Canada: Uninsured And Underinsured Motorist Coverage: 2014 Update

Introduction

This paper is intended as an overview of the current law in Ontario regarding uninsured and underinsured motorist coverage. Although these areas have certain similarities – both are highly complex, technical areas of the law that arise when there is insufficient insurance to cover the plaintiff's damages – there are critical distinctions between the two. Prior to working on any case involving either uninsured or underinsured motorist coverage, every lawyer should review the sources of coverage and the recent case law.

The coverages available in these areas are complex and often confusing to both the plaintiff and defence bar. Much judicial ink has been spilled on these subjects, a trend that will invariably continue, and their complexity has been well-acknowledged by the bench.

It is important to keep in mind that these claims are covered by an insurance policy, and thus arise out of contract, and not tort. While they are normally resolved along with the determination of the tort lawsuit, both plaintiff and defence counsel must ensure they turn their minds to adducing evidence in respect of the coverage determination of the uninsured or underinsured claims, which is contractual.

Recent decisions of import have affected the way in which these claims are determined. This paper will analyze some of those recent cases in the past year. Prior to getting to that point, it is imperative to grasp where these coverages come from.

Uninsured Motorist Coverage: Background

An uninsured motorist is one who does not have insurance. Included in this definition is the concept of an unidentified motorist (one who cannot be found or identified – who, for example, has fled the scene and cannot be located). The idea here is that the uninsured motorist is at fault for the plaintiff's injuries but lacks any insurance through which to compensate them.

Uninsured motorist coverage is statutorily mandated by section 265 of Ontario's Insurance Act. Since 1980, this coverage has been a required element of every contract for motor vehicle liability insurance. The purpose of this provision is to spread the risk of uninsured drivers among drivers, through insurance policies, rather than among taxpayers generally, through the Motor Vehicle Accident Claim Fund.1 Section 265 reads:

265(1) Every contract evidenced by a motor vehicle liability policy shall provide for payment of all sums that,

  1. a person insured under the contract is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile;
  2. any person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the contract resulting from an accident involving an automobile; ...

subject to the terms, conditions, provisions, exclusions and limits as are prescribed by the regulations.

Section 265(2) defines "person insured under the contract". The insured, their spouse, and any dependant relative of either fall within this definition. Occupants of the vehicle are also considered "persons under the contract". Where the insured is a corporation, unincorporated association, or partnership, "persons under the contract" also includes any director, officer, employee, or partner of the insured who regularly uses the insured automobile, as well as their spouse and any dependant relative of either.

Minimum Limits

The amount of uninsured motorist coverage in Ontario is $200,000, as set out in the Insurance Act Regulations. Section 2 of Ontario Regulation 676, limits uninsured motorist coverage to the minimum limits for automobile liability insurance in the jurisdiction in which the accident occurs. This limit also applies despite the number of claimants: if there is more than one claimant with respect to the uninsured motorist coverage, the $200,000 will be shared pro rata among the claimants. An example of this situation arising is where there are several plaintiffs who were the occupants of one vehicle that was hit by an uninsured motorist.

The 1% Rule

Uninsured motorist coverage will not be available when the person insured under the contract is entitled to recover money under the third party liability section of a motor vehicle liability policy.2 This section creates a built-in 1% rule: if there is liability on another vehicle which is insured, even if that liability is limited to 1%, then the uninsured motorist coverage is not available to the plaintiff. Under the Negligence Act, the plaintiff will be able to recover the full amount of their damages from the other at-fault and insured vehicle. As noted by O.Reg 676, s. 2(1)(c):

2.(1) The insurer shall not be liable to make any payment,

(c) where the person insured under the contract is entitled to recover money under the third party liability section of a motor vehicle liability policy

Thus, even if there is 1% on another vehicle which is insured, the uninsured motorist carrier (UMC) is not liable to the plaintiff. In practice, many cases have been settled on a 50-50 split between the UMC insurer and the tortfeasor's insurer due to a perceived risk that the tortfeasor may escape liability altogether. In reality, it is incorrect to assume all cases of this nature ought to settle on a 50-50 basis. The UMC insurer needs to assess the risk that no liability will fall to the tortfeasor (which may be an unlikely prospect) and the tortfeasor's insurer needs to assess the risk that at the least 1% will be found against its insured. A case-by-case analysis is required.

Unidentified Claims

An "unidentified automobile" means one with respect to which the identity of either the owner or driver cannot be ascertained (s. 265 Insurance Act).

