & CO. Marc Isaacs Arie Odinocki"

Transcription

1 ISAACS & CO. Marc Isaacs Arie Odinocki

2 Accident Benefit Issues Priority Disputes Loss Transfer

3 Priority Disputes

4 Purpose of the Accident Benefits Scheme To ensure that anyone involved in a motor vehicle accident can receive benefits, including: occupant of a vehicle involved in an accident non occupant (pedestrian or cyclist)

5 Priority of Benefits A claimant can be insured under more than one policy of insurance. A priority dispute may arise between insurers as to which company should administer and pay Accident Benefits.

6 Example: John owns a car and insures it with ABC Insurance. Mary owns a car and insures it with XYZ Insurance. John is a passenger in Mary s car which is involved in an accident. John is injured and applies for Accident Benefits. Which insurer is ulomately responsible to pay? The answer is determined by examining the priority rules.

7 DefiniOons A person can be: a named insured, or an insured, or a deemed named insured.

8 Named Insured A person is specifically named in an automobile policy of insurance. He or she is the holder of the policy.

9 Insured Insurance Act A person insured by a contract, whether named or not, and includes every person who is enotled to receive Statutory Accident Benefits under the contract whether or not that person is described in the contract as an insured person.

10 Insured Person Accident Benefits Schedule The named insured Any person specified in the policy as a driver of the insured automobile The spouse of the named insured Any dependant of the named insured or spouse For accidents in Ontario, a person who is involved in an accident involving the insured automobile For accidents outside Ontario, a person who is an occupant of an insured vehicle and a resident of Ontario or was a resident during the 60 days before the accident.

11 Deemed Named Insured A person is a deemed named insured under a policy of automobile insurance if: the insured automobile is being made available for the individual s regular use by a business; or the insured automobile is being rented by the individual for a period of more than 30 days (this applies only if the person is ordinarily a resident of Ontario).

12 Made available This concept is significant in cases of independent owner operator arrangements vs. fleet vehicles (i.e. trucking firms) While the vehicle may appear to be owned by a large trucking company, the driver s company is the actual owner of the vehicle which he makes available to the trucking company. The trucking company does not make the vehicle available to the driver and his company. In this case, the driver would not be a deemed named insured.

13 Regular use The individual regularly uses a described automobile in a normal, habitual and long standing manner and in a predictable Ome and manner. The individual does not need to have a personal use component. Common indicia that will be considered: DuraOon and pa^ern of use. Exclusivity of use. Whether the individual requires permission to use the vehicle on each occasion. Whether the individual is permi^ed to take the vehicle home.

14 More definioons Spouse two persons who are married to each other; have lived in a common law relaoonship for not less than 3 years; are in a relaoonship of some permanence if they are natural or adopove parents of a child.

15 DefiniOons Dependant For the purpose of the SABS, a person is a dependant of another person if the person is principally dependent for financial support or care on the other person or on the other person s spouse.

16 DefiniOons Occupant the driver a passenger in or on a vehicle a person gebng into or out of a vehicle

17 First to Receive Must Pay The first insurer to receive a completed applicaoon for accident benefits is obligated to pay statutory accident benefits to the insured unol there is an order relieving it of its obligaoon to pay benefits. This is to ensure that the claimant is paid benefits promptly and is not lec waiong for the insurers to decide which insurer is to respond.

18 Sufficient nexus There must be a sufficient nexus between the claimant and the insurer to create a duty to respond to a claim for Accident Benefits. Where an insurance company licensed to write business in Ontario receives a completed applicaoon form under a parocular policy which the claimant states was in force at the Ome of the accident, the insurer must respond.

19 Sufficient nexus A court held that even though a policy of insurance had lapsed 4 months prior to the accident, there was a sufficient nexus between the claimant and the company to provide for immediate payment of benefits. This insurer may not ulomately be liable under the priority dispute rules, but was required to pay interim benefits unol this dispute is resolved.

20 Sufficient nexus If the insurer does not comply with its obligaoons to pay benefits under this regulaoon, it risks exposing itself to a bad faith claim.

21 Priority Rules SecOon 268(2) of the Insurance Act sets out the priority rules to be applied to determine which insurer is liable to pay Statutory Accident Benefits.

22 Priority Rules For occupants of a motor vehicle involved in an accident: 1. The occupant of a motor vehicle has recourse against the insurer of an automobile in respect of which the occupant is an insured.

23 Priority Rules 2. If recovery is unavailable under (1), the occupant has recourse against the insurer of the automobile in which she was an occupant.

24 Priority Rules 3. If recovery is unavailable under (1) or (2), the occupant has recourse against the insurer of any automobile involved in the accident from which the enotlement to Statutory Accident Benefits arose. For example, if the individual is occupant in an uninsured vehicle, she can claim against a third party vehicle.

25 Priority Rules 4. If recovery is unavailable under (1), (2), or (3), the occupant may recover from the Motor Vehicle Accident Claims Fund. The Court of Appeal has ruled that the fund is an insurer.

26 Priority Rules The same set of rules applies to persons other than occupants of a vehicle involved in a motor vehicle accident (pedestrians, bicyclists), except that for subsecoon (2), the non occupant may claim against the insurer of the car which hit him (rather than the insurer of the car in which he was an occupant).

27 Which Insurer Responds? If a person has recourse against more than one insurer for the payment of SABS under subsecoons (1 insured) and (3 any other vehicle), that person in his or her absolute discreoon may decide the insurer from which he or she can claim benefits.

28 Which Insurer Responds? However, if a person is a named insured under a motor vehicle policy or the person is the spouse or a dependant of the named insured, that person shall claim accident benefits against the insurer under that policy. If more than one insurer fits this category (individual has more than one insurance policy on different cars or a motorcycle), that person may decide, in her discreoon, the insurer from which she will claim benefits. However, if the person at the Ome of the accident was an occupant of an automobile in respect of which she is the named insured (or spouse or dependant of the named insured), the person shall claim benefits against the insurer of the vehicle in which she was the occupant.

