(Atlantic Provinces) Addendum----May 2016

Transcription

1 C14 Automobile Insurance----Part 1 SRG (Atlantic Provinces) Addendum----May 2016 (To be used with 2014 edition of student resource guide.) Note: This addendum replaces the June 2014 addendum. It addresses recent regime changes to automobile insurance in Prince Edward Island to establish Direct Compensation Property Damage (DCPD) coverage, among other updates. It also brings the 2014 edition of the Student Resource Guide in line with the new 2016 edition of the textbook. 1 3 Key Point Review Questions 1 and 2 have been replaced: 1. Briefly explain how automobile insurance has developed with the automobile. 2. How is automobile insurance distributed in Canada? 1 4 Model Multiple-Choice Question 5 has been replaced: 5. Who controls the wording of automobile insurance policy forms and endorsements in Canada? (A) The federal Superintendent of Insurance (B) The provincial Superintendent of Insurance (C) The municipal Superintendent of Insurance (D) The insurers who issue the policies or endorsements 1 5 Model Application Question (a) and (d) have been modified slightly, as follows: (a) A newly married couple that has just purchased their first automobile (d) A restaurant that will be employing several delivery drivers who use their own vehicles to deliver food in the evenings 1 7 Model Multiple-Choice Answers 4 and 5 changed: 4. (D) Newfoundland is the only province in Canada where Accident Benefits are optional. (Study 1 page 4) 5. (B) The provincial Superintendent of Insurance (Study 1 page 5) 1 8 Model Application Answer changed to (d) Restaurant 3 3 Key Point Review Questions 7 has been replaced: 7. How is fault determined for premium chargeability in provinces which have direct compensation for property damage (DCPD)? Addendum for C14 Atlantic SRG 2014 Edition May 2016 Page 1 of 5

2 4 4 Model Multiple-Choice Question 1 has been changed: 1. If an insurer issues a policy that differs from the application, and notifies the insurer in writing, how many days does the insured have to object to the change by way of written communication? 4 11 Test No. 1, Question 1 has been changed: 1. (a) State TWO (2) ways that automobile insurance is distributed in Canada. (4 marks) (b) Name the six standard automobile policy forms in Canada. (c) State the type of automobile risk covered by each standard policy form. (6 marks) (6 marks) (d) Describe the use of insurance policies in provinces where crown corporations provide automobile insurance coverage. (4 marks) Please insert Study 5 (attached) into the student resource guide. 7 4 Model Multiple-Choice Question 5 has been changed: 5. How long must insureds wait after reporting their vehicle stolen to the policy for transportation replacement coverage to start? 7 8 Model Narrative Answer 2 the following was added to the end of this section: - The insurer also pays for transportation replacement expense if there is a theft of the entire insured vehicle. 8 1 Learning Objective 1 has been changed: Identify the possible sources of indemnity for residents of particular Atlantic Provinces injured there by an uninsured or unidentified motorist. 9 3 Key Point Review Question 15 has been replaced: 15. Why are war risks excluded from coverage? 10 4 Model multiple-choice Question 1 has been replaced: 1. The Prohibited Use by Insured condition provides that, except for Absolute Liability and certain allowances under Accident Benefits, there is no coverage if 10 6 Model Application Question 1 has been changed: 1. Ken has been insured under an Owner's Policy (SPF 1) with Good Fortune Insurance Company for six months. Review each of the scenarios below and determine whether Ken violated any of the Statutory Conditions in his policy. Explain your answer and include any responsibilities of Ken or the insurer, Good Fortune Insurance Company, in each case. Addendum for C14 Atlantic SRG 2014 Edition May 2016 Page 2 of 5

