1 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
2 WHAT IS AN AUTOMOBILE?
3 WHAT IS AN AUTOMOBILE? The test for determining when an automobile is really an automobile is set out in Grummet v. Federation Insurance Co. of Canada (1999), 46 O.R. (3d) 340: 1. Is the vehicle an automobile in ordinary parlance? If not, then, 2. Is the vehicle defined as an automobile in the wording of the insurance policy? If not, then, 3. Does the vehicle fall within any enlarged definition of automobile in any relevant statute?
4 WHAT IS AN AUTOMOBILE? Section 224(1) of the Insurance Act defines "automobile as follows: "automobile" includes, (a) (b) a motor vehicle required under any Act to be insured under a motor vehicle liability policy, and a vehicle prescribed by regulation to be an automobile.
5 WHAT IS AN AUTOMOBILE? Section 2 of the Compulsory Automobile Insurance Act prohibits the operation of a motor vehicle "on a highway unless the motor vehicle is insured under a contract of automobile insurance". Section 1 of the Compulsory Automobile Insurance Act defines "motor vehicles" as having the same meaning as in the Highway Traffic Act and includes trailers, accessories and equipment of the motor vehicle.
6 WHAT IS AN AUTOMOBILE? Section 1 of the Highway Traffic Act defines motor vehicle as follows: motor vehicle includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running upon rails, or a motorized snow vehicle, traction engine, farm tractor, selfpropelled implement of husbandry or road-building machine
7 WHAT IS AN AUTOMOBILE? The following are obvious examples of automobiles where insurance is required by law: passenger cars; pick-up trucks (including any trailers); motorcycles; transport trucks; school buses; coach buses;
8 WHAT IS AN AUTOMOBILE? The following are examples of motor vehicles that are not automobiles and may not require insurance: farm tractors (including trailers); street cars; motorized wheelchairs/scooters; road-building machinery; go-karts
9 WHAT IS AN AUTOMOBILE? What about snowmobiles? The Motorized Snow Vehicles Act states: 12. (1) No person shall drive a motorized snow vehicle unless the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act, and the owner of a motorized snow vehicle shall not permit any person to drive the vehicle unless the vehicle is so insured. Note that there is an exception for requiring insurance when a snowmobile is only being operated on land owned by a snowmobile s owner.
10 WHAT IS AN AUTOMOBILE? The Motorized Snow Vehicles Act contains an age prohibition: 11. (1) Unless otherwise prescribed by the regulations, a person under the age of 16 years shall not drive a vehicle unless accompanied by a person who (a) (b) is 16 years of age or older; and if, under the age of 19 years, is properly insured, or on whose behalf there is proper insurance for the operation of that vehicle in accordance with the regulations. This means that no person under the age of 19 years may operate a snowmobile unless proper insurance is put into place
11 WHAT IS AN AUTOMOBILE? What about All-Terrain Vehicles? The Off-Road Vehicles Act states: 15. (1) No person shall drive an off-road vehicle unless it is insured under a motor vehicle liability policy in accordance with the Insurance Act. Note that there is an exception for requiring insurance when an ATV is being operated on land owned by an ATV s owner.
12 WHAT IS AN AUTOMOBILE? The Off-Road Vehicles Act contains an age prohibition: 4. (1) No owner of an off-road vehicle shall permit a child under the age of twelve to drive the vehicle. Exception 4. (2) Subsection (1) does not apply where the child is driving the vehicle, (a) on land occupied by the vehicle owner; or (b) under the close supervision of an adult.
13 WHAT IS AN AUTOMOBILE? The Off-Road Vehicles Act defines an off-road vehicle as follows: off-road vehicle means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel, (a) (b) on not more than three wheels, or on more than three wheels and being of a prescribed class of vehicle;
14 WHAT IS AN AUTOMOBILE? A person operating a snowmobile or ATV that is properly insured will always be able to recover nofault accident benefits because of section 268 of the Insurance Act, which states: 268. (1) Every contract evidenced by a motor vehicle liability policy shall be deemed to provide for the statutory accident benefits set out in the Schedule and any amendments to the Schedule, subject to the terms, conditions, provisions, exclusions and limits set out in that Schedule
16 WHAT IS A MOTOR VEHICLE ACCIDENT: THE TEST IN TORT (i.e. SUING SOMEONE ELSE) vs. NO-FAULT BENEFITS A tort is a civil wrong for which a remedy may be obtained (e.g. monetary compensation). A tort is a lawsuit. A claim against a wrongdoer is also a lawsuit. The terms are used interchangeably. In motor vehicle accident cases, a lawsuit may be started in tort against an at-fault party in certain circumstances.