29 Which Insurer Responds? This is where the issue of deemed named insured commonly arises.

30 How Does an Insurer Dispute Priority? If the first insurer believes that another insurer is higher in priority to pay benefits under the rules, the first insurer must put the other insurer on nooce of the priority dispute.

31 How Does an Insurer Dispute Priority? The insurer must also noofy the insured of the priority dispute. An insured has 14 days thereacer to object to the transfer of the claim. If the insured objects, he or she is enotled to parocipate in the priority dispute arbitraoon as a party. If the insured chooses not to parocipate, then he or she is no longer enotled to nooce of any further steps in the proceeding and will be bound by the arbitrator s decision.

32 Time Limit to Provide NoOce of Dispute No insurer may dispute its obligaoon to pay Accident Benefits unless it gives wri^en nooce within 90 days of receipt of a completed ApplicaOon for Accident Benefits to every insurer who it claims is required to pay.

33 The first insurer need not determine with certainty that another insurer is liable before pubng the second insurer on nooce. If the first insurer has determined that another insurer may have priority, it must give nooce.

34 Duty to invesogate promptly Unless nooce is given within 90 days, the first insurer is obliged to cononue to adjust and pay the accident benefits claim. The 90 day period may be extended if: 90 days was insufficient to determine if another insurer has priority; and the insurer made reasonable invesogaoons to determine if another insurer was liable within the 90 day period. An insurer must saosfy both of these requirements in order to extend the 90 day nooce period (Axa v. Co operators, May 1, 2000 Arbitrator Jay Rudolph).

35 An insurer will not be held to a standard of perfecoon in invesogaong whether another insurer has priority, but insurers will be held to a high standard and are expected to conduct a thorough invesogaoon (Federated Insurance of Canada v. CGU, September 2, 2003 Arbitrator Stephen Malach).

36 However, it is unlikely that a deadline will be extended. Courts have held that insurers are sophisocated enooes and there is need for consistency in the rules. Insurers are enotled to rely upon the precise requirements of the AB scheme.

37 Where the first insurer believes that it is the wrong insurer and that the insured person is not enotled to benefits, it must respond to the claim on two separate fronts: by issuing the nooce to the insurer it believes responsible under s. 268, and by following the procedures for denying a claim through the normal dispute resoluoon mechanism at the Commission.

38 Duty to InvesOgate Thoroughly Insurers should verify all informaoon given to them by claimants and their family members. When assisong the claimant to complete the ApplicaOon for Accident Benefits, great care should taken to ensure that it is completed accurately.

39 Duty to InvesOgate Thoroughly Insurers should verify all informaoon given to them by claimants and their family members. When assisong the claimant to complete the ApplicaOon for Accident Benefits, great care should taken to ensure that it is completed accurately.

40 PotenOal problem areas Is the claimant a spouse (may be a named insured under another policy). Is the claimant a dependant (get employment informaoon, receipt of benefits from other sources, informaoon on relaoonships between persons in the household). Is the claimant a dependant of someone who has a spouse? Was the claimant driving his employer s car? Is the claimant in their teens or early 20 s (dependency quesoons, parocularly relaong to place of residence). Was the claimant in a rental vehicle? Was the claimant on public transit? Was the claimant a pedestrian? Is there any missing informaoon on the ApplicaOon for Accident Benefits?

41 Steps to Commence a Priority Dispute ArbitraOon If insurers are unable to resolve the priority dispute, the first insurer must inioate the arbitraoon within one year of the date that the first benefit payment was made. If not commenced within one year, the first insurer must cononue to adjust and pay the claim.

42 Steps to Commence a Priority Dispute ArbitraOon Disputes between insurers are to be resolved through private arbitraoon and not at FSCO. The arbitrator is agreed to by the insurers. Usually it is a senior lawyer familiar with the Accident Benefits scheme or a reored judge.

43 Steps to Commence a Priority Dispute ArbitraOon An arbitraoon is commenced by serving a nooce to the other insurer demanding that the dispute be resolved in accordance with RegulaBon 283/95 and requesong that the other insurer parocipate in the appointment of an Arbitrator. AlternaOvely, counsel may apply to the court for the appointment of an arbitrator.

44 Steps to Commence a Priority Dispute ArbitraOon If an insured person has given nooce that he or she objects to the transfer of the claim, the insured person, or his or her representaove, may take part in the arbitraoon of the dispute.

45 Items Recoverable in a Priority Dispute Priority determinaoon involves an actual shic in the administraoon and payment of the benefits from one insurer to the other. RegulaBon 283/95 is silent as to the recovery of these expenses.

46 Items Recoverable in a Priority Dispute There are conflicong decisions with respect to the ability of the insurer to recover expenses for handling and processing the claim. In Certas v. Allstate (November 10, 2004 Arbitrator Stephen Malach) the Arbitrator held that expenses for handling of the claim including office administraoon, disbursements, invesogaoon, surveillance, insurer examinaoons, adjusong expenses etc. are not recoverable.

47 Items Recoverable in a Priority Dispute However, in Wawanesa v. Kingsway (April 2005 Arbitrator Guy Jones) the Arbitrator held that expenses such as IMEs, DACs and surveillance should be reimbursed because otherwise, there would be a disincenove for the adjusong firm to spend money properly adjusong the file if they were not going to be reimbursed for these costs and there would be a disincenove for the proper insurer to take over the case before such expenses had been incurred.

48 Example John owns a car and insures it with ABC Insurance. Mary owns a car and insures it with XYZ Insurance. John is a passenger in Mary s car which is involved in an accident. John is injured and applies for Accident Benefits. Which insurer is ulomately responsible to pay?

