Acts and Regulations

I-12 - Insurance Act

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Recovery by innocent persons
116.1(1)If a contract contains a term or condition excluding coverage for loss or damage to property caused by a criminal or intentional act or omission of an insured or any other person, the exclusion applies only to the claim of a person
(a) whose act or omission caused the loss or damage,
(b) who abetted or colluded in the act or omission,
(c) who
(i) consented to the act or omission, and
(ii) knew or ought to have known that the act or omission would cause the loss or damage, or
(d) who is not a natural person.
116.1(2)Nothing in subsection (1) allows a person whose property is insured under the contract to recover more than the person’s proportionate interest in the lost or damaged property.
116.1(3)A person whose coverage would be excluded but for subsection (1) shall
(a) cooperate with the insurer in respect of the investigation of the loss, including by submitting to an examination under oath if requested by the insurer,
(b) in addition to producing any documents required by the contract, produce for examination, at a reasonable place and time specified by the insurer, all documents in the person’s possession or control that relate to the loss, and
(c) comply with any other requirement prescribed by regulation.
116.1(4)The Lieutenant-Governor in Council may make regulations prescribing requirements with which persons shall comply for the purpose of paragraph (3)(c).
2018, c.6, s.1