The non-government auto insurance schemes click here all extend cover to insureds according of car accidents that occur within Canada, the United States, or on the vessel plying between the ports of those countries. But this must be read subject to conflict of law rules applicable to contract disputes. Although there is nothing to prevent a non-resident from obtaining insurance in one of those provinces, the insurance is going to be governed by the “proper law” of the contract. This may have the effect of imposing around the contract the terms prescribed through the law of some jurisdiction apart from that in which the contract is made. Since the terms of no-fault insurance are usually prescribed by law, the details of coverage, including benefit levels, might be not the same as those appearing in the policy. In most provinces the option of law rule applicable in these circumstances is supplied by statute. In Ontario the relevant section states: Where the subject-matter of a contract of insurance is property in Ontario or perhaps an insurable interest of a person resident in Ontario, anything of insurance, if signed, countersigned, issued or delivered in Ontario or committed to the post office in order to any carrier, messenger or agent to be delivered or handed over to the insured, his assign or agent in Ontario will be deemed to evidence a contract made therein, and also the contract will be construed according to the law thereof, and all sorts of moneys payable under the contract will be paid at the office of the chief officer or agent in Ontario from the insurer in lawful money of Canada. Car insurance quotes in Californiaautoinsurancerates.org.
Thus, in an Ontario court, Ontario law is going to be applied if a person from the criteria, like the insured being resident in the province, is met and the policy is signed or delivered there.
When the requirements from the section are not met, common law conflict of law rules may, in theory, still apply to bring a policy under the law of a particular jurisdiction. In other words, the proper law of the contract may still be that of Ontario, for instance, even when neither the topic is situated in Ontario nor the insured resident there. However, this really is unlikely to be the situation frequently because it appears the connection of the contract towards the jurisdiction must be more than the fact that the contract was prepared there. nKutzimerv. Allstate Insurance Co. , the insured would be a resident of recent Brunswick, the policy was delivered in New Brunswick and the vehicle was registered there. The insurer s office was located in Ontario and the application for insurance was received and approval given in that province. The insured sought to recuperate no-fault death benefits in the level payable underneath the Ontario scheme. The court held that New Brunswick law was the proper law from the contract. In the result, the claimant was denied Ontario benefits through the Ontario court more here.