49 LOSS TRANSFER

50 Basics of Loss Transfer What is Loss Transfer? Introduced in Allows insurers to recover AB payments from the insurers of at fault vehicles. ExcepOon to the no fault rule of ABs. The purpose is to transfer ABs to higher risk vehicles. There are two specific scenarios where it applies:

51 Scenario #1 Basics of Loss Transfer The insurer of a motorcycle or a motorized snow vehicle is enotled to Loss Transfer from the insurer of another vehicle that is partly or fully at fault and is not a motorcycle, motorized snow vehicle or an off road vehicle. Can apply even if the motorcycle/motorized snow vehicle is not involved (depending on the vehicles insured under the policy).

52 Basics of Loss Transfer Scenario #2 The insurer of an automobile that is not a heavy commercial vehicle is enotled to Loss Transfer from the insurer of a heavy commercial vehicle that is partly or fully at fault. Must fit the definioon of a heavy commercial vehicle.

53 Basics of Loss Transfer Other important points SomeOmes referred to as a Request for IndemnificaOon. Meaning of first party insurer and second party insurer. Based on the insurance policy from which ABs are being paid.

54 Basics of Loss Transfer Amount of IndemnificaOon Depends on degree of fault. Fault DeterminaOon Rules set out predetermined degrees of fault for different types of accidents. Weather, road condioons and other factors not relevant (usually)

55 Relevant LegislaOon S.275 of the Insurance Act The insurer paying ABs can claim re imbursement from the insurer of an at fault vehicle (when certain types of vehicles involved). RegulaOon 664 to the Insurance Act Sets out the types of vehicles that have to be involved.

56 Relevant LegislaOon RegulaOon 668 to the Insurance Act These are the Fault DeterminaOon Rules. Set out various accident scenarios and list the degrees of fault. No reference to circumstances (weather condioons, road condioons, etc.). If more than one rule applies, the rule that a^ributes the least degree of fault to the insured is to be used. If accident not described in the rules, refer to ordinary rules of law. If first party insured driver is charged, refer to ordinary rules of law. Various accident scenarios are described with diagrams.

57 DeducOble There is a $2,000 deducoble for Loss Transfer.

58 What Can and Cannot be Claimed What can be claimed All AB payments made. Interest on payments. Cost of ArbitraOons. DAC assessments (Liberty Mutual v. Zurich, August 2005 Arbitrator Guy Jones). What cannot be claimed Interest on overdue AB payments. Special awards and puniove damages. Claims related expenses (administraove costs etc.) (Allstate v. AXA, May 7, 1999 Arbitrator Bruce Robinson). Medical examinaoons (State Farm v. ING, February 16, 2005 Arbitrator Craig Brown).

59 Payment Issues Payments from the second party insurer to the first party insurer to be made on an ongoing basis (when invoiced by the first party insurer). Second party insurer not enotled to withhold payment to first party insurer unol claim closed. The first party insurer does not transfer the claim handling to the second party insurer.

60 Does Loss Transfer apply to Non Ontario Accidents? If both the first party and second party insurance policies issued in Ontario, loss transfer applies (Royal v. Wawanesa, Ontario Superior Court of JusOce, December 21, 2006). If the second party insurer does not conduct business in Ontario, loss transfer does not apply (Unifund Assurance Co. v. Insurance Corp. of BriBsh Columbia, Supreme Court of Canada, July 17, 2003).

61 EXTRA PROVINCIAL LOSS TRANSFER An ocen overlooked source of loss transfer is with respect to extra provincial insurers. An insurer from outside of Ontario will be required to treat its policy as an Ontario policy, with all consequent statutory accident benefits, provided that it has filed a Power of A^orney and Undertaking ( PAU ) at the Canadian Council of Insurance Regulators and/or is licensed to write automobile insurance in Ontario (PoSs v. Gluckstein (1992), 8 O.R. (3d) 556 (Ont. C.A.)).

62 EXTRA PROVINCIAL LOSS TRANSFER By signing a PAU, the foreign insurer subjects itself to the Ontario loss transfer provisions (I.C.B.C. v. Royal Insurance [1999] O.J. No (Ont. C.A.)). AddiOonally secoon of the Insurance Act states that an insurer that issues motor vehicle liability policies in another province or territory of Canada, the United States, or a jurisdicoon designated in the Schedule may file an undertaking with the Ontario Superintendent of Insurance providing that the insurer s motor vehicle liability policies will provide at least the coverage provided in the Schedule.

63 Forms NoOfy the second party insurer via the NoBficaBon of Loss Transfer form. Request indemnificaoon on ongoing basis via the Request for IndemnificaBon form. List the applicable Fault DeterminaOon Rule.

64 Second Party Insurer EnOtlement to InformaOon The second party insurer is enotled to: The NoBficaBon of Loss Transfer form and the Request for IndemnificaBon forms. A summary of ABs paid. InformaOon confirming AB payments. Basic informaoon about the claimant. Relevant medical informaoon.

65 What Happens When There is a Dispute? Dispute over the claimant s enotlement to ABs Second party insurer is not enotled to intervene in AB payments by first party insurer to the claimant. Either insurer can refer disputes to an ArbitraOon. First party insurer is presumed to be acong reasonably (Jevco Insurance v. Guardian Insurance, August 28, 2000 Arbitrator Malach. Upheld on appeal by the Ontario Superior Court of JusOce, November 20, 2000). Onus to prove AB payments were unreasonable is on the second party insurer.

66 What Happens When There is a Dispute? Disputes typically involve disagreement over the applicable Fault DeterminaOon Rule. Either insurer can refer to Private ArbitraOon. The decision of an Arbitrator can be appealed to the Superior Court of JusOce only on a quesoon of law, or as otherwise agreed by the paroes. A further appeal lies to the Court of Appeal with leave of that Court. Most loss transfer decisions are rarely appealed due to the very specific and comprehensive set of fault determinaoon rules.

