Acts and Regulations

I-12 - Insurance Act

Section 255
Disposition versions

Full text
Policy shall provide for payment, regulations, payment constitutes release
255(1)In this section
“insured automobile” means the automobile as defined or described under the contract;(automobile assurée)
“person insured under the contract” means,(personne assurée aux termes du contrat)
(a) in respect of a claim for damage to the insured automobile, the owner of the automobile,
(b) in respect of a claim for damage to the contents of the insured automobile, the owner of the contents,
(c) in respect of a claim for bodily injuries or death,
(i) any person while driving, being carried in or upon or entering or getting on to or alighting from the insured automobile,
(ii) the insured named in the contract and, if residing in the same dwelling premises as the insured named in the contract, his or her spouse and any dependent relative,
(A) while driving, being carried in or upon or entering or getting on to or alighting from an uninsured automobile, or
(B) who is struck by an uninsured or unidentified automobile, but does not include a person struck while driving, being carried in or upon or entering or getting on to or alighting from railway rolling stock that runs on rails,
(iii) if the insured named in the contract is a corporation, unincorporated association or partnership, any director, officer, employee or partner of the insured named in the contract, for whose regular use the insured automobile is furnished and, if residing in the same dwelling place, his or her spouse and any dependent relative,
(A) while driving, being carried in or upon or entering or getting on to or alighting from an uninsured automobile, or
(B) who is struck by an uninsured or unidentified automobile, but does not include a person struck while driving, being carried in or upon or entering or getting on to or alighting from railway rolling stock that runs on rails,
if such director, officer, employee or partner or his or her spouse is not the owner of an automobile insured under a contract;
“unidentified automobile” means an automobile with respect to which the identity of either the owner or driver cannot be ascertained;(automobile non identifiée)
“uninsured automobile” means an automobile with respect to which neither the owner nor driver of it has applicable and collectible bodily injury liability and property damage liability insurance for its ownership, use or operation, but does not include an automobile owned by or registered in the name of the insured or his or her spouse.(automobile non assurée)
255(2)Every contract evidenced by a motor vehicle liability policy shall provide for payment by the insurer of all sums that
(a) a person insured under the contract is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile,
(b) a person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the contract resulting from an accident involving an automobile, and
(c) a person insured under the contract is legally entitled to recover from the identified owner or driver of an uninsured automobile as damages for accidental damage to the insured automobile or its contents, or to both the insured automobile and its contents, resulting from an accident involving an automobile,
subject to the terms, conditions, provisions, exclusions and limits prescribed by regulation.
255(3)A dependent relative referred to in the definition “person insured under the contract” in subsection (1)
(a) who is the owner of an automobile insured under a contract, or
(b) who sustains bodily injuries or dies as the result of an accident while driving, being carried in or upon or entering or getting on to or alighting from his or her own uninsured automobile,
shall be deemed not to be a dependent relative for the purposes of this section.
255(4)The Lieutenant-Governor in Council may make regulations
(a) prescribing, amending or altering the terms, conditions, provisions, exclusions and limits with respect to payments under subsection (2);
(b) deeming any term, condition, provision, exclusion, or limit as prescribed, amended or altered by a regulation made under paragraph (a) to be included in any motor vehicle liability policy made or renewed on or after the effective date of the regulation and in any motor vehicle liability policy that is subsisting on the effective date of the regulation;
(c) requiring that terms, conditions, provisions, exclusions and limits as prescribed, amended or altered by a regulation made under paragraph (a) be attached to or included in every motor vehicle liability policy as a schedule in or to the policy.
255(5)Any payments made or available to a person under a contract of insurance referred to in subsection (2) constitute, to the extent of such payments, a release by the person or the person’s personal representative or any person claiming through or under the person or by virtue of the Fatal Accidents Act, of any claim that the person may have under subsection (2), but nothing in this subsection precludes an insurer from demanding, as a condition precedent to payment, a release to the extent of the payment from the person insured or the person’s personal representative or any other person.
255(6)A release within the meaning of subsection (5) shall not enure to the benefit of the person or persons against whom the insurer has a right to subrogation under this Act.
255(7)This section applies to all contracts evidenced by motor vehicle liability policies made or renewed on or after the commencement of this subsection, and all contracts evidenced by motor vehicle liability policies that were subsisting on the commencement of this subsection shall be deemed to provide for the payments referred to in subsection (2) in respect of an accident arising out of the use or operation of an automobile occurring on or after the commencement of this subsection.
