When an Ontario Canadian resident gets injured in a car accident in Florida, the legal and insurance implications can be complex, especially if the at-fault driver is inadequately insured or uninsured.  The Florida case of Erie Ins. Exch. v. Larose (202 So.3d 148), provides critical insights into whether an Ontario Canadian resident can commence an action against their insurance provider in Florida or must do so in Canada.

Case Overview: Erie Ins. Exch. v. Larose
In this case, Albert Christopher Larose, a Florida resident, was injured in a car accident in Florida while driving a vehicle insured by Erie Insurance Exchange, a Pennsylvania-based company. The vehicle was principally garaged in Wisconsin, and Erie had issued the policy to a Wisconsin company. Larose filed a claim for uninsured motorist (UIM) benefits under the policy, which Erie denied, prompting Larose to file a lawsuit in Florida.

Erie moved to dismiss the case, arguing that Florida courts lacked personal jurisdiction over it since Erie had no business operations or contacts in Florida. The Florida trial court initially found that it had jurisdiction, but this decision was later reversed on appeal.

Key Legal Issues

• Long-Arm Jurisdiction: The court considered whether Florida’s long-arm statute, which allows for jurisdiction over out-of-state defendants under certain conditions, applied. Specifically, Larose argued that Erie’s refusal to pay UIM benefits constituted a breach of contract in Florida, thereby establishing jurisdiction.

• Minimum Contacts and Due Process: Even if long-arm jurisdiction was established, the court had to determine whether Erie had sufficient minimum contacts with Florida to satisfy constitutional due process requirements. The Supreme Court's precedent requires that a defendant must purposefully avail itself of conducting activities within the forum state for due process to be satisfied.

Court’s Decision
The appellate court ultimately found that while Larose established a statutory basis for long-arm jurisdiction, Erie did not have the requisite minimum contacts with Florida. The court highlighted that Erie’s issuance of an insurance policy to a Wisconsin entity, covering a vehicle that was primarily garaged in Wisconsin, did not constitute purposeful availment of conducting activities in Florida. The court concluded that subjecting Erie to Florida’s jurisdiction would violate constitutional due process.

Implications for Ontario and Canadian Residents
For Ontario residents injured in Florida, this case underscores several critical points:

• Jurisdictional Challenges: If the at-fault driver is inadequately insured or uninsured, and the injured party seeks to claim UIM benefits from their insurer, the jurisdiction where the action is filed becomes crucial. If the insurer has no substantial connection to Florida, Florida courts may lack personal jurisdiction.
• Action Against Insurers: Ontario residents may need to file claims against their insurers in Ontario or the jurisdiction where the insurance policy was issued, rather than in Florida. This can complicate the legal process, requiring the assistance of legal professionals familiar with cross-border insurance claims.
• Policy Terms and Conditions: It’s essential for policyholders to understand the terms and conditions of their insurance policies, including the geographic scope of coverage and the specified jurisdiction for legal actions.

The Erie Ins. Exch. v. Larose case illustrates the complexities of cross-border insurance claims and highlights the necessity for careful planning and expert legal guidance for Ontario residents injured in Florida. Understanding the jurisdictional nuances can significantly impact the outcome of an insurance claim and ensure that injured parties receive the compensation they deserve.

We regularly assist Canadians injured in the United States.  With offices in Florida and Ontario we are regularly consulted by lawyers both in Canada and the United States to assist with their cross-border injury claims.  If you have questions about an accident in the United States, reach out to us to learn more and to request a Free Consultation. 

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

Many Canadians, fondly referred to as "Snowbirds," annually escape the frigid winters of Ontario for the warm embrace of Florida. However, while the prospect of owning a vehicle in Florida may seem appealing for convenience, it comes with significant insurance risks. This blog explores why it's prudent for Ontario Snowbirds to bring their Canadian vehicles with them instead of purchasing or registering a vehicle in the Sunshine State.

Understanding Family Protection Coverage in Ontario
In Ontario, auto insurance policies generally include family protection coverage. This important feature offers additional security by covering the shortfall in damages caused by an underinsured motorist. Whether you or a family member are involved in an accident, this coverage can be crucial in bridging the financial gap left by other drivers' inadequate insurance policies, providing both peace of mind and substantial financial relief.  