17 THE STARTING POINT: SECTION 239 OF THE INSURANCE ACT 239. (1) Subject to section 240, every contract evidenced by an owner s policy insures the person named therein, and every other person who with the named person s consent drives, or is an occupant of, an automobile owned by the insured named in the contract and within the description or definition thereof in the contract, against liability imposed by law upon the insured named in the contract or that other person for loss or damage, (a) (b) arising from the ownership or directly or indirectly from the use or operation of any such automobile; and resulting from bodily injury to or the death of any person and damage to property.
18 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN TORT LAW? In its simplest form, causation means the causing or producing of an effect. In motor vehicle accident cases, causation requires a connection to exist between an injury suffered by an individual and the direct or indirect use of a motor vehicle. The concept of causation is complicated by the idea that the connection between a motor vehicle and an injury can be interrupted, or broken, by an intervening act.
19 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN TORT LAW? Causation is also referred to as causal connection ; the two phrases mean the same thing. The Supreme Court of Canada has instructed that, in motor vehicle accident cases, the causal connection must be more than incidental, fortuitous, or but for. It is simply not enough to find that the use or operation of a motor vehicle in some manner contributes to or adds to the injury.
20 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES As a member of a yearly deer-hunting party, Fred Wolfe drove to his designated hunting stand when he thought he saw a deer. It was before sunrise. He stopped and got out of his truck. He removed his rifle, loaded it and, seeing a flash of white in the headlights (which he concluded was the tail of a deer about to take flight), he shot. Unfortunately, he hit another member of the hunting party, George Herbison, seriously injuring him.
21 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES George Herbison sued Fred Wolfe. The trial court, and appeal court, concluded that Herbison s injuries arose from the direct or indirect use of Wolfe s pickup truck and awarded damages of $850, The Supreme Court of Canada disagreed. It concluded that, when Wolfe stepped out of the vehicle, the act of firing a rifle was an intervening act that broke the causal connection and that Herbison s injuries were not caused directly or indirectly by Wolfe s motor vehicle.
22 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES The Vytlingam family, who are Ontario residents, were motoring northwards along Interstate 95 near Fayetteville, North Carolina, when their vehicle was struck by a large boulder dropped from an overpass by two local thrill seekers, Todd Farmer and Anthony Raynor, who were high on alcohol and drugs. Michael Vytlingam received catastrophic injuries as a result of the crime. His mother Chandra and his sister Suzana Vytlingam suffered serious psychological harm.
23 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES Michael Vytlingam received no-fault accident benefits from his insurer; The Vytlingam family brought a lawsuit against their own insurance company (i.e. an underinsured claim) alleging that Todd Farmer and Anthony Raynor were negligent in throwing rocks and that it arose directly or indirectly from the use of Todd Farmer s motor vehicle; The trial court awarded damages of $961, and the appeal court upheld this decision. The insurance company, however, appealed to the Supreme Court of Canada;
24 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES The Supreme Court of Canada overturned the prior decisions; It held that: if the vehicle s involvement is held to be no more than incidental or fortuitous or but for, and is ruled severable from the real cause of the loss, then the necessary causal link is not established; In this case, while the use of Todd Farmer s car in some manner contributed to his ability to commit the act that caused the injury, rock throwing was an activity entirely severable from the use or operation of the Farmer vehicle;
25 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES In Greenhalgh v. ING Halifax Insurance Co. (2004), 72 O.R. (3d) 338 (C.A.), a driver whose car was stranded in the country during winter left the vehicle and tried to walk back to the main road. She became lost, fell into a river and suffered exposure and extreme frostbite. The court held that the chain of causation had been broken and that the injuries suffered did not result from the use or operation of a motor vehicle.
26 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES In Chisholm v. Liberty Mutual Group (2002), 60 O.R. (3d) 776 (C.A.), an insured person was injured when gunshots were fired into his car by an unknown assailant. The Ontario Court of Appeal held the shooting to be severable. There was no causal connection between the claimant s injuries and the operation of his car.
27 APPLYING CAUSATION IN TORT LAW: REAL EXAMPLES FROM DECIDED CASES In Axa Insurance v. Dominion of Canada General Insurance Co. (2004), 73 O.R. (3d) 391 (C.A.), the claimant was injured when struck in the eye by a bungee cord used to secure a friend s boat to a trailer. The motor vehicle insurer was required to indemnify the friend because the injury to the claimant occurred, indirectly at least (per s. 239(1)(b) of the [Insurance] Act) from the ownership use and operation of the motor vehicle and attached boat trailer.