67 LimitaOon Period What is the limitaoon period? Case law originally set out a 6 year limitaoon (old LimitaBons Act). Now 2 years effecove January 1, 2004 (new LimitaBons Act, 2002). The limitaoon period begins from the first payment by the first party insurer to claimant (Jevco v. Guardian, February 6, 2000 Arbitrator Stephen Malach. Affirmed on appeal to the Superior Court of JusOce, November 20, 2002). A new limitaoon period arises with each subsequent payment. (State Farm v. Dominion, Court of Appeal, December 22, 2005) The first party insurer should request loss transfer funds from the second party insurer as soon as statutory accident benefit payments are made.

68 LimitaOon Period Must commence ArbitraOon (Loss Transfer nooce is not sufficient). Generally, an ArbitraOon will be held to have commenced once the first party insurer delivers to the second party insurer either an agreement in wriong by both paroes to arbitrate, a wri^en agreement to appoint an arbitrator, an applicaoon to the Superior Court of JusOce to appoint an arbitrator, or a nooce to arbitrate.

69 LimitaOon Period Single limitaoon period or rolling limitaoon period? The latest case law = Rolling LimitaOon Period (State Farm v. Dominion, December 22, 2005 Ont.C.A.). A rolling limitaoon period means that every payment made by the first party insurer to the claimant (for which indemnificaoon can be claimed) creates the start of a new limitaoon period with respect to that payment. Previously, the Courts have held that there was a single limitaoon period, so that the first payment made by the first party insurer to the claimant started the limitaoon period with respect to the enore AB claim (i.e. any and all future AB payments).

70 Checklist Determine if there is a heavy commercial vehicle, motorcycle or motorized snow vehicle involved in the accident and assess whether Loss Transfer applies. Refer to the Fault DeterminaOon Rules. Submit a NoBficaBon of Loss Transfer form and submit ongoing Request for IndemnificaBon forms. Remember to apply the $2,000 deducoble. Keep track of the rolling 2 year limitaoon period for ArbitraOng.

71 Example Scenario Facts Vehicle A (an 18 wheeler tractor trailer) rearends Vehicle B (a passenger car) while both vehicles are moving in a forward direcoon. The driver of Vehicle B is injured and receives ABs from the insurer of his passenger car. The insurer of Vehicle B is the appropriate payor of ABs to the driver of Vehicle B.

72 Example Scenario Loss Transfer analysis Vehicle A is a heavy commercial vehicle. Vehicle B is not a heavy commercial vehicle. The Fault DeterminaOon Rules state at secoon 6(2) that where a vehicle is struck from the rear where that vehicle is stopped or travelling in a forward direcoon, the striking vehicle is 100% at fault. The insurer of Vehicle B can therefore claim Loss Transfer from the insurer of Vehicle A for 100% of AB payments made to the driver of Vehicle B (minus the $2,000 deducoble).

73 Thank you

SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES. Thomasina Dumonceau Blaney McMurtry LLP 416.593.2999 tdumonceau@blaney.

SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES. Thomasina Dumonceau Blaney McMurtry LLP 416.593.2999 tdumonceau@blaney. SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES Thomasina Dumonceau Blaney McMurtry LLP 416.593.2999 tdumonceau@blaney.com SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES This paper

More information

IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. 1.8, AS AMENDED AND REGULATION 283/95 MADE UNDER THE INSURANCE ACT

IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. 1.8, AS AMENDED AND REGULATION 283/95 MADE UNDER THE INSURANCE ACT IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. 1.8, AS AMENDED AND REGULATION 283/95 MADE UNDER THE INSURANCE ACT AND IN THE MATTER OF THE ARBITRATION ACT S.O. 1991, c. 17 AND IN THE MATTER OF AN

More information

DECISION WITH RESPECT TO PRELIMINARY ISSUE

DECISION WITH RESPECT TO PRELIMINARY ISSUE IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990 c. I.8, as amended AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17, as amended BETWEEN: AND IN THE MATTER OF AN ARBITRATION WAWANESA MUTUAL INSURANCE

More information

COURT OF APPEAL FOR ONTARIO

COURT OF APPEAL FOR ONTARIO CITATION: Allstate Insurance Company of Canada v. Motor Vehicle Accident Claims Fund, 2007 ONCA 61 DATE: 20070131 DOCKET: C45063 COURT OF APPEAL FOR ONTARIO LASKIN, SIMMONS, GILLESE and MacFARLAND JJ.A.

More information

IN THE MATTER of a dispute between The Dominion of Canada General Insurance Company and

IN THE MATTER of a dispute between The Dominion of Canada General Insurance Company and IN THE MATTER of a dispute between The Dominion of Canada General Insurance Company and Zurich Canada, pursuant to Regulation 283/95 under the Ontario Insurance Act, R.S.O. 1990, chapter I.8 as amended;

More information

3006-001_ed02E. Ontario accident benefits

3006-001_ed02E. Ontario accident benefits 3006-001_ed02E Ontario accident benefits TM Trademark used under licence from Northbridge Financial Corporation. All rights reserved. No part of this publication may be reproduced, stored in retrieval

More information

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668.