Section 3 of Ontario Regulation 676 sets out a particular procedure that insured plaintiffs must follow immediately after an accident with an unidentified motorist in order to make a claim to their own insurer for uninsured motorist coverage. This procedure exists to prevent fraud. Insureds that are solely at fault for their own accidents may have a motivation towards dishonesty and claim that the accident was caused by an unidentified motorist. The steps mandated by this regulation provide the police and the insurer with the opportunity to investigate the claim. The procedure, as outlined by the regulation, requires the following steps:

  1. The plaintiff must report the accident to a police officer within 24 hours of the accident or as soon as practicable after that time.
  2. The plaintiff must provide a written statement to the insurer within 30 days of the accident or as soon as practical after that date. This statement must set out:
    1. the details of the accident;
    2. whether the accident was caused by an unidentified driver;
    3. whether the person insured under the contract was injured or killed.
  3. The plaintiff must also make the vehicle involved in the accident available to the insurer upon request for inspection.

The requirement that the plaintiff notify the police can be met by the plaintiff phoning the police, by the police attending at the scene of the accident, or by the plaintiff reporting to a Self Reporting Collision Centre. The plaintiff is also obligated under section 258.3 of the Insurance Act to notify the insurer within 24 hours of the accident.

The limitation period for an action against the insurer providing uninsured motorist coverage is 2 years from the time when the plaintiff knew or ought to have known that the at-fault vehicle was uninsured or that the accident was caused or contributed to by an unidentified vehicle.

Evidence of the Insured

When alleging an unidentified motorist caused the accident, given that discoveries do not occur for some years following the accident, the Regulation sets immediate evidentiary steps for an insured to take. Timeliness of the insured reporting the accident is critical. All facts should be sought as early as possibly by claims examiners and questioned thoroughly at discoveries by counsel. Such questioning at discovery should focus on (by no means an exhaustive list): when the insured first saw the unidentified vehicle, its description (colour, make, model), its location on the roadway and movements, whether there was contact between it and the insured's vehicle, or any other vehicle, and damage that may have left debris on the roadway, any paint transfer, and the property damage to the insured vehicle is critical in this regard (requiring photos, appraisals, repair documents, all of which may require engineering evidence), whether any witnesses and their relationship to the insured, and why the insured may have not complied with the Regulation (i.e., whether they were aware of the requirements under the Regulation. Lastly, if it appears the insured only later arrives at the allegation that the accident was caused by an unidentified driver, questions about how, when and why that allegation was formulated (including when the insured met with/retained a lawyer) as long as the answer to the question does not breach privilege.

Two Standards of Proof for (1) Unidentified Claims Under Insurance Act and for (2) OPCF 44R Underinsured Endorsement

For an insured to prove that an uninsured/unidentified vehicle caused the accident, the standard of proof to first access the $200,000 limits under the Insurance Act is assessed on the balance of probabilities. This may be clearly made out on the property damage evidence. However, in cases where no property damage evidence is secured by the insured (by way of photos, vehicle appraisal, or Self-Reporting Collision Centre records), an insurer may argue prejudice by the plaintiff's failure to comply with the timeliness in reporting the accident imposed by the Regulations.

For an insured to prove that he/she is entitled to the higher OPCF 44R coverage to access the remaining $800,000, the standard of proof is higher. It requires "other material evidence" defined as the evidence of an "independent witness other than spouse or dependant relative" or "physical evidence". This standard, higher than the balance of probabilities, must be met in order for the insured to prove his/her contractual entitlement to the additional coverage under the OPCF 44R.

As noted above, the key difference between uninsured motorist coverage and underinsured motorist coverage is the standard of proof. Entitlement to uninsured coverage is determined when the plaintiff proves, on a balance of probabilities, that the at-fault motorist was uninsured or unidentified. Entitlement to underinsured coverage requires stricter proof. Where the plaintiff was involved in an accident with an unidentified driver and seeks entitlement to their underinsured coverage, the plaintiff must adduce corroborative material evidence. This material evidence must be either independent witness evidence (other than the evidence of a spouse as defined in the endorsement) or physical evidence indicating the involvement of an unidentified automobile (section 1.5(c) and (d)).

The following recent cases on uninsured motorist coverage illustrate the current issues and development in this area of law.

Recent Cases on the Standard of Proof

a. Standard of proof differs for entitlement to uninsured motorist coverage and underinsured motorist coverage: Chmielewski v. Pischak, 2014 CanLII 7592 (S.C.J.).

The plaintiff claimed against her insurer for damages she allegedly sustained when she rear-ended a car stopped ahead of her. The plaintiff blamed the accident on an unidentified third car: the plaintiff claimed that this car cut into and out of the plaintiff's lane, distracting her and causing the collision, and then took off. The insurer moved for summary judgment on the basis that the plaintiff had no corroborative evidence as required by OPCF 44R. The motion judge accepted that there was neither independent witness evidence nor material evidence corroborating the plaintiff's version of events, but declined to dismiss the entirety of the plaintiff's claim as requested by the insurer. No corroborative evidence is necessary for the $200,000 available for uninsured motorist coverage; it was open to a trial court to accept the plaintiff's uncorroborated version of events. The motion judge granted partial summary judgment in the form of a declaration limiting the plaintiff's damages to the $200,000 available under uninsured motorist coverage.

b. The courts take a flexible approach to corroborative physical evidence: Armstrong (Litigation guardian of) v. Dominion of Canada General Insurance Co., [2013] O.J. No. 2646.

