The non-government auto insurance schemes my sources all extend cover to insureds according of car accidents that occur within Canada, the United States, or on the vessel plying between your ports of those countries. But this should be read subject to conflict of law rules applicable to contract disputes. Although there is absolutely nothing to prevent a non-resident from obtaining insurance in a single of these provinces, the insurance will be controlled by the “proper law” of the contract. This may have the result of imposing around 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, might be not the same as those appearing within the policy. In most provinces the choice of law rule applicable during these circumstances is provided by statute. In Ontario the appropriate section states: In which the subject-matter of the contract of insurance coverage is property in Ontario or an insurable interest of the person resident in Ontario, the contract of insurance, if signed, countersigned, issued or delivered in Ontario or dedicated to the mailbox or to any carrier, messenger or agent to be delivered or paid towards the insured, his assign or agent in Ontario will be deemed to evidence an agreement made therein, and also the contract shall be construed according to the law thereof, and all moneys payable under the contract shall be paid at the office of the chief officer or agent in Ontario from the insurer in lawful money of Canada. Car insurance quotes in Californiaautoinsurancerates.org.
Thus, within an Ontario court, Ontario law is going to be applied if one of the criteria, like the insured being resident in the province, is met and the policy is signed or delivered there.
When the requirements from the section are not met, common law conflict of law rules may, in theory, still affect bring a policy underneath the law of the particular jurisdiction. In other words, the proper law from the contract may still be those of Ontario, for instance, even if neither the subject matter is situated in Ontario nor the insured resident there. However, this is unlikely to become the situation very often since it appears that the connection of the contract towards the jurisdiction should be more than the fact that anything was prepared there. nKutzimerv. Allstate Insurance Co. , the insured was a resident of recent Brunswick, the insurance policy was delivered in New Brunswick and also the vehicle was registered there. The insurer s office was situated in Ontario and the application for insurance was received and approval succumbed that province. The insured sought to recover no-fault death benefits at the level payable under the Ontario scheme. A legal court held that New Brunswick law was the proper law from the contract. In the end result, the claimant was denied Ontario benefits by the Ontario court more here.