In fact, most people who buy a car are often unhappy with the fact that they have to shell out another colossal amount just to have
their motor vehicle insured.
Any motor vehicle liability policy that insures both commercial motor vehicles as defined in G.S. 20 - 4.01 (3d) and noncommercial motor vehicles shall provide underinsured motorist coverage in accordance with the provisions of this subsection in an amount equal to the highest limits of bodily injury liability coverage for any one noncommercial
motor vehicle insured under the policy, subject to the right of the insured to purchase greater or lesser underinsured motorist bodily injury liability coverage limits as set forth in this subsection.
Not exact matches
Our warranties are recognized by the Ontario
Motor Vehicle Industry Council (OMVIC) and the Used Car Dealers Association (UCDA) of Ontario and are fully
insured by Industrial Alliance Insurance Company which has an AM Best rating of A +.
The property side of a policy
insures physical items, such as homes, commercial buildings,
motor vehicles, and personal possessions or business inventory.
The person whose life is
insured must sign the application, giving permission for the insurance company to collect data, such as
motor vehicle records, prescription drug records and information submitted on previous health and life insurance applications.
The one noteworthy exception to this right of subrogation is in relation to a person
insured under a
motor vehicle liability policy where the person's injuries arise from the use or operation of a
vehicle (section 267.8 (18) of the Insurance Act).
A shareholder in the Casualty Department, Mark has spent his legal career defending insurance carriers, self -
insured companies and individuals on a broad array of matters including products liability, premises liability,
motor vehicle accidents and medical malpractice cases.
We represent individuals and professionals, municipalities and their agencies, business entities, trucking companies, insurers and their
insureds from claims and lawsuits for catastrophic losses and personal injuries, civil rights, construction losses and contracts, employment related practices, property damage and wrongful death arising from the transportation function and commercial
motor vehicle activity; the ownership, use and control of land (including environmentally related or toxic exposure claims); the design, manufacture, sale or use of industrial and consumer products; and liability claims against licensed professionals, including lawyers, engineers, accountants and architects, in the States of Pennsylvania and New Jersey.
Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010 - The case arose from a
motor vehicle accident in which ICBC admitted their
insured was at fault.
[42] In other words, Part 7 (at least so far as it is concerned with benefits following injury, rather than death benefits) has two related objects: to compensate an
insured person for a portion of the financial loss accrued from temporary total disability caused by a
motor vehicle accident; and, where possible, to do so in a manner that brings about the end of the total disability by returning the injured person to employment or self - sufficiency.
If the driver is an independent driver or working for a company that does not satisfy the federal requirements governing commercial
motor vehicles, a victim may find himself facing a situation where the driver and the
motor carrier for whom he worked are not
insured or are underinsured.
[54] Given the intention of parties to this type of insurance coverage, which is to compensate the
insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the
insured motor vehicle and the unidentified... [more]
The Ontario Insurance Act defines «automobile» as either (a) a
motor vehicle required under any Act to be
insured under a
motor vehicle liability policy, or (b) a
vehicle prescribed by regulation to be an automobile.
As such, it was excluded from the usual requirement that it be
insured under a
motor vehicle liability policy.
(b) hold himself, herself or itself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an
insured or an insurer for which indemnity is provided by a
motor vehicle liability policy, including a claim for Statutory Accident Benefits.
The claimant's insurance policy provided that Progressive would pay «reasonable expenses incurred for necessary medical services» received by the plaintiffs as
insureds «within three years of the date of a
motor vehicle accident.»
In the end it was the battle of «broader legislative goals»: allowing an innocent victim of a
motor vehicle accident to seek damages against an
insured person versus protecting innocent victims by promoting compulsory insurance.
(5) Despite subsection (4), if a person is a named
insured under a contract evidenced by a
motor vehicle liability policy or the person is the spouse or a dependant, as defined in the Statutory Accident Benefits Schedule, of a named
insured, the person shall claim statutory accident benefits against the insurer under that policy.
(1) Despite any other provision of this Regulation and unless otherwise agreed in writing by the named
insured and the insurer, subsection (2) applies to every
motor vehicle liability policy that is in effect on September 1, 2010 until the earlier of,
(2) Clause (1)(c) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a
motor vehicle liability policy in respect of which the excluded driver or other occupant is a named
insured.
«
insured automobile» means, in respect of a particular
motor vehicle liability policy, an automobile covered by the policy;
The
Motor Vehicle Accident Claims fund is available in situations where neither the driver or the pedestrian are
insured.
If you meet the definition of «
insured» as set out in Part 7 of the Regulations, then you can apply for no fault benefits if you've been injured in a
motor vehicle accident.
(2) The following benefits are deemed to be included in the
motor vehicle liability policy and are applicable to an
insured person in respect of the
motor vehicle liability policy:
In any action in Ontario against the licensed insurer or its
insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a
motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).
Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney for a Chicago based firm defending insurance carriers and their
insureds in personal injury and property damage claims arising from
motor vehicle collisions, as well as breach of contract and insurance coverage disputes.
226.1 An insurer that issues
motor vehicle liability policies in another province or territory of Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule may file an undertaking with the Superintendent, in the form provided by the Superintendent, providing that the insurer's
motor vehicle liability policies will provide at least the coverage described in sections 251, 265 and 268 when the
insured automobiles are operated in Ontario.
