For each type of policy, insurance companies have a range of premium levels that may be charged based on various factors that are considered at the time an application is submitted. For example, the premium for an auto insurance policy will vary depending on the applicant’s driving habits, such as number of miles driven and whether the auto is used for business, the age and model of the vehicle, and whether the applicant has recently been convicted of a traffic violation. The premium for a life insurance policy will vary depending on the applicant’s age and health condition. Rating factors must be reasonably related to the risk being insured, and state law often limits the specific rating factors that may be considered for certain types of insurance.

The rates and rating factors for most types of insurance must be filed with the insurance regulatory agency for each state where the insurance is to be sold. In some states and for some types of insurance, the rates must get regulatory approval before they can be used.

The Supreme Court of Canada recently granted leave to appeal from an Ontario Court of Appeal decision regarding social host liability which may signal that a significant change is about to occur in this area of the law.

In Childs v. Desormeaux (2004), 239 D.L.R. (4th) 61, the plaintiff suffered injuries when the car in which she was riding was struck by an impaired driver. Prior to the collision, the impaired driver was at a “bring your own booze” (“BYOB”) party at the defendants’ home and became impaired. The plaintiff sued the defendants as social hosts in negligence for damages. The Trial Judge held that there was a duty on the social hosts to monitor the impaired driver’s drinking because of his history of being a heavy drinker and because he arrived at the party with two intoxicated passengers. However, for policy reasons, the Trial Judge declined to impose a duty of care on the
social hosts, and dismissed the action.

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