- Are my legal fees covered if I sue someone?
- Who is and is NOT covered?
- Privacy and Confidentiality
- Need help or want to lodge a complaint?
- Role of HKMB International Insurance Brokers?
- Differences between the Identity Theft Coverage offered by PWUPP and that offered by banks and credit card companies
- Who Needs Title Insurance?
- Where can I get detailed information on coverages?
- Quebec Residents
- Why aren't retirees eligible for the PWUPP?
- Can retirees buy coverage at their own expense?
- What happens with respect to an active member who has registered for the PWUPP and then retirees?
- Are my legal fees and bills covered if I incur the costs after February 26th, 2007 but the fees relate to claims, suits, or otherwise legal proceedings arising out of events that occurred before February 26th, 2007?
1. Are my legal fees covered if I sue someone?
NO. Legal defence coverage provides coverage for the legal fees involved in defending AGAINST a covered charge or law suit. If you sue someone (including a spouse in a family proceeding), legal fees are NOT covered. The only exception to this is legal fees if you are a plaintiff in a mutual separation or mutual divorce agreements or matrimonial legal proceedings commenced on or after February 26, 2011.
2. Who is and is NOT covered?
- Who is covered:
- Regular and PWU Hiring Hall members in good standing of the Power Workers' Union who reside in Ontario or Quebec. This includes:
- Regular full-time, part-time, and seasonal employees
- Members of the PWU Hiring Hall
- Probationary employees
- Employees on Long Term Disability
- Quebec residents are also eligible.
- Covered family members
- Spouse - Includes:
- A person legally married to the employee
- A person who is publicly represented by the employee as their spouse
- A same sex partner
- Divorced spouses are not covered
- Only one person can be considered a qualified spouse at any one time. In the event that an employee takes up residence with an individual and publicly represents that individual as their spouse, the spousal status of any other individual is automatically terminated.
- Includes any child of the employee or their spouse, and legally adopted children, who must meet all of the following criteria:
- Must be unmarried
- Must be unemployed
- Must be attending school full time (in which case the student may be employed outside school attendance times)
- Must be under 24 years old
- Other qualified dependents
- Children to whom the employee stands in the position of a parent for purposes of the Income Tax Act, the Divorce Act or the Family Law Act. This may include nieces, nephews, or grandchildren. Such dependents are covered only if they meet the following conditions:
- Under age 19, and
- Is a resident in Canada living with the employee, and
- Is fully dependent for support, food/shelter on the employee and
- Has a personal income of less than the basic personal amount under the Income Tax Act.
- Who is NOT covered
- Pensioners, retirees
- Temporary members
- Transit Card Holders
- Contract employees
3. Privacy and Confidentiality
- Will the PWU have access to any information?
Any information obtained as part of the registration form is strictly owned, managed, and controlled by the PWU and is collected, retained and used only for purposes of keeping track of and engaging in Union business, including the representation of the PWU membership. Consistent with these purposes:
- This information will not be accessible by anyone else.
- This information will not be used by any other third parties for any purposes whatsoever.
- The information and membership list will not be used to solicit or sell anything whatsoever.
- What happens if I have a claim... will anyone see any information about my claim?
Any information obtained as part of a claim or Incident Report is strictly private and confidential information between you (Insured Member of the Power Workers' Union Protection Plan) and the insurance company.
- In short, the PWU will not be notified or informed about any type of claim that occurs. The PWU will not have any kind of access to any kind of records or information about any specific claims. This information is strictly protected, and is private and confidential.
- Insurance companies are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). They cannot and will not use, share, or distribute any of your information in any way, except strictly for the purposes of managing, adjusting, and settling your claim.
- The PWU has taken great care in choosing trusted, reputable insurers and developing contracts and agreements to safeguard the security of everyone insured under the Power Workers' Union Protection Plan.
- Note – To learn more about privacy, your rights, and PIPEDA, go to http://www.privcom.gc.ca/aboutUs/index_e.asp or you can print the Act at http://www.privcom.gc.ca/legislation/02_06_01_e.asp.
Please click here for the Power Workers' Union Protection Plan Privacy Statement.
4. Need help or want to lodge a complaint?
- Call the Power Workers' Union Protection Plan Call Centre.
- Rest assured that the Call Centre is secure, private and confidential.
- The Power Workers' Union Protection Plan works closely with professional, independent insurance brokers – HKMB International Insurance Brokers.
- HKMB is there to provide help, assistance and support to the PWU and its members with respect to the Power Workers' Union Protection Plan.
- HKMB also has a strong claims team to support you if there is a problem or issue with a claim.
- If necessary, the Power Workers' Union Protection Plan Call Centre will get in touch with HKMB on your behalf.
5. Role of HKMB International Insurance Brokers?
- HKMB International Insurance Brokers are appointed as the insurance brokers for the Power Workers' Union Protection Plan. Simply put, HKMB co-ordinates the insurance policies, answers your questions, services and helps you with your issues or complaints, and ensures you are treated fairly by the insurance company – especially in the event of a claim.
- An insurance broker has a fiduciary responsibility to each and every insured, including all members of the Power Workers' Union Protection Plan. This means that it is their job to work in your best interest, and to advocate your interests to the insurance company.
- Independent brokers pride themselves on offering personalized, caring service to their clients. They understand the confusion and stress felt when a loss occurs. If you need help or if a problem arises, HKMB will help guide you through the claims process.
- HKMB has the staff, resources, expertise, and clout with the insurance companies to be of assistance and to support you when you need them.
- To learn more about insurance brokers in Ontario, their role and services, visit http://www.ibao.org/html/consumers/.