Massachusetts requires
motor vehicle owners to
insure their
vehicles.
If the plaintiff is not a named
insured, state the reason why this person is considered an
insured under the policy (for example, a «dependent relative» under the OPCF 44R or a person who had consent to drive the
vehicle involved in the
motor vehicle accident)-- it is important to note that an insurance contract is between two parties.
(3) The sum of the medical, rehabilitation and attendant care benefits paid under the
motor vehicle liability policy for any one accident in respect of an
insured person who does not sustain a catastrophic impairment as a result of the accident shall not exceed $ 1,000,000, and the limits set out in clauses 19 (1)(a) and (2)(a) do not apply.
(3) Clause (2)(b) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a
motor vehicle liability policy in respect of which the excluded driver or other occupant is a named
insured.
This ICBC claimant was involved in a
motor vehicle accident while driving a
vehicle which was
insured by the Insurance Corporation of British Columbia, ICBC.
James J. Noonan is a partner at the firm practicing primarily in the areas of personal injury and insurance defense and particularly on construction litigation, insurance coverage disputes,
motor vehicle, premises liability, and uninsured / under -
insured motorist cases.
Amy enjoys helping medical providers across the state of Florida collect the maximum amount of reimbursement from Insurance Companies, for the services provided to
insured - patients who suffered bodily injuries sustained from a
motor vehicle accident.
Where an ICBC
insured at the date of death resulting from a
motor vehicle accident comes within an age group set out in column A of the following Table and the
insured has the status set out in column B, C or D, the amount of death benefit payable under section 92 is the amount set out below that status and opposite that age group.
In other words, if a negligent
motor vehicle operator with 50k policy liability limit rear ends a pickup truck motorist and the pickup truck driver has 50k in medical bills as well as lost wages, traumatic brain injury and pain and suffering then the injured motorist can collect the $ 25,000 policy from the tortfeasor in addition to his own $ 100,000 under -
insured motorist policy for a total of $ 125,000.
A pedestrian struck by an uninsured
vehicle may file a claim for No - Fault benefits with his own
motor vehicle's No - Fault, if the person owns an
insured vehicle or, if not, from the insurance company that
insures any
vehicle owned by a relative living in the injured person's household.
If the injured person is not
insured under any policy of
motor vehicle insurance then the application must be submitted to the City of Ottawa, Rick Management, 110 Laurier Avenue West, Ottawa K1P 1J1.
«
insured automobile» means, in respect of a particular
motor vehicle liability policy, an automobile covered by the policy; («automobile assurée»)
One of the objectives of the
motor vehicle insurance contracts in Ontario is to secure peace of mind by providing some financial and psychological security to all
insured drivers.
Section 265 coverage compensates victims of
motor vehicle accidents for their injuries by uninsured or unidentified drivers and is different and apart from underinsured claims for inadequately
insured drivers.
Snowmobiles and ATVs in NB, NS and PEI are considered
motor vehicles and must be
insured, which means you have access to the same benefits that you have with a car or motorcycle.
However, ARS § 20 - 259.01 requires that every insurer writing an automobile liability or
motor vehicle liability policy offer, in writing, uninsured and underinsured coverage to their
insureds in an amount equal to the
insured's liability coverage.
Eventually, she received benefits from Zurich Insurance Company, which
insured Wheels 4 Rent's rental
vehicles pursuant to a «
motor vehicle liability policy».
-- On August 14, 1993, Ms. Janousek, a pedestrian, was struck by an uninsured
vehicle driven by Shawn Montreul — After hitting Ms. Janousek, the vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied vehicles in the parking lot — These vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three vehicles came into contact with Ms. Janousek or the uninsured vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle driven by Shawn Montreul — After hitting Ms. Janousek, the
vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied vehicles in the parking lot — These vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three vehicles came into contact with Ms. Janousek or the uninsured vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied
vehicles in the parking lot — These
vehicles were
insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three
vehicles came into contact with Ms. Janousek or the uninsured
vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the
Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c. I. 8.
The Insurance Act states that every
motor vehicle liability policy issued in Ontario shall provide that the
insured appoints the insurer as its attorney to defend any action against the
insured arising out of the ownership, use or operation of the automobile: Insurance Act, R.S.O. 1990, c. I. 8, s. 252 (1)(c).
It would not be to the benefit of either the
insured or the insurer to have charges relating to the storage of
motor vehicles involved in accidents mount up while those issues are resolved.
Insurance litigation with emphasis on
Motor Vehicle Accident Benefit Claims,
Motor Vehicle Liability, Personal Injury, Catastrophic Injury Claims, Coverage Opinions, Occupiers Liability, Social Host, CGL losses, Product Liability, Defence of Insurers and
Insureds; and Liability and Casualty insurance.
Michael has significant experience in all aspects of personal injury litigation arising from
motor vehicle accidents, occupier's liability matters, as well as expertise in the representation of
insured persons in first party accident benefits claims.
The Liability Insurance Company asserted that «claim fell within an exclusion that removed from UM coverage any bodily injury suffered by an
insured «[w] hile «occupying,» or when struck by, any
motor vehicle owned by that «
insured» which is not
insured for this coverage.»