The Risks of Florida Vehicle Registration
While Florida's sunny skies are inviting, the state's auto insurance landscape presents challenges, particularly for those used to the robust protections offered by Ontario policies. It's not uncommon for Florida-registered vehicles to have minimal, if any, third-party liability insurance. This poses a substantial risk, especially in a state known for high medical costs resulting from accidents. Without the comprehensive safety net of family protection coverage, Ontario residents could face significant out-of-pocket expenses if involved in a collision with a poorly insured driver.  

In the vast majority of cases we handle on behalf of Canadians injured in the United States, the at-fault party has either no insurance to cover your losses, or is inadequately insured.  This is the situation in upwards of 95% of cases we handle on behalf of Canadians injured in the USA.  It is a real concern.  The Ontario auto policy provides coverage for you and your family in the event that you are injured and incur medical expenses, lost wages, and pain and suffering due to the fault of another vehicle in Florida.    Most Ontario policies provide at least one million dollars in coverage for such events.  

Gaps in Family Protection Coverage
Should an Ontario resident decide to purchase and insure a vehicle in Florida, they may discover that their family protection coverage does not extend to vehicles registered outside Canada. This coverage gap can lead to severe financial strain in the event of an accident with an underinsured motorist. It's essential to note that family protection coverage typically applies only to vehicles insured under the same policy and may exclude vehicles owned or leased beyond a 30-day period unless specifically covered.

Practical Scenarios and Solutions
Consider a scenario where an Ontario Snowbird, let's call him John, owns two cars: one insured in Ontario and the other in Florida. If John is involved in an accident while driving his Florida-registered car and the at-fault driver lacks sufficient insurance, John may not be covered under his Ontario policy's family protection coverage for that vehicle. 

Additional Precautions
When vacationing in the U.S., comprehensive travel and health insurance are crucial to cover unforeseen medical expenses. Additionally, Snowbirds should explore underinsured motorist coverage in Florida, although this can be costly due to the higher risk of claims in the state.

Conclusion
The allure of owning a vehicle in Florida is clear, but the insurance implications are considerable. Ontario Snowbirds should carefully weigh the benefits of convenience against the potential financial risks. By retaining their Ontario vehicle registration and taking proactive insurance measures, Snowbirds can enjoy their time in Florida without undue worry about insurance coverage gaps.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

If you are a Canadian injured in a car accident while visiting Florida, you may need a lawyer in both Florida and Canada.  The law of the state where the car crash occured, such as Florida, will control with respect to your rights to bring a lawsuit to recover for your pain and suffering and economic losses, such as medical expenses and lost wages.  The law of state where the accident occurred, will also control all of the procedural rules for bringing a claim, such as time limits, notice requirements, insurance disclosure, etc.  So, following an accident in Florida, a Canadian will very often have a claim that can only be handled by a Florida practicing attorney.  This is usually not the end of the story, however.  Canadians will almost always have rights and benefits in their home province also. This could include no-fault benefits, which in Ontario can be as high as $1,000,000.  These benefits cover medical expenses, services and lost wages, in addition to claims you might have in Florida.  Additionally, there may be rights to underinsured motorist benefits under your Canadian auto insurance policy, in the event that the at-fault driver is either uninsured or underinsured.  

As the snowbird attorney, I regularly assist Canadians that have been injured in cross-border car accidents while visiting Florida or other states.  Having a practice both in Canada and the United States allows us to help you recover all of the money damages for your losses in both countries. 

Contact us for a FREE Consultation with an experienced Canada-Florida injury attorney . 

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". 

​The Snowbird Attorney, Andrew Iacobelli understands that being involved in a motor vehicle accident is frightening especially when you are a Canadian injured in Florida.   Andrew is often referred to as the Lawyer for Canadians, the Snowbird Lawyer or Snowbird Attorney because he has helped countless Canadians that have been injured in the United States. 

The Snowbird Attorney regularly represents Canadian residents who have been seriously injured while visiting the United States and can coordinate access to benefits from your Ontario Insurance policies, as well as available policies from US insurers. Where necessary, we have a network of professionals within the United States as well.
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Following an accident or injury in the United States, you may be worried and confused about your legal rights and options.  It’s difficult to deal with a serious accident when you are a Canadian injured while visiting Florida.  In addition to worrying about your health and well-being, you may be faced with a complex insurance claims process, expensive medical bills and many more decisions. Insurance companies and healthcare representatives may be asking you to make decisions and sign documents.  You will have many questions.

