In this presentation, Shelley Miller Q.C. and Jennifer Halloran discuss the Amendments to the Alberta and British Columbia Insurance Acts, effective July 1, 2012.
Topics include:
Revisions of Fire Provisions
Statutory Conditions
Limitation Periods
Full Disclosure Requirements
Proportionate Contributions - s. 28.1(1)
Recovery by Innocent Persons
Subrogation
Relief from Forfeiture; Unjust Provisions
Electronic Communications
Cancellation of Insurance
Dispute Resolution Process
Access to Documents
Court Ordered Advance Payment
Retroactive Effect
Landlord Tenants: Leases: An Ounce Of PreventionEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part one discusses Leases.
Landlord Tenants: Leases: An Ounce Of PreventionEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part one discusses Leases.
Paul Vogel, CEO of Argos Family Office, shares how trusts are taxed in Missouri and other states and what every advisor should know when preparing a Trust Tax Return. He presents the different types of trusts for federal tax purposes, including grantor trusts, complex trusts and simple trusts and discusses how they are recognized at the state level and specifically what a Missouri Resident Trust entails and how Non-Resident Trusts are taxed.
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Around the U.S. in 90 Minutes (Stuff we think about when choosing a jurisdict...Matthew McClintock
Families and business owners are often best protected by planning under the laws of other states. The law allows you to be selective! (A presentation to the ePlanners network on 6/21/19 in Breckenridge, CO.)
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
A comprehensive guide to the laws governing surrogacy arrangements in North Transatlantic (the UK, the USA, and Canada). DOI: 10.13140/RG.2.1.4485.2888
OCR opened a compliance review of Concentra Health Services (Concentra) upon receiving a breach report that an unencrypted laptop was stolen from one of its facilities, the Springfield Missouri Physical Therapy Center. OCR’s investigation revealed that Concentra had previously recognized in multiple risk analyses that a lack of encryption on its laptops, desktop computers, medical equipment, tablets and other devices containing electronic protected health information (ePHI) was a critical risk. While steps were taken to begin encryption, Concentra’s efforts were incomplete and inconsistent over time leaving patient PHI vulnerable throughout the organization. OCR’s investigation further found Concentra had insufficient security management processes in place to safeguard patient information. Concentra has agreed to pay OCR $1,725,220 to settle potential violations and will adopt a corrective action plan to evidence their remediation of these findings.
Brett S. Lininger, Esq., Principal at Semmes, Bowen, Semmes presented - “Property & Casualty Legislative Up-Date” at the October 2013 67th Annual F. Addison Fowler Seminar held by The Insurance Roundtable of Baltimore in Hunt Valley, MD
Fischetti Law Group is here to provide you with the legal guidance and resources needed for a variety of practice areas, no matter what happened. Our experienced professionals are qualified in a range of services, from car accidents to nursing home abuse, personal injury protection payouts, and homeowners insurance claims. Rest assured that your case will be handled by an expert. Take advantage of our broad list of services today!
Our attorneys primarily litigate cases related to homeowner’s insurance claims, personal injury protection (PIP), insurance claims, and bodily injury and/or harm caused by negligence. This includes car accidents, nursing home abuse, and slip-and-fall accidents. If you’re not sure if we can help you with your case, contact us today to find out more information. We’re available every Monday through Friday from 8:30 am to 6:00 pm. We can also schedule a time to meet with you on the weekends if that’s preferred.
Our present locations include Fort Pierce Attorney Office (satellite offices) and Boynton Beach Florida Attorney Office (central hub and primary office location). However, we’ve taken cases throughout the entire state of Florida.
Paul Vogel, CEO of Argos Family Office, shares how trusts are taxed in Missouri and other states and what every advisor should know when preparing a Trust Tax Return. He presents the different types of trusts for federal tax purposes, including grantor trusts, complex trusts and simple trusts and discusses how they are recognized at the state level and specifically what a Missouri Resident Trust entails and how Non-Resident Trusts are taxed.
