Acts and Regulations

I-12 - Insurance Act

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Coverage
123(1)Subject to subsection (4) of this section and to paragraph 130(a), in any contract to which this Part applies, the contract shall be deemed to cover the insured property,
(a) against fire, whether resulting from explosion or otherwise, not occasioned by or happening through,
(i) in the case of goods, their undergoing any process involving the application of heat,
(ii) riot, civil commotion, war, invasion, act of foreign enemy, hostilities whether war be declared or not, civil war, rebellion, revolution, insurrection or military power;
(b) against lightning, but excluding destruction or loss to electrical devices or appliances caused by lightning or other electrical currents unless fire originates outside the article itself and only for such destruction or damage as occurs from such fire; and
(c) against explosion, not occasioned by or happening through any of the perils specified in subparagraph (a)(ii), of natural, coal or manufactured gas in a building not forming part of a gas works, whether fire ensues therefrom or not.
123(2)Unless a contract to which this Part applies otherwise specifically provides, it does not cover the insured property against loss or damage caused by contamination by radioactive material directly or indirectly resulting from fire, lightning or explosion within the meaning of subsection (1).
123(3)Where property insured under a contract covering at a specified location is necessarily removed to prevent loss or damage or further loss or damage thereto, that part of the insurance under the contract that exceeds the amount of the insurer’s liability for any loss incurred shall for seven days only or for the unexpired term of the contract if less than seven days, cover the property removed and any property remaining in the original location in the proportions that the value of the property in each of the respective locations bears to the value of the property in them all.
123(4)Nothing in subsection (1) precludes an insurer giving more extended insurance against perils mentioned therein, but in that case this Part does not apply to the extended insurance.
123(5)An insurer licensed to carry on fire insurance may include in its insurance contracts a clause or endorsement providing that, in the case of live stock insured against death or injury caused by fire or lightning, the word “lightning” is deemed to include other electrical currents.
1968, c.6, s.123
Fire insurance
123(1)Subject to subsection (4) of this section and to paragraph 130(a), in any contract to which this Part applies, the contract shall be deemed to cover the insured property,
(a) against fire, whether resulting from explosion or otherwise, not occasioned by or happening through,
(i) in the case of goods, their undergoing any process involving the application of heat,
(ii) riot, civil commotion, war, invasion, act of foreign enemy, hostilities whether war be declared or not, civil war, rebellion, revolution, insurrection or military power;
(b) against lightning, but excluding destruction or loss to electrical devices or appliances caused by lightning or other electrical currents unless fire originates outside the article itself and only for such destruction or damage as occurs from such fire; and
(c) against explosion, not occasioned by or happening through any of the perils specified in subparagraph (a)(ii), of natural, coal or manufactured gas in a building not forming part of a gas works, whether fire ensues therefrom or not.
123(2)Unless a contract to which this Part applies otherwise specifically provides, it does not cover the insured property against loss or damage caused by contamination by radioactive material directly or indirectly resulting from fire, lightning or explosion within the meaning of subsection (1).
123(3)Where property insured under a contract covering at a specified location is necessarily removed to prevent loss or damage or further loss or damage thereto, that part of the insurance under the contract that exceeds the amount of the insurer’s liability for any loss incurred shall for seven days only or for the unexpired term of the contract if less than seven days, cover the property removed and any property remaining in the original location in the proportions that the value of the property in each of the respective locations bears to the value of the property in them all.
123(4)Nothing in subsection (1) precludes an insurer giving more extended insurance against perils mentioned therein, but in that case this Part does not apply to the extended insurance.
123(5)An insurer licensed to carry on fire insurance may include in its insurance contracts a clause or endorsement providing that, in the case of live stock insured against death or injury caused by fire or lightning, the word “lightning” is deemed to include other electrical currents.
1968, c.6, s.123