MB-Realtor

Rather than divert this thread.

http://britishexpats.com/forum/showt...75#post7516175


Apology is a problem when it comes to Liability Insurance and Court Cases.

In my re-licensing education last week this area was covered, due to Realtors liability insurance.

In Manitoba there is an Act, The Apology Act

http://web2.gov.mb.ca/laws/statutes/2007/c02507e.php
and
http://news.gov.mb.ca/news/index.htm...1-01&item=2608

Bill 202 allows health-care workers and other professionals to make an apology without it constituting an admission of legal liability.

This legislation was designed to help health-care workers to admit errors and keep communications open in moving forward on patient safety, it also applies to other professionals including Real Estate Agents and Brokers.

The Apology Act follows similar legislation that exists in British Columbia, Australia and several American jurisdictions.

There is a Catch 22 though, our liability insurance specifically states that we are not allowed to apologize, under any circumstances, and to do so will void our insurance policy. I would expect that there is a similar clause in all professional and corporate liability insurance, maybe in personal and home liability insurance also. It certainly used to be included in Car insurance policies in the UK.

If I made a serious mistake, I would like to be able to apologize at the time, but if I did so It opens me (and my family) to potentially large $ losses. But even with the intervention of a well meaning law, We still can't say Sorry.

montreal mike

I have no problems with what you write but i still feel it is sad and a sign of the times .. reminds me of those companies who settle for big bucks without admitting lialibility or saying sorry, and no one gets fired, which begs the question why bother to pay up in the first place.

MB-Realtor

I am in total agreement with you, it is a sign of the times, but it is also one that is not understood by many people, causing them to feel even more resentment and anger when something happens and no apology is offered.

Many people would like to apologize but their hands are tied (or mouths pushed shut) by the Insurance companies.

Steve_P

So I wonder what the legal beagles would say if you said "I'd like to apologise, but I can't so I wont."

fledermaus

Good to know. Thanks for passing this on

Calgal

Thanks for that Stewart - if the same is true here, then it would explain why my insurance was hit for a 'no-contact' accident in a private parking lot that was definitely NOT my fault! The price of having good manners?! If I'd known then what I know now, I would have just buggered off (no, I wouldn't really - my conscience wouldn't let me)

I shall (try to) keep it firmly zipped in future :curse:

I agree with Montreal Mike - it is sad, and not only would we have expected an apology, we most likely would have got one! Progress aint always so great, eh?

MB-Realtor

I suppose you could just say,

"The BlankityBlank was most unfortunate.

My Liability Insurance prohibits me from offering an apology even if one was warranted."

Whats AlmostCanadian's opinion on this.

scrubbedexpat091

Cheaper to settle then to fight it in court, companies seem to prefer the least costly option.

You could win in court but it could also cost you far more money.

Every company I have worked for has always told us to never apologize if a customer got hurt or their was an accident and my insurance papers for my car insurance on their accident checklist always had Do not offer an apology in the event of an accident, refer all questions to your agent, speak only to the police and your agent regarding the accident, or something similar to that.

Almost Canadian

There are two issues here: how the law treats it and how your insurer will treat it.

Most policies that I have seen are voidable by the insurer if the insured apologizes - so don't say anything unless you don't want your insurer to cover you. I have to admit that I am amazed by how badly most Canadian insurers treats their policyholders. Denying coverage seems to be the standard response with a long, expensive proceeding following to enable the insured to obtain what is, usually, their's. Looking back, I am amazed how well most UK insurers treated their insureds (valuations aside).

"Admissions" can be made and can be withdrawn in accordance with the common law and the Rules of Court in most jurisdictions. A quick look at the legislation that Stewart has referred to would suggest that such an apology is not admissable in Court in any event and also suggests that such an apology is not capable of voiding a policy of insurance.

No lawyer worth his/her salt, would ever advise a client to admit liability for anything until all the facts are known. Human nature usually means that people do accept responsibility for their actions. If you don't admit liability, no real issues arise, whether your conscience allows you to do this, is a matter for all of us to wrestle with.

MB-Realtor

The advice that we (Manitoba Realtors) received was that despite Manitoba 's Apology Act, we would void our insurance if we apologized.

Almost Canadian

I don't practise in Manitoba so I admit I may well be wrong, but the statute seems clear to me.

Purley

One of the senior partners in the last law firm I worked for had an insurance file. He said the only waythe insurance company would pay out was if you were standing on your left leg on the 14 block Albert Street at 3 pm on a Thursday afternoon -- if that wasn't the case - you wouldn't get paid out!!!

MB-Realtor

Catch 22 applies.

The insurance company is always right until proven wrong in Court, and appealed and proven wrong, and appealed to the Federal Court of Appeal and proved wrong... .