The plaintiff was catastrophically injured in a motor vehicle accident. Another vehicle in the oncoming lane suddenly veered into the plaintiff's lane, forcing the plaintiff to take evasive action. The evasive action caused the plaintiff's car to leave the roadway and roll over. The other vehicle did not stop and was never found. The plaintiff claimed against her own insurer for both the uninsured motorist coverage and the underinsured motorist coverage, as she had the OPCF 44R Endorsement on her policy. The insurer disputed her entitlement to the underinsured coverage and moved for summary judgment on the basis that there was no corroborative evidence. In dismissing the insurer's motion, the court found that there was physical evidence that could indicate the involvement of an unidentified automobile sufficient to trigger coverage under the plaintiff's OPCF 44R. The physical evidence requirement could be satisfied by the black box diagnostic data from the plaintiff's vehicle, tire tracks on the road, and even deer tracks near the scene of the accident.

Note: another recent case, Featherstone v. John Doe, [2013] O.J. No. 2541, also held that tire tracks could constitute the necessary corroborative evidence to trigger coverage under the OPCF 44R, and also dismissed the insurer's motion for summary judgment.

Recent Cases on Uninsured Coverage

The following recent cases on uninsured motorist coverage illustrate the current issues and development in this area of law.

a. Breach of a statutory condition does not necessarily invalidate uninsured motorist coverage: Bruinsma v. Cresswell, [2013] O.J. No. 770 (C.A.).

The plaintiff was injured in a 2006 motor vehicle accident with an uninsured driver. At the time of the accident, the plaintiff was driving with a suspended driver's licence and was thus in breach of his insurance policy. The defendant insurer denied coverage. The Minister of Finance, as the administrator of the Motor Vehicle Accident Claim Fund, brought a cross-claim against the insurer for a declaration that the plaintiff was entitled to coverage despite his breach of the policy. The insurer moved for summary judgment of the cross-claim, which was dismissed: the motion judge concluded that the plaintiff was covered and the Limitations Act did not apply to the Minister's cross-claim on behalf of a defendant (the defendant uninsured driver). The insurer appealed and the appeal was dismissed. The Court of Appeal held that the plaintiff's admitted breach of the policy did not disentitle him to uninsured automobile coverage under the policy. The provisions of the policy that the insurer relied on to deny coverage were found to be statutory conditions, which – pursuant to s. 234(3) of the Insurance Act – do not apply to uninsured motorist coverage unless otherwise provided in the contract, which the policy at issue did not.3

b. The meaning of the phrase "the insured" for the purposes of coverage refers to the person making the claim: Jubenville v. Jubenville, [2013] O.J. No. 2094 (C.A.).

A 5-year-old child was injured as a passenger in a single vehicle accident. The car involved was owned by, registered in the name of, and driven by her father; however, the car was not insured. The child's mother owned 2 vehicles and insured them under a standard automobile insurance policy issued by Economical. The issue of whether the child was covered under her mother's insurance policy with Economical turned on the proper interpretation of "the insured" in the exclusionary phrase at the end of the definition of "uninsured automobile" in the policy. That phrase excluded "an automobile owned by or registered in the name of the insured or his or her spouse" from being considered as an "uninsured automobile". The motion judge found that the child was entitled to recover on the basis that "the insured" referred only to the person making the claim. Economical unsuccessfully appealed. The Court of Appeal found that the term "the insured", as used in the policy, was capable of two meanings: it could refer to all persons coming within the definition of "insured" in s. 224 of the Insurance Act, or it could only mean the insured person making the claim. Both interpretations were reasonable. Given this ambiguity, it was open to the motion judge to use interpretive principles in determining the meaning of "the insured".

Underinsured Motorist Coverage

An underinsured motorist is one who does not have enough insurance to compensate the plaintiff for their damages. For example, where the plaintiff was involved in a car accident with another motorist whose insurance was limited to $200,000 and the plaintiff's injuries were quantified at $1,000,000, the at-fault motorist in this situation would be underinsured for the purposes of the plaintiff's recovery of their damages.

Unlike uninsured motorist coverage, underinsured motorist coverage is not a creature of statute but a creature of contract. It is an optional endorsement that can be purchased by the insured. Underinsured motorist coverage provides a secondary layer of liability coverage from the insured's own insurer where the third party liability coverage of the at-fault motorist is insufficient to compensate the insured for the extent of the their damages.

