When considering your personal responsibility (part of the policy / condo owner an owner / tenant) or commercial liability, it is important to remember it covers beyond the scenario "typical" responsibility as a slip and fall. One of the most important aspects to liability insurance in Canada is that the courts, at the provincial and federal level, have long argued that the insurance companies have a duty to defend their insured against liability lawsuits, even if such combinations may be unfounded or frivolous.
under our legal system, anyone can sue anyone else for any amount, for any reason, at any time. The only thing required is for the applicant to go to the courthouse, certain documents and pay a few hundred dollars in filing fees. No matter how ridiculous a suit may seem like the NFL continue for nearly $ 89 billion on a controversial call, the court clerk does not have the ability to assess the case and so the only option is to put the case in the judicial system.
Unfortunately for the hapless defendant facing a frivolous lawsuit, each action requires some type of defense, otherwise the applicant will be able to obtain a default judgment and be able to begin the process of seizure and financial recovery. This can lead to significant legal costs, confusion and difficulty to get the decision reversed. It is important to always respond to any action.
Fortunately, your insurance and liability insurance you may have with them will be able to help. In many recent cases (like Tedford v. TD Insurance Meloche Monnex), Canadian courts have held that if there is even a small chance that a trial is to be something that would be covered by the police, insurer must fully fund without a chargeback protection to the policyholder, even if it is ultimately found that the judgment is not covered by the policy wording.
So, if you are faced with a lawsuit, it is probably a good idea to tell your broker and the insurer so you can get everything processed in a cost effective and efficient way
0 Komentar