Chapter 3 - Automobile Insurance C14






Terms

Definitions

Why is there often confusion with respect to how consumers and insurers define no-fault?insurers define no-fault as the insured recovers from them after a loss whereas consumers think it relates to whether their premiums increase
What TWO (2) distinctions must be made when considering no-fault concepts?vehicle damage and injuries must be considered separately.
What early agreements used the original concept of no-fault automobile insurance?"knock for knock" agreements. each insurer paid for repairs to its own policyholders regardless of who was at fault.
What are the aims of no-fault automobile insurance?1. less investigation 2. less subrogation activity. 3. less litigation 4. speedier settlements for insureds 5. insureds deal only with their own insurer 6. costs savings which result in lower premiums.
How is fault determined for premium chargeability in Quebec? In Ontario? In New Brunswick?Quebec - driver's fault chart
Ontario/NB - fault determination rules
To which type of automobile insurance coverage was the no-fault concept first applied in Canada?no-fault concepts were first applied towards injuries.
What auto policy coverages are the forerunners of present day no-fault plans?accidents benefits coverage evolved from medical expense coverage from the 1940s.
What is a "threshold" as it relates to auto insurance?it is the degree of injury a claimant must establish before being allowed to commence a legal action against the responsible party
What provinces presently have no-fault plans?Quebec, Manitoba and Saskatchwan. Ontario has a threshold no-fault plan
What provinces allow no suits for injury?Quebec and Manitoba have completely banned lawsuits
What provinces allow suits in certain circumstances only?Ontario allows conditionally lawsuits for injured parties.

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