1968, c.6, s.253; 1989, c.17, s.4; 1991, c.27, s.19
Limited accident insurance
255(1)In this section
“insured automobile” means the automobile as defined or described under the contract;
“person insured under the contract” means,
(a) in respect of a claim for damage to the insured automobile, the owner of the automobile,
(b) in respect of a claim for damage to the contents of the insured automobile, the owner of the contents,
(c) in respect of a claim for bodily injuries or death,
(i) any person while driving, being carried in or upon or entering or getting on to or alighting from the insured automobile,
(ii) the insured named in the contract and, if residing in the same dwelling premises as the insured named in the contract, his or her spouse and any dependent relative,
(A) while driving, being carried in or upon or entering or getting on to or alighting from an uninsured automobile, or
(B) who is struck by an uninsured or unidentified automobile, but does not include a person struck while driving, being carried in or upon or entering or getting on to or alighting from railway rolling stock that runs on rails,
(iii) if the insured named in the contract is a corporation, unincorporated association or partnership, any director, officer, employee or partner of the insured named in the contract, for whose regular use the insured automobile is furnished and, if residing in the same dwelling place, his or her spouse and any dependent relative,
(A) while driving, being carried in or upon or entering or getting on to or alighting from an uninsured automobile, or
(B) who is struck by an uninsured or unidentified automobile, but does not include a person struck while driving, being carried in or upon or entering or getting on to or alighting from railway rolling stock that runs on rails,
if such director, officer, employee or partner or his or her spouse is not the owner of an automobile insured under a contract;
“unidentified automobile” means an automobile with respect to which the identity of either the owner or driver cannot be ascertained;
“uninsured automobile” means an automobile with respect to which neither the owner nor driver of it has applicable and collectible bodily injury liability and property damage liability insurance for its ownership, use or operation, but does not include an automobile owned by or registered in the name of the insured or his or her spouse.
255(2)Every contract evidenced by a motor vehicle liability policy shall provide for payment by the insurer of all sums that
(a) a person insured under the contract is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile,
(b) a person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the contract resulting from an accident involving an automobile, and
(c) a person insured under the contract is legally entitled to recover from the identified owner or driver of an uninsured automobile as damages for accidental damage to the insured automobile or its contents, or to both the insured automobile and its contents, resulting from an accident involving an automobile,
subject to the terms, conditions, provisions, exclusions and limits prescribed by regulation.
255(3)A dependent relative referred to in the definition “person insured under the contract” in subsection (1)
(a) who is the owner of an automobile insured under a contract, or
(b) who sustains bodily injuries or dies as the result of an accident while driving, being carried in or upon or entering or getting on to or alighting from his or her own uninsured automobile,
shall be deemed not to be a dependent relative for the purposes of this section.
255(4)The Lieutenant-Governor in Council may make regulations
(a) prescribing, amending or altering the terms, conditions, provisions, exclusions and limits with respect to payments under subsection (2);
(b) deeming any term, condition, provision, exclusion, or limit as prescribed, amended or altered by a regulation made under paragraph (a) to be included in any motor vehicle liability policy made or renewed on or after the effective date of the regulation and in any motor vehicle liability policy that is subsisting on the effective date of the regulation;
(c) requiring that terms, conditions, provisions, exclusions and limits as prescribed, amended or altered by a regulation made under paragraph (a) be attached to or included in every motor vehicle liability policy as a schedule in or to the policy.
255(5)Any payments made or available to a person under a contract of insurance referred to in subsection (2) constitute, to the extent of such payments, a release by the person or the person’s personal representative or any person claiming through or under the person or by virtue of the Fatal Accidents Act, of any claim that the person may have under subsection (2), but nothing in this subsection precludes an insurer from demanding, as a condition precedent to payment, a release to the extent of the payment from the person insured or the person’s personal representative or any other person.
255(6)A release within the meaning of subsection (5) shall not enure to the benefit of the person or persons against whom the insurer has a right to subrogation under this Act.
255(7)This section applies to all contracts evidenced by motor vehicle liability policies made or renewed on or after the commencement of this subsection, and all contracts evidenced by motor vehicle liability policies that were subsisting on the commencement of this subsection shall be deemed to provide for the payments referred to in subsection (2) in respect of an accident arising out of the use or operation of an automobile occurring on or after the commencement of this subsection.
1968, c.6, s.253; 1989, c.17, s.4; 1991, c.27, s.19