3 10 7 Please note that numbering of Model Multiple-Choice Answers has been corrected to proper sequential order. Model Multiple-Choice Answer 5 has been changed: 5. (B) In PEI it is two years (Study 10 page 12) 10 8 First sentence under the Model Application Question 1(a) has been changed: - By not informing Good Fortune Insurance that he is using his vehicle to deliver Chinese food, Ken is violating Statutory Condition 1: Material Change in Risk Review Question 11 deleted Model Multiple-Choice Question 2(A) changed: 2. (A) Government Owned Automobiles 11 4 Model Multiple-Choice Question 3 (A D) changed: (A) Passenger Risks (B) Permission (C)Government Owned Automobiles (D) Drive Other Automobiles 11 6 Model Application Question 1(c) has been changed: (c) A father of three children under 16, who owns four all-terrain vehicles 12 4 Model Application Question 2(d) has been changed: 2. (D) write risks that are mass market 12 8 Model Application Answer 1(a) answer point has been changed where shown in text: - If this applicant already had other policies with the insurer, the underwriter should check for midterm "flags" or abeyance systems which bring policies to the attention of the underwriter for reassessment Model Multiple-Choice Answer 2 has been changed: 2. (A) Trending 13 9 Second bullet point under Model Application Answer 1(b) 2. Class of Automobile and Use changed: - Hence, in insurance terms, the taxicab has three times the amount of exposure of average autos in use 8 hours or less a day Model Multiple Choice Answer 5 Third (last) sentence changed: 5. (D)... They cannot deny basic coverage. Addendum for C14 Atlantic SRG 2014 Edition May 2016 Page 3 of 5

4 14 8 Model Narrative Question 2 British Columbia Second bullet point replaced with the following three points: - They are not necessary because ICBC is a Crown corporation with the mandate to provide insurance to all drivers. - This mandate is stated in the Insurance Vehicle Act. -All people who own and register a vehicle in B.C. have compulsory basic coverage Model Narrative Question 2 (a) changed: List FOUR (4) things that are NOT considered for fault determination under the Driver s Fault Chart Model Narrative Answer 2(a) changed: 2. (a) Liability Under the Driver's Fault Chart (any four of the following) Does not consider: -admissions of guilt -actions of pedestrians -speed -weather conditions -visibility -road conditions -light, sound, hand signals -marked or unmarked road lines (unless specified in the chart) 16 1 Learning Objectives changed: Summarize how coverage is provided in Ontario and by whom. Outline the basic compulsory coverages. State what additional coverages are available and from whom Key Point Review Questions 1, 2, and 3 changed; Questions 4, 5 and 6 deleted, and the remaining questions renumbered accordingly: 1. How doe automobile insurance forms in Ontario differ from other provinces? 2. State the mandatory coverages under the Ontario Owner s Policy. 3. List the main sections in the Ontario Owner s Policy Model Narrative Question 1 deleted Model Application Question 1, third paragraph has been changed to make it clear that Anna has no Collision coverage and (a) has been changed: Anna has an OAP 1 with basic coverage and no Collision coverage. Darryl has an OAP 1 with basic coverage plus Collision coverage with a $500 deductible. (a) How would Anna s and Darryl s insurance coverage respond to vehicle damage claims? Explain. Addendum for C14 Atlantic SRG 2014 Edition May 2016 Page 4 of 5

5 16 7 Model Narrative Answer 1 deleted Model Application Answer 1(a) Answer for Daryl changed: -Darryl -Under Collision coverage = $2,700 ($5,000 60% as he was 60% at fault less 60% of his $500 deductible = $2,700) -Under DCPD = $2,000 ($5,000 40% as he was 40% not-at-fault = $2,000) -Daryl's total recovery is $2,700 (DCPD) + $2,000 (Collision) = $4, Model Application Answer 1(b) third bullet deleted, last bullet changed: - In cases of damages for non-economic loss, once a claimant establishes that the injury meets the severity threshold, a deductible is applied to the amount of those damages with respect to each claimant Learning Objectives changed: State who provides coverage; Outline the basic compulsory coverage including limits State what additional coverages are available and from whom; Comment on the issue of fault 17 9 Model Application Answer 1(a) The point regarding Helen s coverage has been changed: - Helen under basic Auto Fund - $9,300 ($10,000 - $7,000 deductible) - Under Luther s Third Party Liability $700 - Total Helen will receive = $10,000 ($9,300 + $700) Addendum for C14 Atlantic SRG 2014 Edition May 2016 Page 5 of 5