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Around the U.S. in 90 Minutes (Stuff we think about when choosing a jurisdict...Matthew McClintock
Families and business owners are often best protected by planning under the laws of other states. The law allows you to be selective! (A presentation to the ePlanners network on 6/21/19 in Breckenridge, CO.)
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
A comprehensive guide to the laws governing surrogacy arrangements in North Transatlantic (the UK, the USA, and Canada). DOI: 10.13140/RG.2.1.4485.2888
OCR opened a compliance review of Concentra Health Services (Concentra) upon receiving a breach report that an unencrypted laptop was stolen from one of its facilities, the Springfield Missouri Physical Therapy Center. OCR’s investigation revealed that Concentra had previously recognized in multiple risk analyses that a lack of encryption on its laptops, desktop computers, medical equipment, tablets and other devices containing electronic protected health information (ePHI) was a critical risk. While steps were taken to begin encryption, Concentra’s efforts were incomplete and inconsistent over time leaving patient PHI vulnerable throughout the organization. OCR’s investigation further found Concentra had insufficient security management processes in place to safeguard patient information. Concentra has agreed to pay OCR $1,725,220 to settle potential violations and will adopt a corrective action plan to evidence their remediation of these findings.
Brett S. Lininger, Esq., Principal at Semmes, Bowen, Semmes presented - “Property & Casualty Legislative Up-Date” at the October 2013 67th Annual F. Addison Fowler Seminar held by The Insurance Roundtable of Baltimore in Hunt Valley, MD
Fischetti Law Group is here to provide you with the legal guidance and resources needed for a variety of practice areas, no matter what happened. Our experienced professionals are qualified in a range of services, from car accidents to nursing home abuse, personal injury protection payouts, and homeowners insurance claims. Rest assured that your case will be handled by an expert. Take advantage of our broad list of services today!
Our attorneys primarily litigate cases related to homeowner’s insurance claims, personal injury protection (PIP), insurance claims, and bodily injury and/or harm caused by negligence. This includes car accidents, nursing home abuse, and slip-and-fall accidents. If you’re not sure if we can help you with your case, contact us today to find out more information. We’re available every Monday through Friday from 8:30 am to 6:00 pm. We can also schedule a time to meet with you on the weekends if that’s preferred.
Our present locations include Fort Pierce Attorney Office (satellite offices) and Boynton Beach Florida Attorney Office (central hub and primary office location). However, we’ve taken cases throughout the entire state of Florida.
The purpose of this Act is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of different states. Cease and Desist and Penalty Orders. Unfair Claims Practices Defined.
CoesterVMS and James Milano Present The New Ability to Repay and Qualified Mo...Dana Bonsell
CoesterVMS presented the webinar: The New Ability to Repay and Qualified Mortgage Rule featuring panelist James M. Milano, a partner with DC law firm Weiner Brodsky Kider PC. This is the material that he presented.
The New Ability to Repay and Qualified Mortgage RuleLaura Hite
The webinar reviewed the Dodd-Frank Act's Ability to Repay requirements for residential mortgage loans, the Bureau's proposed definition of a qualified mortgage and how lenders making such loans can comply with the Ability to Repay requirements. We also reviewed the rule’s anticipated effective date, as well as its expected impacts on mortgage operations and product offerings going forward. Attendees will receive the most recent information on this soon to be issued Bureau rule, how to plan for the operational challenges to comply with the new Ability to Repay and qualified mortgage requirements.
Key Bankruptcy Considerations Heading into a RecessionQuarles & Brady
As the impact of the COVID-19 pandemic continues to evolve, US businesses are already feeling the impact of a potential economic downturn. Presenters will discuss key considerations that may present themselves in the event of a recession, including modification and forbearance agreements, amendment/default scenarios, risks regarding "slow pay" and termination of key contracts, and priority rights of suppliers in bankruptcy, as well as implications of the Small Business Bankruptcy Act for potential debtors.
