Acts and Regulations

I-12 - Insurance Act

Full text
Application, form of application, policy, certificate
228(1)An insurer shall ensure that a copy of the written application, signed by the insured or his or her agent, or, if no signed application is made, a copy of the purported application, or a copy of such part of the application or purported application as is material to the contract, is embodied in, endorsed upon or attached to the policy when issued by the insurer.
228(2)If no signed written application is received by the insurer prior to the issue of the policy, the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, a form of application to be completed and signed by the insured and returned to the insurer.
228(3)Subject to subsection (5), the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, the policy or a true copy thereof and every endorsement or other amendment to the contract.
228(4)Where a written application signed by the insured or his agent is made for a contract, the policy evidencing the contract shall be deemed to be in accordance with the application unless the insurer points out in writing to the insured named in the policy in what respect the policy differs from the application, and, in that event, the insured shall be deemed to have accepted the policy unless within one week from the receipt of the notification he informs the insurer in writing that he rejects the policy.
228(5)Where an insurer adopts the standard owner’s policy, it may, instead of issuing the policy, issue a certificate in the form approved by the Superintendent that when issued shall be of the same force and effect as if it was in fact the standard owner’s policy, subject to the limits and coverages shown on the certificate and any endorsements issued concurrently or subsequently, but at the request of an insured at any time, the insurer shall provide a copy of the standard owner’s policy wording as approved by the Superintendent.
228(6)Where a certificate is issued pursuant to subsection (5), subsection (9) of this section and subsection 253(2) apply, mutatis mutandis.
228(7)Where an insurer issues a certificate under the provisions of subsection (5), proof of the terms of the policy may be given by production of a copy of The Royal Gazette containing the form of standard owner’s policy approved by the Superintendent.
228(8)Prima facie proof of the contents of the standard owner’s policy may be given by the production of what purports to be an insurer’s owner’s policy and proof of the contents of the standard owner’s policy may be given by the production of a copy of the policy and a certificate purporting to be under the hand of the Superintendent that the copy is the standard owner’s policy approved under subsection 226(6), which copy and certificate shall be admissible in evidence without proof of the signature or official position of the Superintendent.
228(9)Upon every application form and policy, there shall be printed or stamped in conspicuous type a copy of subsection 229(1).
1968, c.6, s.228; 1971, c.41, s.5; 2004, c.36, s.12; 2008, c.2, s.7; 2008, c.11, s.14
Application and policy
228(1)A copy of the written application, signed by the insured or his agent, or, if no signed application is made, a copy of the purported application, or a copy of such part of the application or purported application as is material to the contract, shall be embodied in, endorsed upon or attached to the policy when issued by the insurer.
228(2)If no signed written application is received by the insurer prior to the issue of the policy, the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, a form of application to be completed and signed by the insured and returned to the insurer.
228(3)Subject to subsection (5), the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, the policy or a true copy thereof and every endorsement or other amendment to the contract.
228(4)Where a written application signed by the insured or his agent is made for a contract, the policy evidencing the contract shall be deemed to be in accordance with the application unless the insurer points out in writing to the insured named in the policy in what respect the policy differs from the application, and, in that event, the insured shall be deemed to have accepted the policy unless within one week from the receipt of the notification he informs the insurer in writing that he rejects the policy.
228(5)Where an insurer adopts the standard owner’s policy, it may, instead of issuing the policy, issue a certificate in the form approved by the Superintendent that when issued shall be of the same force and effect as if it was in fact the standard owner’s policy, subject to the limits and coverages shown on the certificate and any endorsements issued concurrently or subsequently, but at the request of an insured at any time, the insurer shall provide a copy of the standard owner’s policy wording as approved by the Superintendent.
228(6)Where a certificate is issued pursuant to subsection (5), subsection (9) of this section and subsection 253(2) apply, mutatis mutandis.
228(7)Where an insurer issues a certificate under the provisions of subsection (5), proof of the terms of the policy may be given by production of a copy of The Royal Gazette containing the form of standard owner’s policy approved by the Superintendent.
228(8)Prima facie proof of the contents of the standard owner’s policy may be given by the production of what purports to be an insurer’s owner’s policy and proof of the contents of the standard owner’s policy may be given by the production of a copy of the policy and a certificate purporting to be under the hand of the Superintendent that the copy is the standard owner’s policy approved under subsection 226(6), which copy and certificate shall be admissible in evidence without proof of the signature or official position of the Superintendent.
228(9)Upon every application form and policy, there shall be printed or stamped in conspicuous type a copy of subsection 229(1).
1968, c.6, s.228; 1971, c.41, s.5; 2004, c.36, s.12; 2008, c.2, s.7
Application and policy
228(1)A copy of the written application, signed by the insured or his agent, or, if no signed application is made, a copy of the purported application, or a copy of such part of the application or purported application as is material to the contract, shall be embodied in, endorsed upon or attached to the policy when issued by the insurer.
228(2)If no signed written application is received by the insurer prior to the issue of the policy, the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, a form of application to be completed and signed by the insured and returned to the insurer.
228(3)Subject to subsection (5), the insurer shall deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, the policy or a true copy thereof and every endorsement or other amendment to the contract.
228(4)Where a written application signed by the insured or his agent is made for a contract, the policy evidencing the contract shall be deemed to be in accordance with the application unless the insurer points out in writing to the insured named in the policy in what respect the policy differs from the application, and, in that event, the insured shall be deemed to have accepted the policy unless within one week from the receipt of the notification he informs the insurer in writing that he rejects the policy.
228(5)Where an insurer adopts the standard owner’s policy or the no frills policy, it may, instead of issuing the policy, issue a certificate in a form approved by the Superintendent that when issued shall be of the same force and effect as if it was in fact the standard owner’s policy or the no frills policy, subject to the limits and coverages shown on the certificate and any endorsements issued concurrently or subsequently, but at the request of an insured at any time, the insurer shall provide a copy of the standard owner’s policy wording or the no frills policy wording as approved by the Superintendent.
228(6)Where a certificate is issued pursuant to subsection (5), subsection (9) of this section and subsection 253(2) apply, mutatis mutandis.
228(7)Where an insurer issues a certificate under the provisions of subsection (5), proof of the terms of the policy may be given by production of a copy of The Royal Gazette containing the form of standard owner’s policy or no frills policy approved by the Superintendent.
228(8)Prima facie proof of the contents of the standard owner’s policy or no frills policy may be given by the production of what purports to be an insurer’s owner’s policy or no frills policy and proof of the contents of the standard owner’s policy or no frills policy may be given by the production of a copy of the policy and a certificate purporting to be under the hand of the Superintendent that the copy is the standard owner’s policy or no frills policy approved pursuant to subsection 226(6) or (6.2) of the Insurance Act which copy and certificate shall be admissible in evidence without proof of the signature or official position of the Superintendent.
228(9)Upon every application form and policy, there shall be printed or stamped in conspicuous type a copy of subsection 229(1).
1968, c.6, s.228; 1971, c.41, s.5; 2004, c.36, s.12