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION BETWEEN: STATE

More information

COURT OF APPEAL FOR ONTARIO

COURT OF APPEAL FOR ONTARIO COURT OF APPEAL FOR ONTARIO CITATION: Zurich Insurance Company v. Chubb Insurance Company of Canada, 2014 ONCA 400 DATE: 20140515 DOCKET: C57553 BETWEEN Juriansz, Pepall and Pardu JJ.A. Zurich Insurance

More information

PIP Coverage and Disputes

PIP Coverage and Disputes PIP Coverage and Disputes September 23, 2011 Oregon State Bar CLE Thomas D Amore Billy Sime D Amore Law Group, P.C. Parks Bauer Sime Winkler & Fernety 4230 Galewood Street, Suite 200 570 Liberty Street

More information

OREGON LAWS 2015 Chap. 5 CHAPTER 5

OREGON LAWS 2015 Chap. 5 CHAPTER 5 CHAPTER 5 AN ACT SB 411 Relating to personal injury protection benefits; creating new provisions; and amending ORS 742.500, 742.502, 742.504, 742.506, 742.524 and 742.544. Be It Enacted by the People of

More information

The unidentified vehicle is a vehicle whose driver or owner cannot be determined.

The unidentified vehicle is a vehicle whose driver or owner cannot be determined. UNIDENTIFIED MOTORIST CLAIMS IN ONTARIO AN OVERVIEW Written Materials by: Elizabeth Iwata, Associate McCague Borlack LLP Presentation by: Elizabeth Iwata Unidentified motorist claims are, at times, challenging

More information

More than you bargained for -

More than you bargained for - More than you bargained for - The effect of British Columbia s Universal Automobile Insurance on American, and other out-of-province, Insurance Policies 1. INTRODUCTION When motorists venture into the

More information

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps)

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps) LC 0 Regular Session // (TSB/ps) D R A F T SUMMARY Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that

More information

DECISION WITH RESPECT TO PRELIMINARY ISSUE

DECISION WITH RESPECT TO PRELIMINARY ISSUE IN THE MATTER of the Insurance Act, R.S.O. 1990, c. I.8, as amended, section 275; AND IN THE MATTER of the Arbitration Act, S.O. 1991, c. 17; AND IN THE MATTER of an arbitration; B E T W E E N : JEVCO

More information

FLORIDA PERSONAL INJURY PROTECTION

FLORIDA PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,

More information

With regard to the coverage issue 1 : With regard to the stacking issue 2 :

With regard to the coverage issue 1 : With regard to the stacking issue 2 : 37 Fla. L. Weekly D1140c Insurance -- Uninsured motorist -- Coverage -- Stacking -- Action against UM insurer by insured policyholder who was injured in single-car accident while riding as passenger in

More information

Carefree. Travel ANYWHERE IN THE WORLD

Carefree. Travel ANYWHERE IN THE WORLD Carefree Travel ANYWHERE IN THE WORLD Information contained in this document is of an indicative nature only and does not bind the Société de l assurance automobile du Québec. Legal deposit Bibliothèque

More information

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you

More information

OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION

OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION We agree with you, subject to all the terms of this endorsement and to all of the terms of the policy unless modified

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

DECISION ON A PRELIMINARY ISSUE

DECISION ON A PRELIMINARY ISSUE Financial Services Commission of Ontario Commission des services financiers de l Ontario BETWEEN: ALANA BRAY Applicant and ING INSURANCE COMPANY OF CANADA Insurer DECISION ON A PRELIMINARY ISSUE Before:

More information

CITATION: Economical Mutual Insurance Company v. Northbridge Commercial Insurance Company, 2016 ONSC 458 COURT FILE NO.: CV-15-535474 DATE: 20160121

CITATION: Economical Mutual Insurance Company v. Northbridge Commercial Insurance Company, 2016 ONSC 458 COURT FILE NO.: CV-15-535474 DATE: 20160121 CITATION: Economical Mutual Insurance Company v. Northbridge Commercial Insurance Company, 2016 ONSC 458 COURT FILE NO.: CV-15-535474 DATE: 20160121 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ECONOMICAL

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF

More information

TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles

TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles Insurance Department Sec. 38a-334 page 1 (10-00) TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles Required areas of coverage.... 38a-334-1 Definitions....

More information

Ontario Automobile Policy (OAP 1)

Ontario Automobile Policy (OAP 1) Ontario Automobile Policy (OAP 1) Owner's Policy Approved by the Superintendent of Financial Services for use as the standard Owner's Policy on or after January 1, 2001. About This Policy This is your

More information

PIP BENEFITS AND DISQUALIFICATION INVOLVING NON-MICHIGAN RESIDENTS IN MICHIGAN WRECKS UNDER 3102, 3113(b), and 3163. 2010 MAJ No-Fault Institute V

PIP BENEFITS AND DISQUALIFICATION INVOLVING NON-MICHIGAN RESIDENTS IN MICHIGAN WRECKS UNDER 3102, 3113(b), and 3163. 2010 MAJ No-Fault Institute V PIP BENEFITS AND DISQUALIFICATION INVOLVING NON-MICHIGAN RESIDENTS IN MICHIGAN WRECKS UNDER 3102, 3113(b), and 3163 2010 MAJ No-Fault Institute V Barry R. Conybeare Conybeare Law Office P.C. St. Joseph,

More information

Coverage for Other People Using Your Car. Today s Lecture State Farm Car Policy. Other People s Use of Your Car - Example

Coverage for Other People Using Your Car. Today s Lecture State Farm Car Policy. Other People s Use of Your Car - Example Today s Lecture State Farm Car Policy Other people using your car Your using other cars Other people using other cars Coverage for Other People Using Your Car Anybody using your car with permission is

More information

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Page 1 of 6 Automobile Insurance - S.E.F. No. 44 FAMILY PROTECTION ENDORSEMENT (For Alberta Only) Index Definitions Insuring Agreement

More information

Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.)

Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.) 78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session Enrolled Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.) CHAPTER... AN ACT Relating to personal injury

More information

DECISION ON A PRELIMINARY ISSUE

DECISION ON A PRELIMINARY ISSUE BETWEEN: TRACY SCHUTT Applicant and ALLSTATE INSURANCE COMPANY OF CANADA Insurer DECISION ON A PRELIMINARY ISSUE Before: Heard: Appearances: Joyce Miller Written submissions from both parties were received

More information

CAR ACCIDENT GUIDE TABLE OF CONTENTS

CAR ACCIDENT GUIDE TABLE OF CONTENTS CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...