No two chapter 11 cases are alike and no two chapter 11 cases involving a retail business are alike. There are, nonetheless, certain issues that tend to arise in most retail cases. Among them: the retention of a liquidation firm; lease assumption and rejection; the claim priority of rent during a month that straddles the Petition Date or a rejection date; and consumer deposit issues. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11- INDUSTRY FOCUS 2022
See more at https://www.financialpoise.com/webinars/
Brush up on your Florida Construction Defect Law to better serve your clients. Presentation by Thomas Oglesby, Esq. from Resnick & Louis, P.C. Attorneys at Law
Foreign Workers, International Tax and Oil & Gas Market UpdateNow Dentons
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- We Need Foreign Workers Now
- New Developments in Permanent Residence Applications for Workers
- State of Canada’s Oil & Gas Industry and Future Employment Needs
- Taxation in Canada
In this presentation, FMC Partners Rob McDonald and Marlon Rajakaruna describe the importance of protecting your start-up company’s intellectual property (IP). The following topics are discussed:
- Types of Intellectual Property
- Patents
- Copyright
- Trade-marks
- Other Ways to Protect IP
- Protecting Your IP in Commercial Agreements
Privacy and Security in Mobile E-CommerceNow Dentons
In this presentation, FMC’s Timothy Banks describes the important issues to consider when thinking about privacy and security in mobile e-commerce. The presentation includes a discussion of the following topics:
- Outlines for M-Commerce
- Overview of Guidelines
- Special Issues (address book information, online behavioral tracking and analytics, geolocation data, children, and ongoing emerging issues)
- Transparency and Accountability in Design (consent, representations and disclaimers and applying Canada’s Anti-Spam Legislation)
- The three dimensions of M-Commerce
In this presentation, FMC’s Bernard Roth outlines the current trends in energy regulatory law. The presentation includes the following topics:
- Trends in Facilities Regulation
- Alberta Non-Utility Oil and Gas Facilities
- AER Structure
- Responsible Energy Development
- Federal Budget Legislative Changes
- Federal Fisheries Act
- Navigable Waters Protection Act
- Canadian Environmental Assessment Act
- Trends in Utilities Regulation
- Performance Based Regulation for Alberta Utilities
In this presentation, FMC’s Bill Gilliland and Dan Shea discuss deal points relating to survey of deals and deal terms, including:
• Survey
• Material Adverse Change
• Non-solicitation and Superior Proposals
• Regulatory Approval Language
• Break Fees
• Expense Reimbursement
• Go-Shop Provisions
In this presentation, FMC’s Doris Bonora and Mark Woltersdorf outline the important considerations when planning before death, including:
- Power of Attorney
- Personal Directive
- Farm Tax Planning
- Estate Freeze
- Wills
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In this presentation, FMC’s Leanne Krawchuk discusses risk apportionment in the purchase and sale transaction, including:
- Representations and Warranties
- Indemnity Clauses and Limitations
- Purchase Price Adjustments and Holdbacks/Escrow
- Maximize the Value Proposition
- Due Diligence
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In this presentation, FMC’s Heather Barnhouse discusses the purpose of a letter of intent (LOI) and the common issues with LOI. She then discusses a relevant case (IHAG – Holding A.G. c. Intrawest Corporation, 2009 QCCS 2699) and provides an overview of the lessons learned and future application.
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1. Changing Copyright Rules: User Generated Content
2. How Social Media is changing your marketing practices and how you protect your brand
3. Yours, Mine and Ours: Best practices for third-party content (partners & consumers)
In this presentation, FMC's Alan Hutchison discusses Preliminary Economic Assessments (PEAs) by going over the recent focus on PEAs, providing important considerations, and going through 4 different scenarios related to PEAs.
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Gal Smolar is a partner in FMC’s Vancouver office. Gal is a Practitioner of Foreign Law and brings to Fraser Milner Casgrain his broad international experience in commercial and corporate law and in particular in the field of technology.
