Events & Seminars

When U.S. Insurers Face Claims in Canada: Coverage for the Cross-Border Accident

Please Join Us!

Speech Category

Insurance Law

Guest Speaker

Canadian firm Miller Thomson LLP

Location

Bullivant Houser Bailey, 888 SW Fifth Ave Ste 300, Portland OR

Date

10.10.13

Time

2:00PM - 6:00PM

Description

Please join us on October 10, 2013 for a presentation by one of Canada's leading law firms on claims arising out of cross-border auto accidents, where U.S. insurers face coverage issues, regulations and processes that differ substantially from their United States experience.

The provinces of British Columbia and Ontario each contain one of Canada's largest cities and many tourist destinations frequented by travelers from around the world. They are also home to the country's busiest Canada-U.S. border crossings, which handle huge volumes of personal and commercial vehicle traffic on a year-round basis. Accidents involving U.S. residents are inevitable, and anyone who has handled claims in both jurisdictions will know that the two provinces have vastly different auto insurance and liability regimes that often bear little or no resemblance to the "usual rules" familiar to U.S. claims handlers.

Bullivant Houser Bailey is pleased to welcome three partners of the Canadian firm Miller Thomson LLP, who will discuss the applicable auto regimes in the two provinces most traveled by U.S. drivers. 

The seminar will cover three different aspects of the cross-border claim:

  • Increased Limits Are Only The Beginning — Jonathan Hodes of the Vancouver office will review the thorny issue of how a U.S. auto policy is affected when an insured is involved in an accident in Canada, including the impact of the Power of Attorney and Undertaking filed by most insurers on claims handling. He will discuss the additional coverages that must be provided, as well as certain substantive and procedural issues applicable in British Columbia that cause confusion even among seasoned claims handlers.
  • Borrowing From Peter To Pay Paul — Talaal Bond of the London (Ontario) office will discuss the automobile tort regime in Ontario, commenting on the "threshold," statutory deductibles and the unique collateral benefits rules. While these principles on the surface appear to balance the interested parties' rights, they have had the effect of inflating non-pecuniary damages claims, spilling over into other areas of tort.
  • The SABS and Non-Earner Benefits — Daniel Strigberger of the Waterloo office will provide an overview of Ontario's no-fault accident benefit scheme. The Statutory Accident Benefits Schedule ("the SABS") forms part of every motor vehicle liability policy in Ontario. American insureds involved in motor vehicle accidents in Ontario might become entitled to many Ontario benefits that are offered in the SABS, including a 'non-earner benefit.'

This seminar will be held here at Bullivant. The event begins at 2 p.m. and each topic will run approximately 45 minutes, with a 10 minute break in between. At 5 p.m., the topics will wrap up and we'll provide beer, wine and appetizers while you network with fellow claims handlers and attendees.

About Miller Thomson LLP
Miller Thomson is home to Canada's largest nationally integrated insurance law practice group, and handles all types of insurance matters, including personal auto and commercial transportation claims across the country.

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