More information

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001.

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001. 11 NYCRR 60-2.0 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS [FN1] SUBCHAPTER B. PROPERTY

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

ANYWHERE IN THE WORLD

ANYWHERE IN THE WORLD Notice to readers regarding accessibility: This document meets the requirements of the Québec government standard for Web accessibility SGQRI 008-02 and is accessible to people with disabilities. All notices

More information

DECISION ON A PRELIMINARY ISSUE

DECISION ON A PRELIMINARY ISSUE Financial Services Commission of Ontario Commission des services financiers de l Ontario BETWEEN: ANDONIETTA ZAYA Applicant and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer DECISION ON A PRELIMINARY

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

A Layman's Guide To ICBC Part 7 Benefits

A Layman's Guide To ICBC Part 7 Benefits A Layman's Guide To ICBC Part 7 Benefits Prepared for MADD Revised January 2015 This guide was initially prepared in February, 2005 at the request of MADD to provide a layman's guide to ICBC No-fault/Part

More information

IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. I. 8 AS AMENDED AND ONT. REGULATION 283/95, AS AMENDED

IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. I. 8 AS AMENDED AND ONT. REGULATION 283/95, AS AMENDED IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. I. 8 AS AMENDED AND ONT. REGULATION 283/95, AS AMENDED AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, CHAPTER 17, AS AMENDED AND IN THE MATTER

More information

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle:

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle: What are No-Fault benefits? "No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault refers to insurance coverage provided by your own

More information

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6)

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) 2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) Learning Objectives When you finish this study, you should be able to meet the following objectives: Discuss the legal basis

More information

Cycling and the Law: Know your Rights!

Cycling and the Law: Know your Rights! Cycling and the Law: Know your Rights! Patrick Brown Rights of The Injured Cyclist When a cyclist is struck by a car or truck, the injuries to the cyclist can be significant. It can have a dramatic impact

More information

LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY)

LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 19 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE

More information

ONTARIO AUTO INSURANCE GUIDE

ONTARIO AUTO INSURANCE GUIDE Downloaded from www.dbthomasins.com ONTARIO AUTO INSURANCE GUIDE The Insurance Contract Once you know what coverage you want, an insurance contract is established between you and your insurance company.

More information

A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004

A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004 A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004 By: Mark Kane and HayDen Kane By reviewing this document the reader acknowledges that he or she has reviewed, understands

More information

Michigan No-Fault Law: What You Don t Know Can Hurt You

Michigan No-Fault Law: What You Don t Know Can Hurt You Why Learn About No-Fault? Michigan No-Fault Law: What You Don t Know Can Hurt You Third Party Payer Day Mt. Pleasant, Michigan October 30, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC 25925 Telegraph Rd.

More information

What you should know

What you should know What you should know when you have been injured in a motor vehicle accident This booklet provides information about insurance benefits and other compensation that may be available to you when you have

More information

AMENDMENTS TO THE AUTO INSURANCE REGULATIONS: ACCIDENT BENEFITS AND BILL 198

AMENDMENTS TO THE AUTO INSURANCE REGULATIONS: ACCIDENT BENEFITS AND BILL 198 AMENDMENTS TO THE AUTO INSURANCE REGULATIONS: ACCIDENT BENEFITS AND BILL 198 Introduction Earlier this year, the Progressive Conservative Government passed Bill 198 amending the Insurance Act. This represents

More information

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an If you have questions or would like further information regarding Uninsured-Underinsured Motorist Coverage, please contact: Jennifer Medenwald 312-540-7588 jmedenwald@querrey.com Result Oriented. Success

More information

Motor Vehicle Accident Patient Intake Form

Motor Vehicle Accident Patient Intake Form Motor Vehicle Accident Patient Intake Form Name: Date of Accident (mm/dd/yyyy): Date of Birth (dd/mm/yyyy) (Cell) Telephone: (Home) (Work) Email: @ Insurance Information: Company Name: Name of Adjustor:

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3.

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3. TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

IN THE MATTER OF AN ARBITRATION PURSUANT TO THE ARBITRATIONS ACT, 1991 FEDERATION INSURANCE COMPANY OF CANADA. and LIBERTY MUTUAL INSURANCE COMPANY

IN THE MATTER OF AN ARBITRATION PURSUANT TO THE ARBITRATIONS ACT, 1991 FEDERATION INSURANCE COMPANY OF CANADA. and LIBERTY MUTUAL INSURANCE COMPANY IN THE MATTER OF AN ARBITRATION PURSUANT TO THE ARBITRATIONS ACT, 1991 B E T W E E N: FEDERATION INSURANCE COMPANY OF CANADA Applicant and LIBERTY MUTUAL INSURANCE COMPANY Respondent AWARD Introduction

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001800-MR PROGRESSIVE MAX INSURANCE COMPANY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v.

More information

Dealing with the Damage to Your Car after an Accident

Dealing with the Damage to Your Car after an Accident Dealing with the Damage to Your Car after an Accident People often have questions and concerns about their car after they have been involved in an accident. If the accident is your fault, then you can

More information

Car, Truck or Motorcycle Damage in Georgia

Car, Truck or Motorcycle Damage in Georgia Car, Truck or Motorcycle Damage in Georgia How to Start Your Car, Truck or Motorcycle Damage Claim; Your Property Damage Claim We recommend consulting with an attorney before making contact with any insurance

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

July 2003 CODE OF CONDUCT FOR STATUTORY ACCIDENT BENEFIT REPRESENTATIVES

July 2003 CODE OF CONDUCT FOR STATUTORY ACCIDENT BENEFIT REPRESENTATIVES Financial Services Commission of Ontario Commission des services financiers de l Ontario July 2003 CODE OF CONDUCT FOR STATUTORY ACCIDENT BENEFIT REPRESENTATIVES Issued by the Superintendent of Financial

More information

C14 Automobile Insurance Part 1 (British Columbia) Addendum February 2010 Revised

C14 Automobile Insurance Part 1 (British Columbia) Addendum February 2010 Revised C14 Automobile Insurance Part 1 (British Columbia) Addendum February 2010 Revised (To be used with 2008 edition of the textbook.) Study 2, page 2 Inverse liability coverage has been added to the Contents

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA DOROTHY YOUNG SHELL CANADA LIMITED. Brought under the Class Proceedings Act, R.S.B.C. 1996, c.

