In this Act,

“accident and sickness insurance”“accidents et maladie” means insurance coming within the class of personal accident insurance and sickness insurance;

“accident insurance” means insurance coming within the class of personal accident insurance, employers’ liability insurance or public liability insurance;

“aircraft insurance” means insurance against

(a) liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property,

caused by an aircraft or the use or operation thereof, or

(b) the loss of, or damage to, an aircraft;

“automobile insurance” means insurance against

(a) liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property,

caused by an automobile or the use or operation thereof, or

(b) the loss of, or damage to, an automobile,

and includes insurance coming within the class of personal accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also provides the insurance described in subparagraph (a)(i);

“boiler and machinery insurance” means insurance coming within the class of boiler insurance and machinery insurance;

“boiler insurance”“chaudières” means insurance against

(a) liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property, or

(b) the loss of, or damage to, property,

caused by the explosion or rupture of, or accident to, pressure vessels of any kind and pipes, engines and machinery connected therewith or operated thereby;

“civil commotion insurance” means insurance against the loss of, or damage to, property caused by bombardment, invasion, insurrection, mutiny, civil war, civil commotion, riot, the act of a foreign enemy, hostilities or warlike operations (whether war is declared or not), revolution, rebellion, conspiracy, usurped power or military, naval or air force operations, vandalism or malicious mischief;

“credit insurance” means insurance against loss to a person who has granted credit where the loss is the result of the insolvency or default of the person to whom credit is given but does not include insurance coming within the class of mortgage insurance;

“earthquake insurance” means insurance against the loss of, or damage to, property caused by an earthquake;

“employers’ liability insurance”“accidents de travail”

(a) means insurance against liability arising out of bodily injury to, or the disability or death of, an employee of the insured occurring as a result of or in the course of the employee’s employment, and

(b) if included in a contract that provides insurance against liability arising out of bodily injury to, or the disability or death of, an employee of the insured, includes insurance coming within the class of personal accident insurance covering an employee of the insured where the insurance is limited to accidents occurring as a result of or in the course of the employee’s employment whether or not liability exists;

“explosion insurance” means insurance against the loss of, or damage to, property caused by explosion and includes insurance coming within the class of civil commotion insurance;

“falling aircraft insurance” means insurance against the loss of, or damage to, property caused by an aircraft or by an object falling from an aircraft;

“fidelity insurance”“détournements”“détournements” means

(a) insurance against loss caused by the unfaithful performance of duties by a person in a position of trust, or

(b) insurance whereby an insurer undertakes to guarantee the proper fulfilment of the duties of an office;

“fire insurance” means insurance against the loss of, or damage to, property caused by fire, lightning, explosion due to ignition, smoke, and the breakage of or the leakage from a sprinkler or other fire protection equipment or system;

“forgery insurance” means insurance against loss caused by forgery;

“guarantee insurance” means insurance coming within the class of fidelity insurance and surety insurance;

“hail insurance”“grêle” means insurance against the loss of, or damage to, crops on the field caused by hail;

“impact by vehicles insurance”“impact de véhicules” means insurance against the loss of, or damage to, property caused by a vehicle or by an object falling from a vehicle;

“inland transportation insurance” means insurance against the loss of, or damage to, property while in transit or during delay incident to transit but does not include insurance coming within the class of marine insurance except for incidental transit on inland waterways;

“legal expense insurance” means insurance against the cost incurred by a person or persons for specified legal services, including fees or other costs incurred relative to the provision of such services;

“liability insurance” means insurance coming within the class of employers’ liability insurance and public liability insurance;

“life insurance” means insurance that is payable on the death of a person, on the happening of an event or contingency dependent on human life or for a term dependent on human life or that provides for the establishment, accumulation and payment of sinking, redemption, accumulation, renewal or endowment funds and includes

(a) insurance against disability caused by accident or sickness,

(i) if included in a policy of life insurance and if the disability benefits do not exceed the following, namely, the waiver of premiums falling due during the continuance of the disability and

(A) a disability indemnity payable for a period or periods not exceeding one hundred weeks at a weekly rate not exceeding 0.5 per cent of the sum assured on the date of the occurrence of the disability payable in event of death, and thereafter an indemnity not exceeding one half of that rate, ceasing on the termination of the life insurance risks insured against under the policy, or

(B) a lump sum disability indemnity in respect of total and permanent disability, which, together with any other disability indemnity otherwise at any time paid under the policy, does not exceed the sum assured, or

(ii) if included in a deferred annuity contract, a disability indemnity not exceeding the rate of annuity provided by the contract, and