6 C14 SRG Third Party Liability (Section A) 5 1 Learning Objectives When you finish this study, you should be able to meet the following objectives: Discuss the legal basis, in your province, for liability arising from the ownership or operation of an automobile; Under Section A of the policy Identify the individuals who will be indemnified; State the coverage provided; Explain the reason for each of the exclusions; Summarize the additional agreements of insurer; Summarize the agreements of insured. 5 1

7 C14 AUTOMOBILE INSURANCE PART1 (ATLANTIC PROVINCES) Contents Learning Objectives Questions for Study 5 A. Key Point Review Questions B. Model Multiple-Choice Questions C. Model Narrative Questions D. Model Application Question Answer Key for Study 5 B. Model Multiple-Choice Answers C. Model Narrative Answers D. Model Application Answer Scoring and Next Steps Use the balance of this page for notes or questions you want to record about your study plans. 5 2

8 SRG 5 THIRD PARTY LIABILITY (SECTION A) Questions for Study 5 (Do not submit for marking.) A. Key Point Review Questions 1. Where is the legal basis for liability arising out of motor vehicle accidents found in your province? 2. What does Third Party Liability cover? 3. Who is insured under the Third Party Liability section? 4. State two defenses to absolute liability available to insurers. 5. Who must prove that a vehicle was used without consent? 6. There are three parts to the Third Party Liability section of the automobile policy; one of them is the preamble, including exclusions. Name the other two parts. 7. With respect to the Third Party Liability section: (a) List the exclusions. (b) Name the Additional Agreements of Insurer. Where appropriate, state whether payments are part of the policy limits or not. (c) Name the Additional Agreements of Insured. 8. Distinguish between use and operation of an automobile. 9. (a) What are minimum limits? (b) Who determines minimum limits? (c) What are priorities of payment? (d) When do priorities of payment come into operation? (e) State the minimum limits applicable in the provinces and territories. (f) State the priorities of payment for two provinces. 10. Can insureds hire their own solicitors to defend them against actions brought by third parties injured in automobile accidents with them? Explain. 5 3

9 C14 AUTOMOBILE INSURANCE PART1 (ATLANTIC PROVINCES) B. Model Multiple-Choice Questions Circle the most correct answer for each multiple-choice question. 1. Under the preamble of Third Party Liability (Section A) the term use means: (A) clearing ice from the vehicle s windows. (B) a passenger getting out of the vehicle. (C) a passenger grabbing the steering wheel. (D) All of the above. 2. Which of the following is excluded from coverage as stated in Third Party Liability? (A) Damage to property carried by the insured in the automobile (B) Damage to property attached to the insured s vehicle (C) Damage to property carried by passengers in the vehicle (D) All of the above 3. Under the Additional Agreements of Insurer section of Third Party Liability (Section A), if an insured is involved in an accident that occurs in a province where the minimum limits are less than the policy limit, what will the insurer pay? (A) The total cost of the claim (B) The minimum limits of the jurisdiction where the loss occurred (C) The minimum limits stated in the policy (D) The minimum limits stated in the policy if it was a no-fault accident 4. In which province is the minimum policy limit set at $50,000? (A) Manitoba (B) Saskatchewan (C) Nova Scotia (D) Quebec 5. Priorities of Payment are heavily weighted in favor for (A) bodily injury claims. (B) property damage claims. (C) loss of use or damage claims. (D) uninsured motorist claims. (2 marks each) 5 4

10 SRG 5 THIRD PARTY LIABILITY (SECTION A) C. Model Narrative Questions 1. Describe how Section A.1 - Direct Compensation - Property Damage works in New Brunswick. (5 marks) 2. Outline the Third Party Liability (Section A) Additional Agreements of Insurer. (15 marks) 5 5

11 C14 AUTOMOBILE INSURANCE PART1 (ATLANTIC PROVINCES) D. Model Application Question 1. You are a broker in Saint John, New Brunswick, and insured, Hector, has purchased a SPF 1 policy from you for his sports car. Hector's brother Derek borrows Hector's sports car without his consent to go to the grocery store. While driving to the grocery store Derek is involved in an automobile accident with a third party. As a result of the accident the third party is injured and there is $10,000 of damage to the sports car. Derek is deemed to be 100% at-fault for the accident. (a) Is Hector legally liable for the damages that Derek caused while driving his vehicle? Explain. (7 marks) (b) What if the accident occurred in: (i) Newfoundland (7 marks) (ii) Nova Scotia (6 marks) 5 6