The current version of the endorsement is the OPCF 44R Endorsement. It is important to note at the outset that there have been several previous versions of this endorsement and coverage has varied under the different versions. Lawyers must ensure that they have the version of the endorsement corresponding with the date of loss at issue.

Uninsured and underinsured motorist coverage interact as follows. Underinsured motorist coverage under the OPCF 44R is excess insurance. As has been previously discussed, the availability of other insurance is determinative of whether uninsured coverage is available. However, the excess insurance under the OPCF 44R is an exception: where the only other insurance available is that under the OPCF 44R, this does not displace the uninsured coverage.

Persons who can recover under the OPCF 44R are "eligible claimants" as defined in the endorsement. An "eligible claimant" is "the insured person who sustains bodily injury" and any other person who, in the jurisdiction in which an accident occurs, is entitled to maintain an action against the inadequately insured motorist for damages because of bodily injury to or death of an insured person" (section 1.3). An "insured person" refers to the named insured, their spouse, and any dependent relative of either. Where the named insured is a corporation, unincorporated association, partnership, sole proprietorship, or other entity, an "insured person" may also be any officer, employee, or partner of the named insured who regularly uses the vehicle, as well as their spouse and any dependent relative of either. It should be noted that "dependent relative" is a defined term in the endorsement, and that case law has held that a "relative" need not be a blood relation.

Section 4 of the OPCF 44R determines the amount payable under the endorsement:

4. The insurer's maximum liability under this change form, regardless of the number of eligible claimants or insured persons insured or killed or the number of automobiles insured under the Policy, is the amount by which the limit of family protection coverage exceeds the total of all limits of motor vehicle liability insurance... of the inadequately insured motorist and of any person jointly liable with that motorist.

The "limit of motor vehicle liability insurance" means the limit of third party liability coverage stated on the certificate of automobile insurance, regardless of the amount that is actually paid out for claims under the endorsement.

The Latest Word on the Limitation Period for an Underinsured Claim

a. The limitation period for an underinsured motorist coverage claim begins to run on the date the plaintiff demands payment from their insurer under the OPCF 44R: Schmitz v. Lombard General Insurance Company of Canada, 2014 ONCA 88.

In July 2006, the plaintiff was hit by a car driven by Mr. Bakonyi. The plaintiff had automobile insurance with Lombard which included the OPCF 44R. In June 2007, the plaintiff and members of his family sued Mr. Bakonyi for damages in excess of $1,000,000 arising out of the plaintiff's injuries. In June 2010, Mr. Bakonyi's auto insurance coverage was limited to $1,000,000. The plaintiffs brought an action against Lombard for indemnity under the OPCF 44R for any amounts found owing to them in excess of $1,000,000. Lombard pleaded that the action was commenced after the expiry of the 12-month limitation period in s. 17 of the OPCF 44R. The plaintiffs relied on the 2-year limitation period as set out in s. 4 of the Limitations Act, 2002. The plaintiffs moved under rule 21 for a determination of the limitations issue. The Court of Appeal held that, since the Limitations Act, 2002 specifically excluded some pre-existing limitation periods, the legislation would have done the same with the 12-month limitation period in the OPCF 44R if the legislature intended for that limitation period to be preserved. Applying the discoverability principle, the Court of Appeal held that the plaintiff has not suffered a loss until they have made a demand for indemnity which the insurer has not been accepted.

Note: the practical consequences of this decision may be that there is effectively no limitation period in this situation. The OPCF 44R does not require a plaintiff to demand payment of the excess coverage at any particular time.

It is anticipated that Lombard will be seeking leave to appeal to the Supreme Court of Canada. Previously, the Court of Appeal's 2012 decision in Rocque v. Pilot led plaintiffs to name their own insurers as defendants in every action wehre there was a possibility that damages might exceed the available limits if they were less than those afforded by the OPCF 44R limits. Schmitz has now overturned Rocque and effectively eradicated the limitation period set out in s. 17 of the OPCF 44R, the Court of Appeal holding that the Limitations Act, 2002 trumps s. 17 of the OPCF 44R. Given that the limitation period is now tied to when a demand for payment is made, the limitation period is effectively indefinite.

Footnotes

1 Bruinsma v. Cressmwell, [2013] O.J. No. 770 at para 24 (C.A.).

2 O. Reg. 676, c. 2(1)(c).

3 Bruinsma at para 43.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
8 Nov 2018, Conference, Toronto, Canada

This year’s program is entitled “An Analysis of Fidelity Claims for the Modern World.” The program will address important substantive and practical issues germane to today’s fidelity claims handling.

Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions