The non-government auto insurance schemes linked here all extend cover to insureds in respect of car accidents that occur within Canada, the United States, or on a vessel plying between your ports of those countries. However this must be read subject to conflict of law rules applicable to contract disputes. While there is absolutely nothing to prevent a non-resident from obtaining insurance in a single of those provinces, the insurance will be governed by the “proper law” from the contract. This might have the effect of imposing on the contract the terms prescribed by the law of some jurisdiction apart from that where the contract is made. Since the relation to no-fault insurance are invariably prescribed by law, 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 in these circumstances is supplied by statute. In Ontario the relevant section states: Where the subject-matter of a contract of insurance coverage 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 dedicated to the post office in order to any carrier, messenger or agent to become delivered or paid to the insured, his assign or agent in Ontario will be deemed to evidence an agreement made therein, and the contract shall be construed based on the law thereof, and all sorts of moneys payable underneath the contract shall be paid at 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 a person of the criteria, like the insured being resident in the province, is met and also the policy is signed or delivered there.
When the requirements from the section are not met, common law conflict of law rules may, theoretically, still affect bring a policy under the law of a particular jurisdiction. Quite simply, the proper law from the contract may still be that of Ontario, for example, even if neither the topic can be found in Ontario nor the insured resident there. However, this is unlikely to become the situation very often because it appears that the connection of the contract to the jurisdiction must be a lot more than the truth 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 also 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 at the level payable under the Ontario scheme. The court held that New Brunswick law was the correct law of the contract. In the result, the claimant was denied Ontario benefits by the Ontario court more here.