28 DISTINGUISHING BETWEEN CLAIMS IN TORT AND IN APPLICATIONS FOR NO-FAULT BENEFITS A claim for no-fault benefits has a different test for causation because it is a different kind of insurance A claim for no-fault benefits does not require proof of an at-fault motorist Coverage for no-fault benefits is interpreted broadly and liberally
29 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN A CLAIM FOR NO-FAULT BENEFITS? Statutory Accident Benefits Schedule Accidents On or After November 1, 1996 ( SABS ) 2. (1) In this Regulation, accident means an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device
30 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN A CLAIM FOR NO-FAULT BENEFITS? The Supreme Court of Canada established the test for determining causation in claims for no-fault benefits in Amos v. Insurance Corp. of British Columbia,  3 S.C.R The Supreme Court of Canada stated that the statutory language must not be stretched beyond its plain and ordinary meaning, nevertheless, it ought not to be given a technical construction that defeats the object and insuring intent of the legislation providing coverage.
31 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN A CLAIM FOR NO-FAULT BENEFITS? In Amos, the insurer contested its responsibility to pay no-fault benefits to its own insured for accident benefits payable in respect of death or injury caused by an accident that arises out of the ownership, use or operation of a vehicle. In Amos, the insured had been attacked by a gang of strangers while he was motoring along an urban street in California. He was shot and seriously injured as he fled in his van away from the assailants, who were on foot. The claim for no-fault benefits was denied by Amos insurance company.
32 UNDERSTANDING CAUSATION: WHAT DOES IT MEAN IN A CLAIM FOR NO-FAULT BENEFITS? In deciding that Amos was entitled to receive no-fault benefits, the Supreme Court of Canada formulated a two-part relaxed causation test to be applied to the regulation setting out the insurer s statutory obligation to provide no-fault benefits to its own insured, as follows: 1. Did the accident result from the ordinary and well-known activities to which automobiles are put? (This has become known as the purpose test.) 2. Is there some nexus or causal relationship (not necessarily a direct causal relationship) between the appellant s injuries and the ownership, use or operation of his vehicle, or is the connection between the injuries and the ownership, use or operation of the vehicle merely incidental or fortuitous? (This has become known as the causation test.)
35 CONCLUSION When an injury is caused by the direct or indirect use or operation of a motor vehicle there may be coverage available for no-fault benefits, a tort action, or both Motor vehicle and automobile mean different things under different pieces of legislation Even where an injury is caused by a motor vehicle that is not insured, compensation may still be sought from the Motor Vehicle Accident Claims Fund in certain circumstances Uninsured coverage, and the right to sue, may also be available to an injured person provided that he or she qualifies to receive nofault benefits: McArdle v. Bugler, (2007) 87 O.R. (3d) 433 (Ont. C.A.)
SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES Thomasina Dumonceau Blaney McMurtry LLP 416.593.2999 firstname.lastname@example.org SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES This paper
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:
Copyright Lerners LLP HELPING YOU HELP YOUR PATIENTS: Learning about Insurance issues in MVA cases MOTOR VEHICLE ACCIDENT LEGISLATION 1. TORT CLAIMS 2. STATUTORY ACCIDENT BENEFITS 3. WHAT IS AN ACCIDENT
SUPREME COURT OF CANADA CITATION: Citadel General Assurance Co. v. Vytlingam, 2007 SCC 46 DATE: 20071019 DOCKET: 31083 BETWEEN: Citadel General Assurance Company Appellant v. Michael Vytlingam by his Litigation
59202 Prepared by the North Dakota Legislative Council staff for the Transportation Committee March 2004 UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY This memorandum reviews the law on uninsured
A TOMATO WAGON? DEFINING AUTOMOBILES UNDER ONTARIO S INSURANCE LEGISLATION By. Catherine Korte and Anthony Gatensby To the uninitiated, it might seem that defining the word automobile should be a relatively
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
STATE OF MICHIGAN COURT OF APPEALS SHAREN W. WELLMAN, Plaintiff-Appellee, UNPUBLISHED May 24, 2011 v No. 294394 Lake Circuit Court HARRY LEE MCCULLOUGH, LC No. 09-007559-NI and Defendant, HOMEOWNERS INSURANCE
IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative
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
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 B E T W E E N : AND IN THE MATTER OF AN ARBITRATION AVIVA INSURANCE
COMMERCIAL AUTO CA 22 34 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT For a covered "auto" licensed or principally garaged in,
2002 PA Super 50 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. HELEN S. ZIATYK, Appellant NO. 302 EDA 2001 Appeal from the Order entered March 20,
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
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
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
AMENDATORY ENDORSEMENT NORTH CAROLINA PERSONAL AUTO POLICY This Endorsement amends the Policy as follows: I. DEFINITIONS The Definitions Section is amended as follows: A. The third paragraph is replaced
Supreme Court of Missouri en banc MARK KARSCIG, Appellant, v. No. SC90080 JENNIFER M. MCCONVILLE, Appellant, and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. APPEAL FROM THE CIRCUIT COURT OF PETTIS
The Liability of Lessors and the Insurance Implications of Bill 35 The British Columbia Legislature recently took steps to cap the liability exposure of auto dealers and auto leasing companies. Included
WHAT IS A MOTOR VEHICLE AND WHAT CONSTITUTES ITS USE AND OPERATION: AN INVESTIGATION INTO POLICY APPLICABILITY AND COVERAGE By. Jim Tomlinson, David Olevson and Josh Sugar In Ontario and across North America,
Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic
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
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....
TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 184.108.40.206 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 220.127.116.11
2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2008AP1036 Complete Title of Case: JOHN A. MITTNACHT AND THERESA MITTNACHT, PLAINTIFFS-APPELLANTS, V. ST. PAUL FIRE AND CASUALTY
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
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
New York State Department of Financial Services Home Regulation 68 index page In order to assist you in viewing Regulation 68 in its most current form, this webpage has incorporated the text of the 1st
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,
STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,
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
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0308n.06 Filed: April 21, 2005 No. 04-5393 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PRUDENTIAL PROPERTY & CASUALTY CO., Plaintiff-Appellee,
SUPPLEMENTARY AUTOMOBILE APPLICATION - PENNSYLVANIA (To be completed by the Named Insured or Applicant) Name abc Policy Number (If Not New Business) Address PENNSYLVANIA NOTICE IMPORTANT NOTICE Insurance
TEACHER S NOTES Purpose: to explore the effect of a car accident on a person s life to recognize the role of insurance as an essential emergency tool for replacement, repair and rehabilitation to explore
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
No. 89-261 IN THE SUPREME COURT OF THE STATE OF MONTANA 1990 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, -vs- Plaintiff and Respondent, THE ESTATE OF GARY NELSON BRAUN, Deceased, and CHESTER V. BRAUN,
Changing Tort Reform In Kentucky Christel Siglock By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the number of lawsuits filed, 2) Thus reducing insurance company payouts
I. OVERVIEW PROPERTY PROTECTION INSURANCE (PPI) MCL 500.3021-3127 contain the property protection sections of the Michigan Automobile No Fault Insurance Act. These sections primarily benefit third party
Supreme Court No. 2000-205-Appeal. (PC 99-4922) John J. McVicker et al. v. Travelers Insurance Company et al. : : : Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. O P I N I O
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
2001 WI App 12 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 00-0950 Complete Title of Case: ALICIA DANIELSON, V. PLAINTIFF-APPELLANT, ANDREA H. GASPER, ABC INSURANCE COMPANY, AND WISCONSIN
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
NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required
TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since
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-
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
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
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
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
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
STATE OF MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE SERVICES Before the Commissioner of Financial and Insurance Services In the matter of / Order No. 06-008-M Issued
1 ALL TERRAIN VEHICLES c. A-18.02 The All Terrain Vehicles Act being Chapter A-18.02 of the Statutes of Saskatchewan 1988-89 as amended by of the Statutes of Saskatchewan 1989-90, c.15 and c.54; 1990-91,
ISAACS & CO. Marc Isaacs Arie Odinocki 416 601 1348 Accident Benefit Issues Priority Disputes Loss Transfer Priority Disputes Purpose of the Accident Benefits Scheme To ensure that anyone involved in a
LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances
Automobile Insurers Bureau Massachusetts Automobile Policy Please read your policy. Part of the policy is a page marked Coverage Selections. It shows the types and amounts of coverage you have purchased.
