C14 SAMPLE EXAM Q's

• (x2 insurer and insured)
• (description)
• (policy #)
• (effective/expiry date)

• omission to do or not do something a reasonable & prudent person would or would not do
• if proven negligent then you are legally liable
• ie. tailgating resulting in rear-ending

• onus probandi
• the burden of proof (onus of proof) lays on the person doing the alleging...the plaintiff
• waived if its a pedestrian or cyclist - onus on motorist

• right to recover from responsible party
• ie. loss transfer 4,500 kg and truck

• When: insured violates policy condition(s)
• Why: protects innocent TP's from delays; and ensures that innocent TP's not prejudiced by insured's actions
• What: insurer only obligated to pay minimum limits
• How: insurer pays for TP but will request the money back from the insured
• Example: drunk driving insured
• Best defence: thorough research before binding coverage

• 1. reimburse out-of-pocket expenses for immediate medical aid to TP's
• 2. investigate, negotiate & settle claims
• 3. defend any civil action brought against insd, even if groundless
• 4. pay court costs
• 5. pay up to the minimum limits of jurisdiction
• 6. not use an Ontario defence that wouldn't be available in other jurisdictions

• 1. Notify insurer within 7 days
• 2. Do not assume liability

• 1. (fire)
• 2. (theft or attempted theft)
• 3. (lightening)
• 4. (earthquake)
• 5. (explosion)
• 6. (riot or civil disturbance)
• 7. (windstorm)
• 8. (forced landing of aircraft)

• 1. theft by person who has legal possession under a written agreement (ie. lease)
• 2. change of ownership that is agreed to, even is brought about by trickery or fraud (ie. you sell car, cheque bounces, cannot claim)
• 3. theft by someone living in insured's household
• 4. theft by insured's employee

• unincorporated, non-profit association of insurers
• ensures immediate availability of a market
• ensures equitable sharing among insurers
• "residual market" for those who do not meet u/w guidelines for the "voluntary market"
• u/w & claims functions performed by service carriers

not necessary b/c the government insurers provide basic coverage to all drivers in a non-discriminatory manner