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CIP C14 Auto - Chapter 1+2
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CIP C14 Auto - Chapter 1+2
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CIP C14 Auto - Chapter 1+21. What is negligence? - CORRECT ANSWER-Negleigence is the omission to do
something which a reasonable person, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do, or doing something
which a prudent and reasonable person would not do.
2. What are the consequences of negligence in the operation of a motor vehicle?
- CORRECT ANSWER-A negligent person in an automobile accident is liable for
the damages caused.
3. What is onus of proof? - CORRECT ANSWER-The burden or responsibility of
proof, also referred to as onus probandi.
4. How is onus of proof determined? - CORRECT ANSWER-The onus of proof is
upon the person suing or the plaintiff, under the law. This is true also for
automobile insurance. However some provinces have exceptions for accidents
involving a pedestrian or cyclist, in those cases the motorist must prove they
were not negligent.
5. In most cases, on whom is the onus of proof? - CORRECT ANSWER-The
plaintiff, the person bringing the suit or claiming the damage.
6. Explain subrogation. - CORRECT ANSWER-Subrogation is the right to
recover from the responsible party. It is the transfer of legal rights of someone
whose debt or expenses have been paid to pursue recovery from an at-fault
party.
7. Who has the right of subrogation? - CORRECT ANSWER-The insurer.
8. What gives the right of subrogation its validity? How can provisions be made to
account for exceptions? - CORRECT ANSWER-Subrogation is a legal concept.
The right of subrogation can be removed or limited by legislation.
9. What is absolute liability? - CORRECT ANSWER-It is a legal concept that can
influence the settlement of automobile insurance claims. Under absolute liability
, the insurer is responsible to pay third party claims even though the insured has
breached a policy condition.
10. Why are the absolute liability provisions of the law necessary? - CORRECT
ANSWER-To protect the rights and well-being of innocent third parties.
11. Who derives the greatest benefit from the absolute liability provisions? -
CORRECT ANSWER-Innocent third parties.
12. What does an insurer pay to a third party under the absolute liability
provisions? - CORRECT ANSWER-Minimum limits required by law.
13. When an insurer pays a third party judgement under the absolute liability
provisions of a policy, is that the end of the matter as far as the insured is
concerned? Explain. - CORRECT ANSWER-No, the insurance company
(insurer) can still pursue recovery of any payments from the insured.
14. What precautions can an insurer take to minimize its exposure to claims
arising out of the absolute liability provisions? - CORRECT ANSWER-Do
thorough research before binding coverage, get a properly completed application
and review all answers, resolve any doubts prior to binding.
1. Identify the two distinct legal systems used in Canada. - CORRECT
ANSWER-Quebec Civil Code and Common Law
2. Why is common law also called "judge-made law"? - CORRECT
ANSWER-Common Law is based on precedent, on decisions made by judges in
previous similar cases.
3. What is the Civil Code of Quebec? - CORRECT ANSWER-General law that
contains all of the basic provisions that govern life in society, namely
relationships among citizens and the relationships between people and property.
4. Give an example of a law that has been enacted with respect to the operation
of an automobile by each of the three levels of government in Canada. -
CORRECT ANSWER-Municipal
- By-laws
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