What is the duty of an underinsured motorist to be informed of coverage?

New Brunswick, Canada


The following excerpt is from Arsenault v. Flewelling Insurance et al., 2006 NBQB 212 (CanLII):

In Sjodin v. Insurance Corp. of British Columbia 1986 CarswellBC 621, the plaintiff alleged that he had not been informed of the availability and significance of underinsured motorist coverage. It was held by the trial judge, who was upheld on appeal, that the duty of the insurer did not extend beyond making the insured aware of the availability of such coverage.

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