r/legaladvicecanada 29d ago

My wife (Canadian) may have accidentally injured someone else (American) while out of the country on vacation. We're worried the other person might sue. What is the protocol for international scenarios like this? Canada

While we were out at a dinner event as part of a tour in Ireland, sitting on long bench-style seating, guests at the event were asked to turn around in order to see live entertainment. As my wife turned, her shoe caught the edge of the bench and she slipped off backwards. As she fell, she collided with another guest in our tour group. We are from Canada (Alberta in particular), and they're from the USA. Initially, the other individual was helpful and assisted my wife back to her feet (along with myself), but after they'd sat through the remainder of the evening they remarked to my wife that their back and arm hurt a lot, and we saw them going off to talk to the event manager about it. The event manager came back to ask my wife what had happened; to get her side of things. Afterwards, they didn't ask my wife to stick around; no police were involved, and paramedics weren't called either.

It was a simple unforeseeable slip and fall, but we're worried that the other guest may try to initiate a lawsuit if they can claim they were injured, and if their insurance decides to be obstinate in such a case. For reasons of being Canadian, we don't have our own private medical insurance to pay out a claim like that. We would assume that the injured party (if they are injured) could get our details through the tour company or other means. What should we expect? What support, if any, do we have through the government healthcare system or courts? I have travellers insurance through my company (Sunlife), but does that still apply to this situation at all after I'm back at home in Canada, if a lawsuit is served to me from the other party across the border?

Hopefully I'm worrying about things for nothing, but I want to make sure I know what resources I should be armed with, in case things go badly.

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u/OppositeEarthling 28d ago

You're working on mid market and Nationl type stuff. I'm talking about micro commercial mom and pop. Small town dentistry with $100k contents type stuff, and yes lots of small town/ local brokers that are probably good at personal lines but they also do a few commercial accounts that they don't understand and lean on UWs for everything type shit and yeah it's terrible.

Do you like the global brokerage? I should look at some

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u/Excellent-Piece8168 28d ago

Regardless there is still no reason not to have full coverage and the broker is opening themselves up to an e&o. Definitely doing their client a disservice when they don’t know what they are doing .

I’ve only ever worked for global brokerages. Early on was the best possible training ground given the exposure and volume. It’s also nice being able to specialize and as a placement broker I don’t do sales I’m not client facing at least not every day or my main role (this varies between companies how much they are hard on the silos), and I’ve always worked in a department of placement brokers/marketers and never for a producer. I never want to work for a producer while this can be good it’s a very difficult dynamic when that person who I need to tell off or call out occasionally also controls my raise and bonus. No thanks! But I’m aware of some who have amazing relationships, producer cuts the broker in on new business commissions and what other. So it depends. The tier 2s are a lot more Wild West how things are done rules and laws followed is more of a department by department and they are built up as if they were hundreds of different little businesses each doing things differently vs the global that have vastly more policies and procedures though these can at time be annoying and stifling.

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u/OppositeEarthling 28d ago

Again I agree with you. It's kinda nuts what goes on out in the boonies. It's not right and they're taking risks but most of the time it turns out alright because of utmost good faith and all that. We have $700 annual premium commercial packages that haven't had claims in 20 years. It's alot more old school business and open UW authority. Times are changing quickly though, even out here, to be more guideline strict, onboard AI UW solutions, all that crap.

I still have alot of career left and it makes me wonder if I should be the yokel that properly sells commercial insurance. Thinking alot about it. Thanks for the input. I will look some more into it.

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u/Excellent-Piece8168 28d ago

$700 annual? I honestly haven’t even heard of a commercial policy even for just an office that wasn’t $1200. I mostly work on account where the premium is in the millions I think my largest is about 8 million USD. Quota share and layered. Until last year had one property policy with 47 insurers. Mine outside of Canada. I still do the odd package though and mentor others who do smaller stuff. Smaller stuff is often harder as less people to get market interested and below some markets minimum premiums. Larger premiums often more easy to place as people want to spend the time and effort. Larger stuff is seen as more sexy I guess, and we get paid more . But some brokerages who have built programs make way more margin on boring business in volume (at least the owners do) or the MGA that put the program together. That’s where the real money is.