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In this presentation, Rob McDonald and Stephen Parker discuss the following topics related to intellectual property:
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Ethnobotany and Ethnopharmacology:
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Impact of Ethnobotany in traditional medicine,
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Role of Ethnopharmacology in drug evaluation,
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This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
2. Background
Critique of Courts
• Noted prevailing Insurance Acts based on outmoded classes of
insurance
• Modern policies could not be fit under statutory provisions
providing for one year limitation periods
Legislators’ objectives
• Maintain and enhance consumer protection
• Ensure rights and obligations of parties were well‐understood
• Modernize framework for auto, liability, property, commercial,
accident, sickness and life insurance contracts
• AB and BC to harmonize amendments for greater consistency
2
3. Background
• British Columbia – December 1, 2011 Order in Council
provided that the Insurance Amendment Act 2009 and
Regulations will come into force effective July 1, 2012
• Alberta – Insurance Amendment Act 2008 proclaimed
July 13, 2011 with many relevant sections proclaimed in
force July 1, 2012 (by Order in Council 325/2011)
3
4. Summary of Key Amendments
• Revision of Fire Provisions • Subrogation, Relief from
– Fire exclusions restricted Forfeiture, Unjust or
Unreasonable Conditions
• Statutory Conditions • Electronic
• Limitation Periods Communications
• Disclosure Requirements • Insurance Cancellation
• Dispute Resolution
• Proportionate
• Access to Documents
Contributions
• Court Ordered Advance
• Recovery by Innocent Payment
Persons • Retroactive Effect
4
5. Revision of Fire Provisions
Merger of Fire Insurance Part into General Insurance
Provisions
•In Alberta New Part 5 ‐ in British Columbia new Part 2
•General Provisions apply to every contract except life, accident and
sickness insurance, and reinsurance
•Revisions to life, accident and sickness provisions
•Insurer may not exclude fire loss coverage in a policy that
otherwise would include fire coverage
• For a fire loss occurring within 30 days of property being vacant; or,
• After insurer has issued a vacancy permit for insured property
(s. 5.7(4)AB)
** Some exceptions in the Acts and Regulations to the obligation to cover fire loss
5
6. Limited Exclusions for Fire Loss
• s. 541 of the Alberta Act and the Alberta Fair Practices Amendment
Regulation, s 5.7(2)(3) permit exclusions for
– fire by goods undergoing any process involving application of heat,
– fire caused by riot, civil commotion, war, invasion, act of a foreign
enemy, hostilities, civil war, rebellion, revolution, insurrection or
military power,
– fire if results in explosions, lightning causing loss to electrical devices or
appliances,
– loss caused by contamination by radioactive material due to fire
lightning or explosion, fire or explosion caused by criminal or
intentional act or omission of insured,
– various biological, chemical or nuclear energy hazards due to fire or
explosion caused by terrorism
– In the case of commercial property, insurers may also exclude all losses
fire and explosions due to terrorism.
6
9. Statutory Conditions
• ss. 540 and 556 (1) AB, (s. 27 (1) and 89 (a) BC)state
that:
a) the conditions set out in this section are statutory
conditions and are deemed to be part of every contract and
must be printed in every policy under the heading
“Statutory Conditions”; and,
b) no variation or omission of or addition to any statutory
condition is binding on the insured.
• Exceptions: hail, surety, and by regulation, mortgage,
title, credit, credit protection and travel insurance
9
10. Statutory Conditions
• s. 540(3) states that only stat conditions 1, 6‐13 must be
printed on contracts against loss and damage to property
• Best practice is to follow Alberta Standard Auto Policy
model
• General Conditions and Statutory Conditions in separate
stand alone sections
• Regulator will apply the test of whether the insured is
misled
• Depending on facts of each case, any variation can be
strictly enforced against the insurer
10
11. Statutory Conditions
• BC regulator suggests where • The regulators state 14 cannot
stat conditions not required be included in the statutory
in policy by other conditions
jurisdictions, wording
should be added to clearly • But did not agree whether
so indicate to insured such a clause could be
• Example: 14. Action included elsewhere
Every action or proceeding • The regulator will provide
against the Insurer for the informal guidance as to the
recovery of any claim shall suitability of the proposed
be absolutely barred unless wording before
commenced within one year implementation
after the loss or damage
occurs, unless legislation
provides otherwise.
