Insurance Company Inquiries (Ontario)

Uberrima fides (good faith) is warranted on part of assured, in contract of  insurance: SC – LegitEye

Question:

What can we do to stop Insurance companies from relying on real estate agents for all of the information?

I believe that they should be sending out adjusters to look at homes before they issue insurance. I do not think this should fall on our shoulders as realtors to gather and provide and warrant information to insurance companies.

What can we do to change this setup?

Answer:

This particular practice will never change. It’s unique to the insurance industry. There are fiduciary obligations placed upon the purchaser of insurance to disclose and to make reasonable inquiries. That goes from life insurance to fire and liability insurance.

The basic insurance contract is one of “uberrimae fides”, meaning utmost good faith.

Working for the Buyer, obviously real estate agents are the ones who are going to have to continue to investigate and uncover issues.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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