IN THE SUPREME COURT OF BRITISH COLUMBIA DOROTHY YOUNG SHELL CANADA LIMITED. Brought under the Class Proceedings Act, R.S.B.C. 1996, c. IN THE SUPREME COURT OF BRITISH COLUMBIA No. L021060 Vancouver Registry Between: And: DOROTHY YOUNG SHELL CANADA LIMITED Brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50 Plaintiff Defendant

More information

MVA? PIP, OOP, MACP, ERISA, COB, SOL and Other Acronyms You Need to Know

MVA? PIP, OOP, MACP, ERISA, COB, SOL and Other Acronyms You Need to Know Why Learn About No-Fault? MVA? PIP, OOP, MACP, ERISA, COB, SOL and Other Acronyms You Need to Know A Presentation for MAHAP Mt. Pleasant, Michigan March 20, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC

More information

RISK RESPONSIBILITY REALITY APPENDIX D AUTOMOBILE INSURANCE IN CANADA

RISK RESPONSIBILITY REALITY APPENDIX D AUTOMOBILE INSURANCE IN CANADA The appendix includes relevant clauses drawn from the Compulsory Minimum Insurance Coverage for Private Passenger Vehicles as prepared by the Insurance Bureau of Canada (FACTS 2005 p. 12-15) used with

More information

Younis v. State Farm Mutual Automobile Insurance Company; Insurance Bureau of Canada et al., Intervenors

Younis v. State Farm Mutual Automobile Insurance Company; Insurance Bureau of Canada et al., Intervenors Younis v. State Farm Mutual Automobile Insurance Company; Insurance Bureau of Canada et al., Intervenors [Indexed as: Younis v. State Farm Mutual Automobile Insurance Co.] 113 O.R. (3d) 344 2012 ONCA 836

More information

FASTEN YOUR SEATBELTS: WHEN IS A MOTOR VEHICLE ACCIDENT REALLY AN ACCIDENT AND WHAT CONSITUTES A MOTOR VEHICLE FOR INSURANCE PURPOSES?

FASTEN YOUR SEATBELTS: WHEN IS A MOTOR VEHICLE ACCIDENT REALLY AN ACCIDENT AND WHAT CONSITUTES A MOTOR VEHICLE FOR INSURANCE PURPOSES? FASTEN YOUR SEATBELTS: WHEN IS A MOTOR VEHICLE ACCIDENT REALLY AN ACCIDENT AND WHAT CONSITUTES A MOTOR VEHICLE FOR INSURANCE PURPOSES? Presented By: NIGEL G. GILBY WILLIAM A. G. SIMPSON WHAT IS AN AUTOMOBILE?

More information

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA POLICY NUMBER: PERSONAL AUTO PP 05 67 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA With respect to coverage provided by this endorsement,

More information

Section 60-1.1 Mandatory provisions.

Section 60-1.1 Mandatory provisions. 11 NYCRR 60-1.1 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS SUBCHAPTER B. PROPERTY AND CASUALTY

More information

EVER ESCALATING CLAIMS: THE EVOLVING AUTO INSURANCE PRODUCT STRESSES ON THE SYSTEM By: Catherine Korte

EVER ESCALATING CLAIMS: THE EVOLVING AUTO INSURANCE PRODUCT STRESSES ON THE SYSTEM By: Catherine Korte EVER ESCALATING CLAIMS: THE EVOLVING AUTO INSURANCE PRODUCT STRESSES ON THE SYSTEM By: Catherine Korte For those of you who self insure, let s say the first million. For those of you who own fleets. For

More information

DECISION ON EXPENSES

DECISION ON EXPENSES Financial Services Commission of Ontario Commission des services financiers de l Ontario BETWEEN: BRADLEY MICHAEL MULHALL Applicant and WAWANESA MUTUAL INSURANCE COMPANY Insurer DECISION ON EXPENSES Before:

More information

MOTOR VEHICLE PERSONAL INJURY MANUAL for HEALTH CARE PROFESSIONALS

MOTOR VEHICLE PERSONAL INJURY MANUAL for HEALTH CARE PROFESSIONALS MOTOR VEHICLE PERSONAL INJURY MANUAL for HEALTH CARE PROFESSIONALS Guidelines for health care professionals to assist patients with obtaining benefits as a result of injuries suffered in a motor vehicle

More information

UPDATE ON PERSONAL INJURY LAW AND PRACTICE. May 9 12, 2012. William A. G. Simpson

UPDATE ON PERSONAL INJURY LAW AND PRACTICE. May 9 12, 2012. William A. G. Simpson UPDATE ON PERSONAL INJURY LAW AND PRACTICE 22 nd Annual Conference of The Institute of Law Clerks of Ontario May 9 12, 2012 William A. G. Simpson Partner Lerners LLP (London) This paper will provide a

More information

ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS

ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS The Law Society of Upper Canada October 18, 2007 ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS Richard M. Bogoroch, Melinda J. Baxter and Tripta S. Chandler Bogoroch & Associates REPRESENTING PERSONS

More information

NEW YORK CHANGES IN BUSINESS AUTO, BUSINESS AUTO PHYSICAL DAMAGE, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS

NEW YORK CHANGES IN BUSINESS AUTO, BUSINESS AUTO PHYSICAL DAMAGE, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS COMMERCIAL AUTO CA 01 12 04 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES IN BUSINESS AUTO, BUSINESS AUTO PHYSICAL DAMAGE, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS

More information

Summary of Important Changes to Your Policy You Now Have More Choice

Summary of Important Changes to Your Policy You Now Have More Choice Summary of Important Changes to Your Policy You Now Have More Choice Recent reforms introduced by the Ontario government will give you more choice over the coverages and price you pay for auto insurance.

