Keyword
family protection endorsement
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…
Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage
June 9, 2022 by David GambrillWhether or not a daughter is entitled to auto insurance coverage under her mother’s OPCF 44R family protection endorsement depends on the facts of the case, and not on whether her mother believes her caregiving daughter ‘resides’ at her place,…
When do limitation periods really begin?
March 21, 2022 by Jason ContantThe limitation period under a family protection endorsement runs from final judgement or settlement, the Court of Queen’s Bench of Alberta has decided. Master in Chambers Brian Summers examined a case involving para. 6(c) of the SEF 44 Family Protection…
Top court sides with insurer in unidentified vehicle coverage dispute
March 14, 2019 by Greg MeckbachA Supreme Court of Canada decision released today means Wawanesa Mutual Insurance Company does not have to cover a claimant who says he drove off the road to avoid an oncoming vehicle. Andrew Funk was injured after he drove his…
Judges divided on how claimants prove involvement of unknown vehicles
May 29, 2018 by Greg MeckbachThe Court of Appeal of Alberta has ruled that motorists who claim to be hit by unidentified vehicles must prove that there was “physical contact,” and produce some kind of corroborating evidence of the involvement of an unknown vehicle. The…
Future CPP disability benefits not deductible from payments under Nova Scotia auto family protection endorsement: Supreme Court
January 27, 2017 by Canadian UnderwriterFuture disability benefits under the Canada Pension Plan are not deductible from auto insurers’ payments under the Nova Scotia family protection endorsement, the Supreme Court of Canada found in a ruling released Friday. Canada’s highest court restored a 2013 ruling,…
Supreme Court of Canada hears appeal over Nova Scotia auto family protection endorsement
October 7, 2016 by Canadian UnderwriterThe Supreme Court of Canada heard Wednesday an appeal from a Nova Scotia auto accident victim whose future Canada Pension Plan disability payments were ordered deducted from the amount payable under his family protection endorsement. Andrew Sebean suffered injuries to…
Ontario township not liable for under-insured taxi: Court
July 6, 2016 by Canadian UnderwriterThe Court of Appeal for Ontario recently ruled against State Farm Mutual Automobile Insurance Company when it found that a municipality that fails to enforce a bylaw stipulating taxi insurance does not owe a duty of care to parties injured…