(Public) Auto Subrogation In Canada

Slides:



Advertisements
Similar presentations
Auto Insurance - Personal
Advertisements

Are You Ready to Drive? Ask yourself…Ask yourself… –Do I have a license? –Is my car registered? –Am I covered by auto insurance?
. Additional Insureds.
Law I Chapter 18.
Chapter 18 Torts.
From Registration to Accounts Receivable – The Whole Can of Worms 2007 UBO/UBU Conference 1 Briefing:Basic Army MAC Billing Date:21 March 2007 Time:1010.
Subrogation under Japanese Law
1 Keys for Chapter 5 Keys for Chapter 5 1. Do you think the insurance company should pay the claim to the insured? Why? Yes, the insurance company should.
Auto Insurance. Why It’s Needed Accidents are expensive Car theft is common It’s required by law (in most states)
Automobile Insurance Reform in Canada: Increasing Costs and Proposed Solutions Gilles Bernier and Anne E. Kleffner WRIA Meeting - Las Vegas January 3,
Contractual Risk Review PUBLIC ENTITY PROCUREMENT.
No Fault Auto Insurance Cassie Harmer, Melissa Fjelstrom, Brent Wuehler.
Michigan No Fault Douglas A. Firth with Knight & Firth, P.C.
Workers’ Compensation and Employers’ Liability Who is an Employer? Employer Liability Under Common Law State WC Laws Federal Compensation Laws The WC and.
Insurance Basics Sharing the Risk.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
Auto Insurance September 18,2014. Liability  legal term for responsibility.
 1. Duty-The accused wrongdoer owed a duty of care to the injured person  2. Breach of Duty- the defendant’s conduct breached that duty  3. Causation-defendant’s.
Chapter 381 The Contract The Insurance Contract The Application Duties of Parties Statutory Provisions Generally part of contract by express stipulation.
Unit 6 – Civil Law.
Insurance Terms Business Essentials. Term Insurance An insurance policy that provides coverage for a limited period, the value payable only if a loss.
Chapter 38 Vehicle Insurance.
PFIN 4 Protecting Your Property 10 Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly.
Ins301- Ch 13 Auto-Insurance Third party liability First party medical payments In no-fault states: PIP coverage for medical expenses and lost income Uninsured.
DUTY OF THE ASSURED Prepared by: Ms. Norazimah Mazlan.
CHAIR:Dimitri Maniatis – Langlois Kronström Desjardins PANELLISTS:Joseph Tacetta, Esq. – Global Aerospace Inc. Robert Lawson, Q.C. – Quadrant Chambers.
Chapter 20 Negligence. The failure to exercise a reasonable amount of care in either doing or not doing something resulting in harm or injury.
Incident First Response.  Acts, Regulations, standards.
Auto Insurance Chapter Types Automobile Coverage Automobile Liability Insurance Medical Payments Coverage Physical Damage Coverage Uninsured Motorists.
12 - 1Copyright 2008, The National Underwriter Company Business Automobile Insurance  What is it?  Business automobile insurance  Covers losses due.
CHAPTER 38 VEHICLE INSURANCE. ECONOMIC RISKS OF OWNING A CAR Personal Injury 1. Bodily Injury Liability Ex. 250/ Medical Payments 3. Uninsured/Underinsured.
I SAACS & C O. Barristers & Solicitors Arie Odinocki.
SLO: I can appreciate that our legal system and the rule of law are mechanisms for settling wrongs and repairing damage in a non-violent manner.
Torts: A Civil Wrong Chapter 18. The Idea of Liability Under criminal law, wrongs committed are called crimes. Under civil law, wrongs committed are called.
TORTS: A CIVIL WRONG Chapter 18. TORTS: A CIVIL WRONG Under criminal law, wrongs committed are called crimes. Under civil law, wrongs committed are called.
CHAPTER 18 PART I Torts: A Civil Wrong. A Civil Wrong In criminal law, when someone commits a wrong, we call it a crime. In civil law, when someone commits.
(Private) Auto Subrogation in Canada. Private Auto Insurance Provinces: – Alberta, Ontario, P.E.I., New Brunswick, Nova Scotia, Newfoundland Territories.
Copyright © 2017 Pearson Education, Inc. All rights reserved. Chapter 21 Auto Insurance (Continued)
Chapter 13 Suggested Chapter Questions: 1, 5, 6, 10 1.
NASP 2008 Annual Conference Subro Goes Hollywood! SUBRO GOES HOLLYWOOD NASP 2008 Annual Conference.
Copyright © 2017 Pearson Education, Inc. All rights reserved. Homeowners Insurance, Section II Chapter 23.
LANGLEY FEDERAL CREDIT UNION CENTURA COLLEGE. LANGLEY FEDERAL CREDIT UNION Help Protect Your Business with General Liability Insurance: ___ pays for losses.
SUBROGATION AND PREMIUM. Principle of subrogation Subrogation is the substitution of one person in place of another, whether as a creditor or as a possessor.
The Messy Auto Property Damage File Prickly Issues for the Insurance Professional and Subrogation Attorney.
Auto Insurance 101 Gene Brooks.
Risk Management 101.
PURSUING COMPENSATION FOR SEXUAL ABUSE SURVIVORS: CIVIL ACTIONS
Recovery of certain Benefits & Assistance (RBA) Scheme
PFIN 10 Protecting Your Property 5 BILLINGSLEY/ GITMAN/ JOEHNK/
Civil Tort Law Trial Procedure Civil Remedies (Tort Action)
Auto Insurance.
A Single Claimant Qualified Settlement Fund
Why do we need car insurance? Video
Personal Injury Lawyer - Fiat Justitia
NJ CAR INSURANCE 1.
Workers’ Compensation and Employers’ Liability
Torts.
Torts.
Automobile Insurance Personal Finance.
Torts “ Civil Wrongs” Chapter 17
Chapter 5 The Personal Auto Policy (PAP)
Car and other auto accidents in Indianapolis present unique problems when it comes to the presence of insurance. Indianapolis has a mandatory car liability.
STRUCTURE OF THE PRESENTATION
Negligence Ms. Weigl.
By : DeAndre Thomas 5th period #2k12 we going in!
Hideaki Otsuka Waseda Univ. Law School
Civil Law 3.1 Intro To Civil Law
Taking your Case to Court
Understanding & Mitigating Risks in Contracts
SUBROGATION Meora Teitler.
Presentation transcript:

