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Property > Study 2 > Flashcards

Study 2 Flashcards

1
Q

Common Law

A

A system of laws originating and developed in England by judges based on court decisions and similar tribunals. Also known as case law or the law of precedent.

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2
Q

Civil Code of Québec

A

The civil code in force in the province of Quebec.

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3
Q

precedent

A

A legal decision that serves as a basis to resolve subsequent disputes in similar cases

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4
Q

case law

A

The body of a previously decided case that courts review for guidance on cases currently in dispute

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5
Q

Statute Law

A

A law set down in a government act and passed by legislature

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6
Q

contra proferentem

A

A legal term that provides that any ambiguity in a contract must be interpreted against the person who drew the contract because that person had the opportunity to make it clear.

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7
Q

material facts

A

A fact that would affect a contract of insurance enough to influence an insurer’s decision regarding whether to accept or reject the risk or the premium to be set. Material facts must be disclosed by the applicant if asked about.

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8
Q

ab initio

A

A Latin term meaning “to go back to the beginning.” When a policy is rejected or made void ab initio, premium is refunded entirely, and the contract is treated as though it never existed.

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9
Q

privity of contract

A

Relationship that exists between two parties or more by virtue of their having entered into a contract.

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10
Q

short-rate cancellation

A

The cancellation by the insured of a policy before its natural expiration; the insurer pays a return premium that is less than the proportionate part that remains unearned.

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11
Q

minimum retained premium

A

minimum retained premium
A premium specified on an individual policy that is the minimum amount retained by the insurer in the event that the policy is cancelled midterm by the insured.

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12
Q

Proof of Loss

A

proof of loss
A formal statement of facts about a loss, attested to by the claimant, in a form specified by the insurer. A proof of loss may need to be notarized. An insurer must respond to a proof of loss after a specified time period with a formal disposition of the claim (approved or denied).

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13
Q

subrogation

A

Legal process by which an insurance company, after the payment of a loss, is assigned the rights of the insured to recover the amount of the loss from those who are legally liable for it.

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14
Q

Personal Information Protection and Electronic Documents Act (PIPEDA)

A

A federal statute that governs the collection and use of personal information. It states that personal information to be collected must be relevant, and that all information that has been collected, is being collected, or will be collected must be held in the strictest of confidence.

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15
Q

Civil law is concerned with _______

A

settling disputes

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16
Q

In regards to Civil law, courts decide 1. and 2.

A
  1. Whether to rule in favour of the plaintiff
  2. Whesther to assess compensation
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17
Q

2 Main systems of Civil Law

A
  1. The common law (all cept quebec)
  2. Civil code of Quebec
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18
Q

Common Law was influenced by

A

Canon (church) law and Roman Law

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19
Q

Common Law was developed as unwritten law based on the rule of

A

Precedent

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20
Q

What is Relief from Forfeiture?

A

Insured argues the policy condition is unjust or unreasonable - insured applies to court for relief from forfeiture. If court agrees, the insured may be excused in whole or in part. ‘relieved’ from perfect compliance with that particular condition

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21
Q

QUEBEC - predecessor of The Civil Code of Quebec

A

The Civil Code of Lower Canada

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22
Q

Why is the applicant in a superior position to the insurer in applying for insurance?

A

They know the MATERIAL FACTS

23
Q

Stat Condition 2 - Property of Others

A

The insurer is not liable to pay for losses to any person other than the insured unless their interest is stated in the contract

24
Q

Stat Condition 3 - Change of Interest

A

This condition identifies exceptions in which the insurer is obliged to insure a new interest replacing the named insureds interest.

25
Q

Stat Condition 3 - Change of Interest Exceptions include

A
  1. An authorized assignment under the bankruptcy and Insolvency Act
  2. A change of title by Succession, operation of law, or the death of the named insured
26
Q

Another name of Heir

A

The Successor

27
Q

Statutory Condition 4 - Material Change

A

For facts that apply AFTER the policy takes effect. Stat 1 is all about before it takes effect

28
Q

Stat 4 - Material Change. If insured doesn’t inform insurer, they are

A

in BREACH

29
Q

If change in risk is discovered following a loss, burden of proof rests on the _______ that the undisclosed circumstances are _________ and that there is a ______

A

INSURER has the burden.
The changes are MATERIAL to the U/W of the risk
There is a CONNECTION between the cause of the loss and the material Change

30
Q

In Alberta, registered mail can be known as _______

A

RECORDED MAIL

31
Q

In Ontario, the alternatives to registered mail are

A

Personal Delivery or Delivery by Prepaid Courier

32
Q

_____ Days notice is required when the notice is delivered personally or by prepaid courier

A

FIVE DAYS

33
Q

______ Days noice is required when notice is delivered by recorded or registered mail

A

FIFTEEN DAYS

34
Q

When does the 15 day period begin?

A

The day following receipt of the letter at the post office to which it is addressed (In AB and BC - it begins on the day the recorded or reg. letter or notification is delivered to the insureds postal address)

35
Q

Who must the insurer also notify?

A

The Lienholders

36
Q

Statutory Condition 6 - Requirements after loss

A

Requires the insured to provide notice of a loss to the insurer in writing as soon as possible

37
Q

Statutory Condition 8 - Who may give Notice and Proof

A
  1. The insured
  2. The rep (broker / agent)
  3. any person to whom insurance money is payable may report the loss or give proof of loss
38
Q

Stat Condition 11 Appraisal - What can it not be used for?

A

Used to settle disputes on whether coverage applies for the loss.
Goes to litigation if no resolution

39
Q

Stat 12 - when loss payable.
The insurer is required to respond to it and make payment within ___ days

A

60 DAYS - can be changed by the insurer (lowered only)

40
Q

Stat 13 - Replacement
The insurer may, within _____ days of receiving the proof of loss, notify the insured in writing of its intent to directly repair or replace the damaged property.

A

30 DAYS

41
Q

Repairs must commence within _______ of the insurers receipt of the proof of loss

A

45 DAYS

42
Q

If the insurer elects to repair and the extent of damage is greater than anticipated, the insurer ____

A

Must still complete the repairs even if the additional costs are above the insurance limit

43
Q

FOIPPA stands for?

A

Freedom of Information and Protection of Privacy

44
Q

FOIPPA applies where?

A

All jurisdictions EXCEPT NB, Newfoundland, and Labrador, Quebec, and the Territories

45
Q

What is FOIPPA

A

Regulates public bodies such as prov. gov deps, munis, unis, school boards, and crown corps

Also covers professional regulatory bodies such as the LAW SOCIETY and the COLLEDGE OF PHYSICIANS and SURGEONS

46
Q

PIPA stands for?

A

PERSONAL INFORMATION PROTECTIONS ACT

47
Q

What is PIPA?

A

Governs PRIVATE SECTOR ORGS in course of Commercial Business
Contains specific provisions regarding the collection and use of elec data

48
Q

ATIPPA stands for?

A

ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT

49
Q

Where is ATIPPA applied?

A

Applies to the TERRITORIES and LABRADOR

50
Q

What is ATIPPA

A

Relates to info held by PUBLIC BODIES and the DEPT of JUSTICE

51
Q

New Brunswick has the _________

A

RTIPPA

52
Q

RTIPPA stands for?

A

Right to Information and Protection of Privacy Act

53
Q

Quebec has the ____

A

No acronym found! Has the Act Respecting Access to Documents held by PUBLIC BODIES and the Protection of Personal Information

Property (11 decks)

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