Insurance Subrogation In Ontario
The insurance act in new brunswick contains a restriction on subrogation in section 265 4 which was considered by the new brunswick court of appeal in graham v.
Insurance subrogation in ontario. In order to provide some clarity in respect of subrogation arising from motor vehicle accidents this article will provide the legal foundation necessary to understand the subrogation rights and limitations as they apply to out of province insurers in three canadian provinces. Life insurance is not based on indemnity so the law of subrogation is not applicable to life insurance except in possibly some very remote circumstances. Originally featured in the national association of subrogation professionals magazine subrogator. Ontario british columbia and alberta.
Subrogation is a legal term unique to insurance law. Hill 2003 nbca 24 graham. 1071 2020 onsc 1456 ontario superior court of justice march 10 2020 p m. Insurance law public entity insurance exclusions duties and liabilities of insurer lincoln town v.
It means the right to recover costs for an injury caused by the fault or negligence of another person the ministry s right to subrogation is enforced through legislation. Of canada 2020 o j. Weighing in at the intersection of bankruptcy law and the doctrine of subrogation the ontario court of appeal has ruled that insurers are not entitled to commence subrogated claims in the name of bankrupt insureds. The content of this article is intended to provide a general guide to the subject matter.
Subrogation in the insurance sector especially among auto insurance policies occurs when the insurance carrier takes on the financial burden of the insured as the result of an injury or accident. Farmers mutual insurance company v pinder is a recent ontario court of appeal decision dealing with the question of subrogation rights of an insurer under the standard mortgage clause in a. In ontario the insurance act 2 oia. An action was brought against the insured town alleging it was negligent in failing to stop.
Home canadian law canadian subrogation laws rights. Specialist advice should be sought about your specific circumstances. Each year the ministry recovers over 12 million from insurance companies through subrogation.
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