11
12. Statutory Conditions
• We recommend for policies •For policies issued outside of AB
in AB and BC a separate page and BC we recommend a page
be attached to the policy with bold writing that states:
that states:
“These Statutory Conditions “These Statutory Conditions
apply where the insured is apply to policyholders and
domiciled or where the policies covering risks in
insured property is located jurisdictions other than Alberta
in Alberta or British and British Columbia”
Columbia”
12
14. Limitation Periods
• Must now add in policy this limitation of actions wording:
– Every action or proceeding against an insurer for the
recovery of insurance money payable under the contract is
absolutely barred unless commenced within the time set out
in the Insurance Act (BC s.8 (1) AB s. 558 (2))
– Best practice suggests place this wording just ahead of
Statutory Conditions
– We recommend also adding a heading : “Limitation of
Actions”
14
15. Limitation Periods
• ss. 526(1) AB provides time for commencing action against insurer
– if property, within 2 years from date insured knew or ought to have
known that loss or damage occurred; or
– in any other case, within 2 years from the date the cause of action
arose (except auto and hail)
– (AB auto s. 558(1), life s. 677(1) accident and sickness s.708(1)
– (BC ss. 22(1), 34, 35, 65 and 91.1.)
• In case of life insurance, the limitation is 2 years after s. 62 (AB s. 674)
evidence presented or 6 years from death whichever is earlier
– limitation periods are suspended for persons under a disability
within Limitations Act
– claimant has burden of proving limitation period suspended (s. 5 AB, s.
7 BC)
– insurers can provide lengthier limitation periods (s. 593 AB)
15
16. Full Disclosure Requirements
• Fair Practices Amendment Regulation AR128/2001, s.5.1(1) (2)
requires after July 1, 2012
• Plaintiff lawyer to give notice of its retainer within 30 days of
filing action arising from MVA
• Then Insurer must disclose:
– within 30 days existence of auto policy AND POLICY LIMITS
• Insurer may still dispute liability and amount of limits, and such
information not to be disclosed to judge or jury before
judgment given
16
17. Full Disclosure Requirements
• s. 5.3 Insurer must provide claimant with written notice of
applicable limitation period within
– 60 days from date notice of claim given to insurer
– 60 days of insured first receiving notice that insured claiming
indemnity for claim by third party against insured
– 60 days of insured first aware that claimant commenced action
under s. 579 of Act
– within 5 business days of denial of claimant’s claim
• If claimant represented by legal counsel, then insurer need not
provide notice of limitation period
17
20. Full Disclosure Requirements
BC differs:
• BC Reg. 213/2011 requires insurer give written notice to a
claimant of the limitation period
a) at the time or within 5 business days after the insurer denies
liability for all or part of the claim, and
b) at or within the 10 business days after the first anniversary of the
date the insurer receives a notice
**Unless the insurer has already adjusted the loss acceptably
to the claimant or settled the claim, or already complied with
(b) above, a notice must contain a statement that the
limitation period is set out in the Act (not required for accident
and sickness insurance)
20
21. Full Disclosure Requirements
• In BC if the notice not given, limitation period suspended for
period between the date it should have been given and was
given; or 6 years from the date the cause of action arose –
whichever is earlier
• BC does not allow a trial judge any discretion over suspension
of the limitation period
• s. 3.3 (AB) sets out confidential or commercial information
within a group life, accident and sickness insurance policy, an
insurer may withhold when insured requests a copy of the
policy wordings (s. 8 BC)
21
22. Proportionate Contributions – s. 28.1 (1)
• If more than one contract covering the loss, insurers each liable to insured
for rateable proportion of the loss, unless insurers otherwise expressly
agreed in writing.
• Regulators offer no guidance as to how these clauses apply to excess
liability coverage covering same loss– eg.
