On Monday, April 15, 2019, the Newfoundland and Labrador
legislature passed a number of changes to the Automobile
Insurance Act ("Act") stating that the intent
is to help stabilize insurance rates, enhance consumer protection
and maintain access to justice for victims of motor vehicle
accidents. The amendments make reference to the
"regulations", but at this stage companion regulations
have not been released.
The Government rejected a proposed cap on claims for pain and
suffering, electing instead to increase the deductible for all
bodily injury claims from $2,500 to $5,000.
While Section B coverage is still optional, the Act now makes it
mandatory for an insured with Section B coverage to apply for
accident benefits following an accident. In effect, Section B now
becomes primary insurance while other private insurance coverage
becomes excess insurance. The Act now expressly provides that
accident benefits received by a plaintiff, or to which the
plaintiff