OVERVIEW OF HNO, PHYSICAL DAMAGE, CASE STUDY Presented by: Alliant Insurance Session Overview At the end of this presentation, participants should be able to: 1. Define what HNO means 2. Understand how
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,
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,
Public Act No. 14-20 AN ACT CONCERNING UNINSURED AND UNDERINSURED MOTORIST COVERAGE OFFSETS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 38a-336
Recent Case Update VOL. XXII, NO. 2 Summer 2013 Insurance Summary Judgment Stacking UIM Saladin v. Progressive Northern Insurance Company (Court of Appeals, 12 AP 1649, June 4, 2013) On August 26, 2010,
CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court
IN THE SUPREME COURT OF FLORIDA JOHN CARGUILLO, as Personal Representative of the Estate of JOHN JOSEPH CARGUILLO, deceased, Petitioner, CASE NO. 71, 799 VS. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE
HOW TO TREAT IDENTICAL MUTUALLY EXCLUSIVE (REPUGNANT) EXCESS INSURANCE CLAUSES IN UNDERINSURED MOTORIST INSURANCE POLICIES WHEN THE INSURED HAS COVERAGE UNDER MULTIPLE UIM POLICIES Robert H. Hobgood, Sr.
rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers
2000 WI App 171 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 99-0776 Complete Title of Case: RONNIE PROPHET AND BADON PROPHET, V. PLAINTIFFS-APPELLANTS, ENTERPRISE RENT-A-CAR COMPANY, INC.,
Ed. Note: Opinion Rendered April 11, 2000 SUPREME COURT OF LOUISIANA No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER Versus RELIANCE INSURANCE COMPANY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579
PERSONAL AUTO POLICY STOCK COMPANY DISCOVERY INSURANCE COMPANY PO BOX 200 KINSTON, NORTH CAROLINA 28502 THESE POLICY PROVISIONS WITH THE DECLARATIONS PAGE AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART
[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] ROGERS v. CITY OF DAYTON ET AL., APPELLEES; STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., APPELLANT. [Cite as Rogers v. Dayton, 118 Ohio St.3d
9. Typical auto insurance benefits in both no fault and traditional States fall short of the needs of catastrophically injured victims. EXECUTIVE OFFICE INTER-COMMUNICATION From: KENNETH D. MERIN, DIRECTOR
(RULE 112) AMBULANCE SERVICES 1. Ambulance (Class Code 79130) Multiply the fleet or non-fleet Trucks, Tractors and Trailers base premium by 3.00. by the following rating factors:.87 1.23 2. Ambulance Type
Update to your Vero MotorPlan policy As a result of a change brought about by the Sentencing Amendment Act 2014, we would like to bring to your attention an update to our Vero MotorPlan policy wording.
Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered
Accident Insurance for Driver and Owner as Passengers Windshield Insurance Insurance Terms This policy is covered by the Insurance Contracts Act No. 20 of 1954 unless otherwise specified in these terms
No. 135 March 25, 2015 77 IN THE COURT OF APPEALS OF THE STATE OF OREGON Jessica Gonzalez DE ZAFRA, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY, Defendant-Respondent. Multnomah County Circuit Court
Wisewould Mahony A Double Header Smack Down Wisewould Mahony Lawyers TRANSPORT ACCIDENT VS ARRISING OUT OF THE USE OF, AKA: SECTION 137(5A) V SECTION 138 A DOUBLE HEADER SMACK DOWN! PURPOSE The purpose
THE COMMISSIONERS HOUSE AT HERITAGE SQUARE 2901 BEE CAVE ROAD, BOX L AUSTIN, TEXAS 78746 P. 512.328.9099 F. 512.328.4132 WWW.JKPLAW.COM A BRIEF REVIEW OF TEXAS AUTOMOBILE INSURANCE Automobile liability
COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: Complete Title of Case: 98-1821-FT MONICA M. BLAZEKOVIC, PLAINTIFF-RESPONDENT, Petition for Review filed. CITY OF MILWAUKEE, PLAINTIFF, V. CITY
By Donald L. Brown Every company owner should protect business operations with adequate insurance coverage. Yet the automobile liability requirements can be confusing because of seemingly overlapping coverages,
STATE OF MINNESOTA IN COURT OF APPEALS A09-591 David S. Kasid, Appellant, vs. Country Mutual Insurance Company, Respondent, Jane Doe, Defendant. Filed December 22, 2009 Affirmed Worke, Judge Ramsey County
456 Singapore Academy of Law Journal (1998) THE MOTOR INSURERS BUREAU OF SINGAPORE WHAT IS AN MIB AND WHAT IS ITS ROLE? To appreciate this it will be useful to take a look at the first Motor Insurers Bureau
Motorcyclists and the Michigan No-Fault Law (2nd Edition) Important Questions and Answers By George T. Sinas SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW 3380 Pine Tree Road, Lansing,
1 of 8 6/25/2008 3:39 PM BULLETIN 96-7 FREQUENT PROBLEMS FOUND IN FILINGS Property and Casualty Lines Over the years we have found that insurance companies consistently fail to make their forms and filings