Attorney, Andrew Iacobelli recognized an important need to reach Canadian residents that have been injured in Florida to not only share important information but to also allow Canadians to reach out to a Personal Injury Lawyer who can help with Snowbird Accidents. “Ask the Snowbird Attorney” is an online group where members can discuss their concerns, ask questions and will help you decide if you need to speak with The Snowbird Attorney. Have you been injured in Florida and have questions? We encourage you to join the group at: Ask The Snow Bird Attorney | Facebook.

Before speaking with the insurance company, it is important to know your rights and you do not have to
face the consequences of an accident in the United States alone.  Personal injury attorney, Andrew Iacobelli, is experienced in cross-border personal injury cases and maintains offices in Ontario, Canada and Florida, USA.  Andrew is the author of  "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".  Call us for a FREE CONSULTATION at 1-866-234-6093.  We are available 24/7.

If you are a Canadian resident that has been injured while travelling to Florida, it can be very confusing to determine where to obtain help for accident claim.  The short answer is that you may need a lawyer with experience with Ontario law and Florida law.  

If the accident involves a motor vehicle, such as a car crash, or motor vehicle striking a cyclist or pedestrian then at least part of your claim for insurance benefits must proceed in Ontario.  Ontario has a no-fault benefits system known as statutory accident benefits that provide certain basic coverage for Ontario residents that are injured in accidents involving motor vehicles.  These benefits are available for accidents occurring in Canada or the United States. Such benefits must be accessed in Ontario, and any lawsuits arising out of entitlement to these benefits need to be commenced in an Ontario court.

In addition to the statutory accident benefits available to Ontario residents injured in Florida, the Ontario resident may also have a claim in tort against the at-fault party and their auto insurance policy.  For Ontario residents that sustain serious injuries in Florida, these claims usually involve claims against American and Canadian auto insurance policies.  In our experience, most often when an Ontario resident is injured in a car accident in the United States, there is insufficient insurance limits available on the at-fault Florida vehicle.  The minimum insurance limits in Florida are far less than in Ontario.  As such, Ontario residents that are injured in Florida car accidents  will often need to advance a claim in Ontario, Canada for the uninsured and underinsured benefits.  In these claims, the jurisdiction is Ontario, although some Florida law applies to resolving the claim.   
 
Cross border personal injury cases can be complex and you should not delay in consulting a Ontario personal injury lawyer to make certain that your rights are fully protected.   

​Andrew Iacobelli, obtained his Juris Doctor degree (cum laude) from Michigan State University and he is licensed to practice law in the province of Ontario and in the State of Michigan and State of Florida.  Andrew is also admitted to practice in the United States Federal Courts for the Southern, Middle and Northern Districts of Florida, and the United States Eleventh Circuit Court of Appeal.  Before returning to Ontario, Andrew litigated serious personal injury, wrongful death, and insurance bad faith claims in the United States.  Andrew has established a network of legal professionals in the United States with whom he is able to co-ordinate legal proceedings which must be conducted in the United States.

If you have been seriously injured in a Florida accident, call us for a FREE CONSULTATION toll free at 1-866-234-6093.  

If you are an Ontario resident and have recently been injured in a car accident while visiting the United States, your insurance company will ask you to complete an election of benefits form.  That is, you will be asked to elect between Ontario Accident Benefits or Accident Benefits (PIP) benefits of the State where the accident occurred.  Your response to this can have serious implications for the amount of coverage available for losses and expenses associated with such things as income loss, and medical and rehabilitation costs.  It is important to be familiar with the benefits available in Ontario and the state where the accident occurred. 

In additon to accident benefits, you will also have to determine whether you have a tort claim against an at-fault driver.  Again, the insurance coverages available under your Ontario auto policy and those of the at-fault vehicle will need to be reviewed to determine if your claim will be advanced in the United States or Ontario.

When Ontario residents are involved in car accident in the United States, there are special considerations and steps that need to be taken to protect your rights.  It is important to speak with a lawyer familiar with cross-border car accident claims before you make a costly decision.  Our law firm regularly represents Ontario residents that are injured in the United States.  If you have questions, call us for a Free Consultation at 1-866-234-6093 or complete our online contact form here.