Course Code: PLBA 4501
Academic Year: 2022-2023
This course examines the special legal principles that apply to insurance coverage, including the risk transfer mechanism, the duty of good faith, the nature of insurable interest and the limits of insurability. The insurance regimes governing automobile accidents and injured workers in Ontario are systematically examined, including the statutory conditions imposed, the formal claims process, alternative dispute resolution mechanisms and the appellate role of tribunals. The course will evaluate the evidentiary requirements in support of medical claims and the procedural requirements in pursuing compensation. The standards required for paralegal representation and the ethical precepts protecting the insured and their claims are fully examined. Students will analyze the relationship between the insurance regimes and tort law and when tort remedies are to be pursued in the absence of insurance coverage.