– umbrella and a CGL,
– CGL and Wrap Up; or,
– first party property coverage and coverage on CGL for “your work”
• Leaves disputing insurers to seek recourse to the courts
• Court rulings to date have not provided clear guidelines
• Courts permit insurers to contractually limit their obligation as they see fit
• Regulators agree insurers are under no obligation to amend its “Other
Insurance” clauses as a result of these amendments
• But will apply test whether an insurer’s omission would create confusion
in the mind of an insured as to its legal rights or obligations
22
23. Recovery by Innocent Persons
• Insurers may not exclude coverage for innocent co‐insureds
who
– did not participate or consent to criminal or intentional acts or
omissions by insureds or person with an insurable interest
Restrictions
• Exclusion applies only to individuals
• the innocent co‐insured must cooperate and provide additional
documents relating to the loss
– (s. 541 of the Alberta Act and the Alberta Fair Practices Amendment Regulation, s 5.; s.
28.4 of the BC Act and s. 6 of the B.C. Reg. 213/2011 ss. 5.9(1) and (2) AR 128/2011)
23
25. Subrogation
• Now right of insurer to subrogate (formally limited to auto in s.
651) extends to all insurance contracts except life, accident
and sickness and reinsurance (s. 546 AB)
• When insured entitled to more than only deductible and
parties cannot agree on how to manage the action, either party
can apply for directions
25
26. Relief from Forfeiture; Unjust provisions
• Relief from forfeiture‐ if court considers forfeiture inequitable
because of breach of statutory condition or condition or term of
contract, by insured or claimant, court may relieve against
forfeiture (s. 520 AB) (s. 24 Law and Equity Act‐BC)
• Insured may seek relief from contractual term or condition
material to risk regarding use, condition, location or
maintenance of the insured property (s. 28.3 BC)
• Regulator indicates permissible to add wording to indicate
reference should be made to the Insurance Amendment Act and
Regulations
26
27. Electronic Communications
• s. 547 allows for the transmission in electronic form of
records, contracts or declarations
• When sent electronically, they are deemed to have been
sent by registered mail within the meaning of Act
• Exceptions
• s. 5.4 of Fair Practices Regulation lists instances where
the parties may not use electronic communications, e.g.
insurer’s notice terminating a contract or insured change
of beneficiary
27
28. Cancellation of Insurance
• Previously insurers could terminate a policy “forthwith” by
providing written notice by registered mail as soon as the
insured did not comply with the promise to pay
• Now, insurer may terminate only in accordance with
statutory or policy condition (s. 522 (3) AB)
• If no express statutory condition on this issue, the right to
terminate immediately via registered mail still in force
28
29. Cancellation of Insurance
• Act provides the following Insurer’s cancellation
obligations:
– either 15 days notice via registered mail (starting from day
notice delivered to the insured’s postal address); or,
– 5 days written notice via personal delivery to Insured
• Ability to terminate through registered mail preserved for
life insurance and reinsurance claims
**If insurable loss occurs within notice time frame the
Insured still covered under the policy
– (ss. 4, 5(1)(a)(b), 35, 37.1, 47.1 BC)
29
30. Dispute Resolution Process (DRP)
• s. 519 – process more extensive than former s. 514
• strengthened consumer protection,
• Representative cannot be employee of insurer or insured
• Process for case where umpire not agreed on
• Insurer must give written notice of the availability of the DRP:
a) within 10 days after insurer determines there is a dispute to which
the DRP applies; or,
b) within 70 days after the insured submits a proof of loss, if at that
time the insurer has not yet made a decision with respect to a
matter to which the DRP applies
30
31. Access to Documents
• s. 642 (4) – insurer required to provide insured or claimant, on
request, a copy of the entire contract and any written
statements or other records provided to insurer as evidence of
insurability
• s. 642 (5) and (6) – list of documents and insurer is required to
provide in the cases of a group insurance and creditors group
insurance
• s. 642 (9) – claimants access to documents only extends to
information relevant to the claim or denial of the claim under
the contract
31
32. Court Ordered Advance Payment
• s. 5.6 permit a claimant involved in a personal injury
claim to apply for a court order for an advance payment
(s. 581 AB)
• Court may make order under s. 581 where satisfied:
– as a result of the injuries, the claimant is unable to pay for
the necessities of life; or,
– the payment is otherwise appropriate
• Except advance payments not payable when liability in
dispute
32