6. Differences between the Identity Theft Coverage offered by PWUPP and that offered by banks and credit card companies
Banks and credit card companies do not hold you liable for purchases made fraudulently on your behalf using their credit card. However, identity theft affects more than just your limit or balance with any one financial institution or credit card.
If your identity is stolen by professional criminals:
- You could find yourself the holder of a fraudulently taken mortgage or loan
- A seriously eroded credit rating, and
- The inability to get further credit putting your existing mortgage and finances in jeopardy.
- You might even face criminal prosecution for crimes committed while the thieves veiled themselves in your identity.
- Coverage for out of pocket expenses outlined below
- Defence costs for certain civil suits – e.g. suits by collection agencies
- Attorney fees incurred in removing criminal or civil judgments wrongly entered against you;
- Costs incurred in challenging information in a credit report.
- Coverage for out of pocket expenses as outlined below – not covered by most credit card companies.
- Re-filing loans
- Certified mail
- Long distance charges
- Notaries for completing and delivering fraud affidavits
- Lost wages for time taken off work to resolve the problem.
- Defined Recovery Process / ID Theft Recovery Kit
- Some credit card companies provide kits and information on who to call, but they do not generally provide a claims consultant to assist you with the process.
- The PWUPP's insurance partners, being HKMB International Insurance Brokers and American Home Assurance Company (AIG), will be there with experienced professionals to assist you in your time of need. They will help you identify what you must do to terminate further losses and end the crime, and then how to go about restoring and recovering your identity.
- You will also have access to the resources of professional, experienced identity recovery and restoration firms.
7. Who Needs Title Insurance?
Everyone who owns residential property!
Mortgage fraud is an increasing problem in Canada and the US. Title insurance addresses some of the impact felt by residential property owners who find themselves victims of this kind of fraud.
Existing Property Owners
Over the last 5 years it has been common for real estate lawyers to include title insurance in every new home or condo purchase. If you bought your house, condo, cottage, or farm more than five years ago, chances are you don't have title insurance.
New Property Owners
If you are planning to buy a house, condo, cottage, or farm on or after February 26th, 2007 PWUPP can save you the added expense of purchasing the insurance through you lawyer.
Should you register for Title Insurance through PWUPP?
- YES, if you already own a house, condo or other residential property and don't have title insurance on that property.
- YES, if you primary residence is protected by title insurance but any secondary residences you own are not protected. You can apply the PWUPP coverage to a secondary residence, e.g. cottage, rental property, farm, etc.
- YES, if you are buying a home, condo or other residential property after February 26th, 2007 you can save $300 to $500 (or more depending on your lawyer, insurer, and value of the property) by registering for coverage with PWUPP.
- Note that members whose home purchases are paid for by their employer must exhaust eligibility for title insurance payment from their employer first before having recourse to this policy.
8. Where can I get detailed information on coverages?
9. Quebec Members
Quebec members are eligible for all coverages. However, there may be some differences in terms of reimbursements due to the Quebec Civil Code. We will work with you to ensure a seamless product offering.
When you call to register, identify yourself as a Quebec Member of the Power Workers' Union.
10. Why aren't retirees eligible for the PWUPP?
The Union carefully considered whether it could make accessible to its members and retirees a valuable insurance package. Cost combined with the number of retirees (which substantially exceeds the number of active members) made it impossible for the Union to do so, taking account of the requirement that the Plan be funded in a fiscally prudent manner. Regular members and PWU Hiring Hall members are eligible.
11. Can retirees buy coverage at their own expense?
HKMB, the Insurance Brokers in respect of the PWUPP, have been asked to structure a product that members of the PWU Retirees Chapter can purchase directly from HKMB to provide coverage. Details will follow once the product is structured.
12. What happens with respect to an active member who has registered for the PWUPP and then retires?
- A PWUPP member who retires retains title insurance on his or her registered property for as long as he/she retains a registered interest in the property
- Note also that a member may register a property, the title of which is held solely by the member's spouse, but only if the member is one of the occupants of the property. In this case, the spouse would retains title insurance on his or her registered property for as long as he/she retains a registered interest in the property.
- The member remains covered for identity theft and legal defence for incidents that occurred during the most recent policy period, for instance the current policy period being February 26th, 2007 to February 26th, 2008. Such a member would be covered for claims that occurred during that timeframe and which are reported to the insurer during that timeframe.
- Because of the premium payment structure arranged by the PWU, if a member retires in June of a year, but has his or her identity stolen in October of that year, they are covered for the incident.
- Moreover, if he or she is sued or charged criminally with respect to an incident that occurred during that policy period, he or she would still be covered by the PWUPP in respect of that incident. However, please note that notice of claim must be given to the insurer before expiration of that policy period.
- Therefore, a member who is going to retire and becomes aware of an incident that may give rise to a civil suit or criminal charge against the member should ensure that he or she notifies the insurer of the potential claim before the end of the policy period in which the event occurs.
- Example: Member A is the subject of a criminal investigation resulting from a physical altercation that took place in June and the member retires the next October. The member must inform the insurer of the event (even though no charges have been laid) before February 26 of the next year, the date on which his coverage ends.
13. Are my legal fees and bills covered if I incur the costs after February 26th, 2007 but the fees relate to claims, suits, or otherwise legal proceedings arising out of events that occurred before February 26th, 2007?
Legal fees are only covered if the proximate cause is on or after inception date of the policy, being February 26th, 2007. Even if your bills are incurred after this date, the policy will not respond if the criminal act, negligence, or other events (which necessitated the legal fees) occurred before February 26th, 2007.
All of the above are Rev. #1 5/25/2011