(b) insurance against accidental death, accidental dismemberment or accidental loss of sight in one eye or in both eyes, if included in a policy of life insurance and if the additional benefit payable in event of accidental death does not exceed twice the sum assured on the date of death payable in event of death from any cause and the benefit payable in event of accidental dismemberment or accidental loss of sight does not exceed that sum assured;

“limited hail insurance” means insurance against the loss of, or damage to, property, other than crops on the field, caused by hail;

“limited or inherent explosion insurance” means insurance against the loss of, or damage to, property caused by the explosion of dust, gas or other substance, where the explosion arises out of hazards inherent in the business conducted on the premises;

“livestock insurance” means insurance against the loss, sickness or death of, or injury to, animals, birds or fish;

“loss of employment insurance”“perte d’emploi” means insurance against the involuntary loss of employment by a person where the loss of employment benefit is limited to all or part of the debt of the person;

“machinery insurance” means insurance against

(a) liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property, or

(b) the loss of, or damage to, property,

caused by breakdown of machinery;

“marine insurance”“maritimes et fluviales” means insurance against

(a) liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property, or

(b) the loss of, or damage to, property,

occurring during a voyage or marine adventure at sea or on an inland waterway or during delay incident thereto or during transit, otherwise than by water, incident to such a voyage or marine adventure;

“mortgage insurance” means insurance against loss caused by default on the part of a borrower under a loan secured by a mortgage on real property, a hypothec on immovable property or an interest in real or immovable property;

“personal accident insurance”“accidents corporels” means

(a) insurance against loss resulting from bodily injury to, or the death of, a person caused by an accident, or

(b) insurance whereby an insurer undertakes to pay a certain sum or sums of money in the event of bodily injury to, or the death of, a person caused by an accident;

“personal property insurance” means insurance against the loss of, or damage to, movable or personal property but does not include insurance coming within the class of aircraft insurance or automobile insurance;

“plate glass insurance” means insurance against the loss of, or damage to, plate or other glass;

“property insurance”“assurances de biens” means insurance against the loss of, or damage to, property and includes insurance coming within the class of forgery insurance but does not include insurance coming within the class of aircraft insurance, automobile insurance or hail insurance;

“public liability insurance”

(a) means insurance against liability arising out of

(i) bodily injury to, or the death of, a person, or

(ii) the loss of, or damage to, property, and

(b) includes insurance against expenses arising out of bodily injury to a person other than the insured or a member of the family of the insured, whether liability exists or not, if the insurance is included in a contract for the insurance described in paragraph (a), but

(c) does not include insurance coming within the class of aircraft insurance, automobile insurance or employers’ liability insurance;

“real property insurance” means insurance against the loss of, or damage to, real or immovable property resulting from any cause not specifically mentioned in other classes of insurance covering real or immovable property;

“sickness insurance”“maladie” means

(a) insurance against loss resulting from the illness or disability of a person other than loss resulting from death,

(b) insurance whereby an insurer undertakes to pay a certain sum or sums of money in the event of the illness or disability of a person, or

(c) insurance against expenses incurred for dental care,

other than illness or disability or dental care arising out of an accident;

“sprinkler leakage insurance” means insurance against the loss of, or damage to, property from water or other substance, caused by the breakage of, or leakage from, sprinkler equipment or other fire protection system or pumps, water pipes or plumbing and its fixtures;

“surety insurance” means insurance whereby an insurer undertakes to guarantee

(a) the due performance of a contract or undertaking, or

(b) the payment of a penalty or indemnity for any default,

but does not include insurance coming within the class of credit insurance or mortgage insurance;

“theft insurance” means insurance against the loss of, or damage to, property caused by theft, wrongful conversion, burglary, housebreaking or robbery, and includes insurance against loss caused by forgery;

“title insurance” means insurance against loss or damage caused by

(a) a defect in the title to real property,

(b) the existence of a lien, encumbrance or servitude on real property,

(c) a defect in the execution of a mortgage, hypothec or deed of trust in respect of real property, or

(d) any other matter affecting the title to real property or the right to the use and enjoyment of real property;

“water damage insurance” means insurance against the loss of, or damage to, property caused by

(a) the escape of water

(i) from plumbing, heating or sprinkler or other fire protection equipment or system in a building, or

(ii) from any water main or water pipe outside of a building, or

(b) the melting of ice or snow on the roof of a building,

but does not include insurance coming within the class of weather insurance;

“weather insurance” means insurance against the loss of, or damage to, property caused by rain, flood, windstorm, cyclone, tornado or other climatic conditions but does not include insurance coming within the class of hail insurance;

“windstorm insurance” means insurance against the loss of, or damage to, property caused by windstorm, cyclone or tornado.

1991, c. 47, Sch.; 1997, c. 15, s. 333.