(Public) Auto Subrogation In Canada

ICBC (Insurance Corporation of British Columbia) www.icbc.com Crown Corporation operating March 1974 Governing Legislation Insurance Corporation Act, R.S.B.C. 1996, c. 228 Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231

SGI (Saskatchewan Government Insurance) www.sgi.sk.ca Crown Corporation operating April 1946 Governing Legislation The Automobile Accident Insurance Act, R.S.S., 1978, c. A-35

MPI (Manitoba Public Insurance) www.mpi.mb.ca Crown Corporation operating November 1971 Governing Legislation The Manitoba Public Insurance Corporation Act, C.C.S.M., c. P215

SAAQ (Societe de l’Assurance Automobile du Quebec) www.saaq.qc.ca Government Corporation established 1977 Governing Legislation An Act respecting the SAAQ, R.S.Q., c. S-11.011 Automobile Insurance Act, R.S.Q., c. A-25

DIFFERENCES BETWEEN PUBLIC SCHEMES

Differences PD BI BC No-fault Tort SK No-fault (‘95) & Tort (‘03) MB Jurisdiction PD BI BC No-fault Tort SK No-fault (‘95) & Tort (‘03) MB No-fault (‘94) QC Private

HOW THE PUBLIC SCHEME WORKS

Physical Damage Generally, there is no-fault first party coverage. Insured may sue for uninsured portions or determination of liability.

In British Columbia you may sue. Bodily Injury Manitoba and Quebec entitled to no-fault compensation no law suits. Saskatchewan may sue if your gross income exceeds the no-fault amount since 2003 may sue if you opted out of no-fault. In British Columbia you may sue.

SUBROGATION WITHIN SCHEME

Physical Damage Subrogation Generally, upon payment of damage claim, or upon accepting liability to pay, the public insurer is subrogated to and an assignee of all the insured’s rights of recovery from a liable third party. BC – s. 84 SK – s. 80 MB – s. 26

Bodily Injury Subrogation In no-fault provinces the public insurer is entitled to bring an action against a liable non-resident to recover the amount of no-fault compensation paid to the extent they are responsible for the accident. SK – s.111 MB – s.77 QC – s.83.61

No-fault Recovery in Manitoba Subrogation re accident in Manitoba involving non-resident 77(1) Notwithstanding section 72 (no tort actions), where a person is entitled to compensation under this Part in respect of an accident that occurred in Manitoba, the corporation is subrogated to the person’s rights and is entitled to recover the amount of the compensation (a) from any person who is not resident in Manitoba, to the extent that the person is responsible for the accident;

No-fault with a Tort Twist “ [P]ursuant to subsection 77(1), the Legislature has chosen to reinstate the right of suit and to subrogate MPIC to the rights of the victim recipient of compensation. The rights which that victim would have had are the common law rights to sue the wrongdoer in tort which encompasses the right to recover compensation for his/her bodily injuries subject to proof of liability and to the principles of remoteness, foreseeability and causation. “ MPIC v. University of Waterloo

MPIC v. University of Waterloo Still Twistn’ Section 77 provides MPI with a recovery action in tort from which damages MPI is entitled to keep the lesser of the amount payable in tort the amount of compensation actually paid MPIC v. University of Waterloo

SUBROGATION FOR OTHERS

Physical Damage Generally entitled to exercise subrogation rights to recover physical damage in each public insurer province.

Bodily Injury No subrogation for bodily injury in no-fault provinces and significantly limited in British Columbia due to reduction of liability legislation (see s. 83 Insurance (Vehicle) Act and Gurniak v. Nordquist [2003, SCC]).

ENFORCING SUBROGATION Negotiation between insurers predominates. Mediation on large recoveries worth the expense is an option either through private mediators or court appointed mediators. Litigation is also an option in either a small claims forum or in Court of Queen’s Bench on larger recoveries.

BOTTOMLINE Facts of specific cases aside, the rules for subrogation in the provinces with public auto insurance is rather straight forward and uncomplicated. Having said that, when in doubt or the stakes are high, consult a lawyer.

QUESTIONS??