Registered Insurance Brokers of Ontario (RIBO) Practice Exam

Who is typically responsible for proving the amount recoverable from an inadequately insured third party under OPCF 44?

1. The insurance company

2. The insured party

3. The family member

4. The court

The correct answer is: The insured party

The correct answer is the insured party because, under OPCF 44, the insured individual is generally tasked with demonstrating the financial loss or damage that has occurred due to the actions of the inadequately insured third party. This includes providing evidence of the extent of the damages and justifying the claim being made against the third party's insurance policy. The insured party is responsible for compiling documentation and any necessary proof to substantiate their claim, which may include repair estimates, medical bills, or other relevant financial losses. This obligation emphasizes the individual's role in presenting a comprehensive case for recovery to their own insurer. In contrast, the other options do not align with the responsibilities established under OPCF 44. The insurance company is primarily concerned with evaluating claims but relies on the insured to provide the necessary evidence. Family members would typically not have the responsibility for proving the claims unless they are themselves named in the policy or affected directly. The court plays a role in adjudicating disputes but does not shoulder the responsibility of proving the amount recoverable; rather, it assesses the evidence presented by the parties involved.