- 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
Describe burden of proof.
- 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
Describe Absolute Liability.
- 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
6 Additional agreements of insurer:
- 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
2 agreements of insured:
- 1. Notify insurer within 7 days
- 2. Do not assume liability
4 types of theft not covered:
- 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
Describe Facility Association.
- 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
Why does Facility not exist in provinces with government auto programs?
not necessary b/c the government insurers provide basic coverage to all drivers in a non-discriminatory manner