12 SRG 5 THIRD PARTY LIABILITY (SECTION A) Answer Key for Study 5 Please refer directly to the textbook to confirm your answers for Section A s Key Point Review Questions. B. Model Multiple-Choice Answers 1. (D) Under the preamble of the Third Party Liability (Section A) of the policy the term use can be distinguished from operation. The courts have determined that use may include such things as cleaning a motorcycle, drilling a hole in an automobile in preparation for the connection of a trailer, spilling an oil load, a passenger grabbing the steering wheel, or getting out of the automobile. (Study 5 page 5) 2. (A) Damage to property carried by the insured in the automobile is excluded under Third Party Liability (Section A). (Study 5 page 6) 3. (C) The insured's purchased limit is already greater than the provincial minimum, so the policy limit is payable. (Study 5 page 8) 4. (D) Quebec. (Study 5 page 9) 5. (A) Bodily injury claims. (Study 5 page 9) Total = 10 marks C. Model Narrative Answers 1. Direct Compensation (New Brunswick) (Study 5 pages 5-6) - In January 2005, New Brunswick introduced Direct Compensation Property Damage coverage under Section A.1 of the SPF 1. - This coverage responds when insureds are involved in accidents for which third parties are wholly - or partially responsible, - so that insured deal only with their own insurer, and do not have to claim from the third party s insurance company. - The insureds own insurer will indemnify them for the cost of repairs to the extent they were not at fault in the accident. - Fault is determined in accordance with the Insurance Act - and Fault Determination Rules made under the Act. (5 marks) 2. Additional Agreements (Study 5 pages 8-9) - The insurer agrees to: - (1) Investigate, - negotiate - and settle all reported claims; - (2) Defend any civil action brought against the insured, - even if it is groundless; - (3) Pay court costs assessed against the insured (these are subject to well defined legal Rules of Practice ) - and pay post-judgment interest on the insured portion of judgments for damages against the insured. - The insured is responsible for paying interest on that part of a judgment that is in excess of the policy limits. - Pre-judgment interest is included in the limit of liability available; - (4) Reimburse the insured for out-of-pocket expenses for immediate medical aid to third parties - this applies whether or not the insured is legally liable; 5 7

13 C14 AUTOMOBILE INSURANCE PART1 (ATLANTIC PROVINCES) - (5) The insurer will pay up to the minimum limits of the jurisdiction within Canada where the accident occurs. - The insurer will increase the insured s purchased limit to bring it up to the minimum limit required in the jurisdiction where the loss occurred. - If the insured s purchased limit is already greater than the minimum, then the policy limit is payable. - (6) The insurer agrees that it will not use a defense to a claim which could be set up in the insured s home province - or territory if such a defense may not be used where the accident occurred. (15 marks) D. Model Application Answers 1. Coverage (a) Third Party Liability (New Brunswick) (Study 5 page 3) - Hector will not be liable for the damages caused by his brother Derek if he can prove that his automobile was used without his consent. - In New Brunswick the basis of legal liability is set out in the Motor Vehicle Act, Part V Civil Liability and Liability for Motor Vehicle infractions: - Sec. 267(1): The owner of a motor vehicle or farm tractor is liable as well as the driver thereof to an action for tort as a result of negligence in the operation of the motor vehicle. - or farm tractor - unless the motor vehicle or farm tractor was at the time of the negligent operation thereof in the possession of some person other than the owner without the owner s consent. - Sec. 267(2): The subsection modifies 267(1) in that the onus is with the owner to prove the vehicle was being used without consent. - Section 269: This section further modifies 267(1) in that if the owner has made a bona fide sale - or transfer of title or interest of the vehicle, the owner is not liable. - The vehicle must also have been delivered to the purchaser before the negligent operation. - Note that both the owner and driver are liable for third party losses. - Coincidentally, the above sections also provide the insurer s only defenses to absolute liability: - lack of consent of the owner - the onus of proof is with the owner; - and bona fide sale or transfer of title of the insured vehicle. (7 marks) (b) (i) Third Party Liability (Newfoundland) (Study 5 pages 3-4) - Hector will be responsible for the damages caused by his brother Derek. - In Newfoundland the basis of legal liability is set out in the Highway Traffic Act, Part IX which deals with the basis of legal liability Legal Proceedings, Miscellaneous Offenses and Penalties: - Sec. 200.(1): Without effect upon the liability of the driver of a vehicle, the owner of a vehicle is liable for loss or damage sustained by a person because of negligence in the operation of the vehicle unless the vehicle was without the owner s consent in the possession of some person other than the owner. 5 8

