The non-government auto insurance schemes he has a good point all extend cover to insureds according of car accidents that occur within Canada, the United States, or on the vessel plying between your ports of those countries. But this should be read susceptible to conflict of law rules applicable to contract disputes. Although there is nothing to prevent a non-resident from obtaining insurance in one of these provinces, the insurance will be governed by the “proper law” of the contract. This might have the result of imposing on the contract the terms prescribed by the law of some jurisdiction other than that where the contract was made. Since the terms of no-fault insurance are invariably prescribed legally, the facts of coverage, including benefit levels, may be not the same as those appearing within the policy. In most provinces the option of law rule applicable during these circumstances is supplied by statute. In Ontario the appropriate section states: In which the subject-matter of the contract of insurance is property in Ontario or an insurable interest of a person resident in Ontario, anything of insurance, if signed, countersigned, issued or delivered in Ontario or dedicated to the post office in order to any carrier, messenger or agent to become 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 based on the law thereof, and all moneys payable under the contract shall be paid in the office from the chief officer or agent in Ontario of the insurer in lawful money of Canada. Car insurance quotes in Californiaautoinsurancerates.org.
Thus, within an Ontario court, Ontario law will be applied if one of the criteria, such as the insured being resident within the province, is met and the policy is signed or delivered there.
When the requirements of the section aren’t met, common law conflict of law rules may, theoretically, still affect bring a policy underneath the law of the particular jurisdiction. In other words, the correct law from the contract may still be that of Ontario, for example, even when neither the subject matter is situated in Ontario nor the insured resident there. However, this really is unlikely to become the case frequently since it appears that the connection from the contract towards the jurisdiction must be more than the fact that anything 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 situated in Ontario and the application for insurance was received and approval given in that province. The insured sought to recover no-fault death benefits in the level payable under the Ontario scheme. The court held that New Brunswick law was the proper law of the contract. In the end result, the claimant was denied Ontario benefits by the Ontario court more here.