Liability re certain circumstances
242(1)The insurer may provide under a contract evidenced by a motor vehicle liability policy, in one or more of the following cases, that it shall not be liable while,
(a)
the automobile is rented or leased to another person;
(b)
the automobile is used to carry explosives or to carry radioactive material for research, education, development or industrial purposes or for purposes incidental thereto;
(c)
the automobile is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire;
(d)
where the insured vehicle is an automobile, other than a trailer, it is used for towing a trailer owned by the insured unless like indemnity is also provided by the insurer in respect of the trailer;
(e)
where the insured vehicle is a trailer, it is towed by an automobile owned by the insured unless like indemnity is also provided by the insurer in respect of the automobile.
242(2)In paragraph (1)(
b), “radioactive material” means,
(a)
spent nuclear fuel rods that have been exposed to radiation in a nuclear reactor,
(b)
radioactive waste material,
(c)
unused enriched nuclear fuel rods, or
(d)
any other radioactive material of such quantity and quality as to be harmful to persons or property if its container were destroyed or damaged.
242(3)Paragraph (1)(
a) does not include the use by an employee of his automobile on the business of his employer and for which he is paid.
242(4)Paragraph (1)(
c) does not include,
(a)
the use by a person of his automobile for the carriage of another person in return for the former’s carriage in the automobile of the latter;
(b)
the occasional and infrequent use by a person of his automobile for the carriage of another person who shares the cost of the trip;
(c)
the use by a person of his automobile for the carriage of a temporary or permanent domestic servant of the insured or his spouse;
(d)
the use by a person of his automobile for the carriage of a client or customer or a prospective client or customer; or
(e)
the occasional and infrequent use by the insured of his automobile for the transportation of children to or from school or school activities conducted within the educational programme.
1968, c.6, s.241; 1971, c.41, s.8