14 SRG 5 THIRD PARTY LIABILITY (SECTION A) - Sec. 200(2): A person driving a vehicle who is living with and as a member of the family of the owner of the vehicle shall be considered to be in a possession of it with the owner s consent unless the contrary is proved. - Notice that this is slightly different than for New Brunswick in that a family member of the same household as the owner is considered to be operating the vehicle with the owner s consent unless the owner proves otherwise. - These two sections still leave the owner with the onus to prove the vehicle was used without consent, if that was the case. - Although no mention is made of sale or transfer of title of the vehicle as in the Motor Vehicle Act for New Brunswick, the Highway Traffic Act describes the owner in Sec. 198, so that the same two defenses to absolute liability are available. Owner means: - the person to whom the vehicle is registered or who holds legal title - the mortgagor, if the mortgagor is entitled to possession - the person in possession of the vehicle in the case of a hire-purchase agreement - the buyer under a conditional sale contract, if the buyer is entitled to possession. (7 marks) (ii) Third Party Liability (Nova Scotia) (Study 5 pages 4-5) - Hector will be responsible for the damages caused by his brother Derek. - In Nova Scotia the basis of legal liability is set out in the Motor Vehicle Act which provides the basis for legal liability under the heading, Liability of Owner: - Onus of proof of liability (1): Where any injury, loss or damage is incurred or sustained by any person by reason of the presence of a motor vehicle upon a highway, the onus of proof; - (b) that such injury, loss or damage did not entirely or solely arise through the negligent or improper conduct of the operator of the motor vehicle, shall be upon the owner or operator of the motor vehicle. - The Act goes on to place with the owner the onus of proof that the vehicle was being used without consent, if that was the case, and refers to family members in the same was as the Highway Traffic Act in Newfoundland. - Owner is also defined in much the same way in the Interpretation section of the Act, so that again, the same two defences to absolute liability are available as present in New Brunswick and Newfoundland. (6 marks) Total = 20 marks 5 9

15 C14 AUTOMOBILE INSURANCE PART1 (ATLANTIC PROVINCES) Scoring and Next Steps 100% 80% 60% 40% Nicely done! You have completed this study of the student resource guide. Now is the time to see how you did. This step is one that you should not ignore, as it will measure your understanding of the study material you have just completed. It is important to be comfortable with the information and concepts covered in this study before progressing to subsequent studies. 20% How it works 1. Tally up your marks from sections B, C, and D and enter your marks in the appropriate spaces below. 2. Add the marks from the two sections together for your total mark for the study. Enter that figure on the Total marks line below. 3. Calculate your percentage score by dividing your total mark by the total possible marks, and then multiplying the answer by 100. Enter this in the Percentage line below. Total marks for multiple-choice questions in Section B /10 Total marks for narrative questions in Section C /20 Total marks for the application question in Section D /20 Total marks /50 Percentage ( /50) x 100 = % 4. Check your percentage score against the scale below to gauge how well you did and reflect on your options before moving on to the next study. Your score From 80% to 100% From 60% to 79% From 0% to 59% Your next steps Excellent job! You are ready to advance to the next study. Review any material that you feel uncertain about to prepare yourself even more. Good work. Review the questions you did not receive marks for. Refer to the text and answer key when examining your own answers, so you can correct your understanding. A strong grasp of the information in this study will prepare you for the next study. Take this opportunity to strengthen your fundamental understanding of this study. Consider reviewing the material in the text and redoing the test. Once you feel comfortable with the material, advance to the next study. 5 10