Contracting out of the Insurance Act

Section 263 of the Insurance Act provides that in cases of property damages involving two insured automobiles, the insured is entitled to recover from his or her own insurer.

A recent appeal decision held that although s. 263 precludes tort claims, it permits claims based in contract.

In Hafeez v. Sunaric, 2015 ONSC 4065 (S.C.J.), after a collision in a parking lot, the defendant agreed to pay the plaintiff $15,000 "minus insurance payment".  The vehicle was appraised at $13,500.  The plaintiff was paid $6,500 by his insurer and sought to recover the rest from the defendant pursuant to their contract.  The Small Claims Court judge held the agreement was unenforceable due to s. 263.  The plaintiff appealed.

Justice Perrell allowed the appeal.  The property loss compensation scheme introduced by s. 263 precludes tort claims but does not preclude claims based in contract.

How To Choose An Auto Insurance Deductible

When quoting auto insurance for clients, we frequently discuss how to choose the right deductible.  I thought I’d take a few minutes to share this information here on our website too!

A deductible is the amount you pay out of pocket when you have a claim.  If you have a $500 collision deductible and have an accident, then you would pay $500 towards repairing your vehicle and insurance would cover the rest. The deductible you choose directly relates to the amount of money you spend on premiums each month.  The higher the deductible ($250, $500, $1000, $2000), the lower your monthly cost. So how do you choose?  Cheaper price or lower out of pocket expense? Basically it comes down to pay now or pay later and what you can afford at the time of a loss.

First, look at your emergency savings.  Do you have enough cash available to cover a higher deductible if you had to pay it?  If the answer is no, then you’re better off paying a little extra each month. 

Compare the cost savings.  When we run a quote, we can show you several different options.  Ask your agent to run the premium based on several different deductibles so you can see the actual dollar cost savings. You can always change your mind.  If you’re short on cash now, but know you could afford more out of pocket next year, you’re always able to change.  Keep your deductible in a comfortable range and you’ll always be well protected! 

If you have insurance with us now and would like to see how much your premium can change by changing your deductible give us a call. Or if you are interested in more information and a personalized quote call or visit us online!  (888) 565-2212

At Bryan Insurance we are the leading agent for car insurance for the Hudson Valley, Long Island, and the surrounding New York areas.

Insurer Must Pay for Repairs Associated With Building Code Upgrades

The importance of the wording of exclusion clauses can be seen in Choukair v. Allstate, 2015 ONSC 4989 (S.C.J.).

The Applicant, Choukair, had a Homeowner’s Policy with the respondent, Allstate. On January 20, 2014 there was a total loss fire at Choukair’s residence. As a result, the house had to be rebuilt. Choukair stated that his replacement cost was $450,700.00, plus taxes. Allstate paid Choukair $369,000.00 but refused to pay the balance.

The difference between what Choukair claimed and what Allstate paid related to the increased cost of the rebuild associated with upgrades required as a result of the Building Code, which Allstate stated were excluded by the Insurance Policy.

There was an exclusion clause in the Policy which stated the following:

We do not insure: (5) losses or increased costs of repair or cost of improving or upgrading dwellings or structures due to the operation of any by-law regulating the zoning, demolition, repair or construction of buildings and their related services;

Justice Quigley held that the loss did not result from the operation of a by-law. The increased costs were related to the application of the Building Code, which is categorized as a law and not a by-law.

Allstate therefore had to pay the balance related to increased costs associated with the Building Code upgrades.

Insurers may want to consider the wording of their exclusion clauses as a result.

September Home Maintenance Tasks

Every month, we share easy tasks you can do to keep your home in tip-top shape all year long.  So here are a few simple tasks you can do in September to prepare your home for cool fall weather!

1.)  Check Gutters -  Take a few minutes to make sure your gutters are clear.  With rain and falling leaves, gutters will be working overtime.  By making sure they’re clear now, you’ll avoid water damage later on.  You can either hire someone to do it or do it yourself.

2.)  Clean The Dryer Vent - Lint accumulating in the dryer vent can cause a house fire.  A couple of times per year, unplug the dryer and thoroughly vacuum the area around the dryer vent and hose.  Remember to check the outside vent too!

3.)  Get Your Fireplace Inspected & Cleaned – Do you have a fireplace or woodstove? When was the last time it was cleaned & inspected? Now is a great time to make sure that your chimney and fireplace are all in good working order. A little maintenance now can help prevent a bigger problem later on. Schedule it now before it gets cold.   

4.)  Gather Firewood - Will you be burning a wood stove or fireplace this winter?  Start gathering up firewood now and save yourself from the task when it’s cold outside. 

5.)  Get Ready For Autumn - Now is a great time to start planting some fall flowers.  Mums make a great addition to your front porch! 

6.)  Save On Home Insurance - Homeowners Insurance is an important part of protecting your belongings.  To make sure you have the best coverage, call us today for a free, no obligation quote.  

Want more tips? Call or visit us online. Bryan Insurance is the leading homeowners insurance agent in the Hudson Valley, Long Island, and New York areas. 

The New Deductibles Under the Insurance Act

The Insurance Act and its regulations have been amended to increase the amount of the deductibles.  As of August 1, 2015, the deductible for non-pecuniary damages is $36,540 (up from $30,000) and for Family Law Act damages it is $18,270 (up from $15,000).  In addition the $100,000 threshold above which the deductible applies has been raised to $121,799 and the $50,000 threshold for Family Law Act damages to $60,899.  The deductibles will be indexed for inflation on January 1st of each year beginning in 2016.

In addition, s. 267.5(9) has been amended to provide that costs are to be determined "with regard" to the effect of the deductible, i.e. costs are now net of the deductible.

Did You Know? Life Insurance Is Affordable.

Did you know that September is Life Insurance Awareness Month? If you haven’t already seen them, you will probably see TV commercials and magazine articles talking about why this coverage is so important all month long. And you probably already know it’s important. But I know that even with the best intentions, it doesn’t always mean that you’ve got your policy set up yet!

The Life Foundation says that only 62% of people who believe they need life insurance, actually have it. And even then, those that do have it only carry enough to replace their income for 3.6 years. If you have young children to support, that is simply not enough time! And if you're skipping life coverage all together, then you are putting your family at risk.

So why do people wait too long to purchase life insurance? Well, the Life Foundation also says that 86% of Americans say they haven't purchased it because it's "too expensive.”  Many overestimate the cost by more than 2X!

Life Insurance rates are based on a number of factors, including age, health conditions, and smoking status. By not smoking and purchasing when you're younger, you can save a substantial amount of money. In fact, many term life policies are less than $30 per month! That’s $1 per day!

Even if you are a smoker, older, or have health issues, doesn’t mean you won’t be able to afford it. Getting some life insurance is still better than none.

Here’s what we recommend...call the office and set up an appointment with one of our life insurance specialists. Bring information on your annual income, as well as any debts (like your mortgage). We can give an accurate picture of how much coverage you need as well as different ways to make it affordable. We can find a plan to fit your budget.

Don’t wait another minute! Call us today to set up an appointment. (888) 565-2212 or visit us online.