More information

ARE YOU DRIVING ON THIN ICE : FULL COVERAGE MIGHT NOT BE WHAT YOU THINK IT IS

ARE YOU DRIVING ON THIN ICE : FULL COVERAGE MIGHT NOT BE WHAT YOU THINK IT IS ARE YOU DRIVING ON THIN ICE : FULL COVERAGE MIGHT NOT BE WHAT YOU THINK IT IS By: Jay R. Vaughn, Esq. Schachter, Hendy & Johnson, P.S.C. (859) 578-4444 jvaughn@pschachter.com My practice focuses on personal

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Automobile Insurance Third Party Liability Bodily Injury Closed Claim Study in Ontario

Automobile Insurance Third Party Liability Bodily Injury Closed Claim Study in Ontario Automobile Insurance Third Party Liability Bodily Injury Closed Claim Study in Ontario August 13, 2014 Contents Introduction... 2 Reliances and Limitations... 2 Selected Observations... 3 Data... 5 Claim

More information

Personal injury claims advice solicitors

Personal injury claims advice solicitors Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury

More information

1. Liability Coverage for Employees Driving State-Owned Cars

1. Liability Coverage for Employees Driving State-Owned Cars To: MTSU Community From: Office of the University Counsel Date: August 2, 2013 Re: Liability for Employee Auto Accidents 1. Liability Coverage for Employees Driving State-Owned Cars Although the State

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

MANDATORY VEHICLE INSURANCE Terms and conditions No. 500

MANDATORY VEHICLE INSURANCE Terms and conditions No. 500 These insurance terms and conditions consist of three independent insurance contracts and are divided into four sections. The final section applies jointly to all three insurance contracts. The division

More information

A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1. Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A.

A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1. Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1 Introduction Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. 2011 We represent many clients who have been involved in car accidents,

More information

www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work.

www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work. www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work. Motor claims assistance In the event of a claim, experienced specialists are on hand to ensure that your

More information

Commonwealth of Massachusetts Division of Insurance

Commonwealth of Massachusetts Division of Insurance Commonwealth of Massachusetts Division of Insurance Joseph G Murphy, Commissioner CONTENTS: PAGE # How to Reach Us D-1 How to File an Insurance Complaint D-1 Frequently Asked Insurance Questions (FAQ s)

More information

ZacharLawFirm.com (602) 494-4800 Page 1

ZacharLawFirm.com (602) 494-4800 Page 1 There are countless drivers across the state of Arizona that are uninsured or underinsured. In fact, it is estimated that one (1) out of every five (5) drivers on the road is driving without insurance.

More information

BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS

BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS BENEFITS COMPARISON BETWEEN RAF SCHEME AND THE PROPOSED RABS Difference between RAF Scheme & RABS For purposes of the comparison, the current Road Accident Fund Act, No. 56 of 1996 (as amended on 1 August

More information

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II JENNIFER HELGESON and ANDREW HELGESON, Appellants, No. 41371-0-II v. UNPUBLISHED OPINION VIKING INSURANCE COMPANY OF WISCONSIN a foreign corporation,

More information

Is What You Know About Injury Claims Accurate?

Is What You Know About Injury Claims Accurate? Is What You Know About Injury Claims Accurate? Presented by: Attorney Mark L. Krueger www.kh-law.net IS WHAT YOU KNOW ABOUT INJURY CLAIMS ACCURATE? Misconception No. 1 I have no claim if the responsible

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Karen Davis, No. 216 C.D. 2015 Petitioner Argued November 16, 2015 v. Workers Compensation Appeal Board (PA Social Services Union and Netherlands Insurance Company),

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0446 American Family Mutual Insurance Company,

More information

GM Ignition Compensation Claims Resolution Facility FREQUENTLY ASKED QUESTIONS

GM Ignition Compensation Claims Resolution Facility FREQUENTLY ASKED QUESTIONS GM Ignition Compensation Claims Resolution Facility FREQUENTLY ASKED QUESTIONS June 30, 2014 Table of Contents Section 1. General Information 4 1.1 What is the GM Ignition Compensation Claims Resolution

More information

Ontario Automobile Policy (OAP1)

Ontario Automobile Policy (OAP1) Ontario Automobile Policy (OAP1) Owner s Policy Approved by the Superintendent of Financial Services for use as the standard Owner's Policy on or after September 1, 2010. About This Policy This is your

More information

DECISION WITH RESPECT TO PRELIMINARY ISSUE

DECISION WITH RESPECT TO PRELIMINARY ISSUE BETWEEN: IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, c. I. 8, Section 268 AND REGULATION 283/95 MADE UNDER THE INSURANCE ACT AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17 AND IN THE MATTER

More information

Accident Benefits Coverage in Ontario

Accident Benefits Coverage in Ontario Accident Benefits Coverage in Ontario June 2007 Accident Benefits Coverage in Ontario Table of Contents If You Are in a Car Crash...1 Specified Benefits...3 Death and Funeral Payments...7 Medical, Rehabilitation

More information

AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO

AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO 159 AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO BY JOHN EDWARDS INTRODUCTION During 1936, 138 insurers reported automobile insurance premiums written

More information