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ALBERTA STANDARD AUTOMOBILE POLICY
S.P.F. NO. 1
(Please read this carefully)
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Index
INSURING AGREEMENTS
INSURING AGREEMENTS
Now, Therefore in Consideration of the payment of the premium specified
and of the statements contained in the application and subject to the limits, terms,
conditions, provisions, definitions and exclusions herein stated and subject always to
the condition that the Insurer shall be liable only under the section(s) or subsection(s)
of the following Insuring Agreements A, B, C for which a premium is specified in Item 4 of
the application and no other.
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SECTION
A THIRD
PARTY LIABILITY
The Insurer agrees to indemnify the Insured and, in the same manner and
to the same extent as if named herein as the Insured, every other person who with his
consent personally drives the automobile, or personally operates any part thereof, against
the liability imposed by law upon the Insured or upon any such other person for loss or
damage arising from the ownership, use or operation of the automobile and resulting from
BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO
PROPERTY
The Insurer shall not be liable under this section,
- for any liability imposed by any workmen's compensation law upon any person insured by
this section; or
- deleted
- for loss or damage resulting from bodily injury to or the death of any employee of any
person insured by this section while engaged in the operation or repair of the automobile;
or
- for loss of or damage to property carried in or upon the automobile or to any property
owned or rented by, or in the care, custody or control of any person insured by this
section; or
- deleted
- deleted
- for any amount in excess of the limit(s) stated in section A of item 4 of the
application and expenditures provided for in the Additional Agreements of this section;
subject always to the provisions of the section of the Insurance Act (Automobile Insurance
Part) relating to the nuclear energy hazard;
- for any liability arising from contamination of property carried in the automobile.
See also General Provisions, Definitions, Exclusions and Statutory
Conditions of this Policy
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ADDITIONAL AGREEMENTS OF INSURER
Where indemnity is provided by this section the Insurer shall,
- upon receipt of notice of loss or damage caused to persons or property, serve any person
insured by this Policy by such investigation thereof, or by such negotiations with the
claimant, or by such settlement of any resulting claims, as may be deemed expedient by the
Insurer; and
- defend in the name and on behalf of any person insured by this Policy and at the cost of
the Insurer any civil action which may at any time be brought against such person on
account of such loss or damage to persons or property; and
- pay all costs taxed against any person insured by this Policy in any civil action
defended by the Insurer and any interest accruing after entry of judgment upon that part
of the judgment which is within the limit(s) of the Insurer's liability; and
- in case the injury be to a person, reimburse any person insured by this Policy for
outlay for such medical aid as may be immediately necessary at the time of such injury;
and
- be liable up to the minimum limit(s) prescribed for that province or territory of Canada
in which the accident occurred, if that limit(s) is higher than the limit(s) stated in
section A of Item 4 of the application; and
- not set up any defence to a claim that might not be set up if the policy were a motor
vehicle liability policy issued in the province or territory of Canada in which the
accident occurred.
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AGREEMENTS OF INSURED
Where indemnity is provided by this section, every person insured by this Policy
- by the acceptance of this Policy, constitutes and appoints the Insurer his irrevocable
attorney to appear and defend in any province or territory of Canada in which action is
brought against the Insured arising out of the ownership, use or operation of the
automobile;
- shall reimburse the Insurer, upon demand, in the amount which the Insurer has paid by
reason of the provisions of any statute relating to automobile insurance and which the
Insurer would not otherwise be liable to pay under this Policy.
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SECTION B ACCIDENT
BENEFITS
The Insurer agrees to pay to or with respect to each insured person as
defined in this section who sustains bodily injury or death directly and independently of
all other causes by an accident arising out of the use or operation of an automobile.
SUBSECTION 1 MEDICAL
PAYMENTS AND FUNERAL BENEFITS
- All reasonable expenses incurred within two years from the date of the accident as a
result of such injury for necessary medical, surgical, chiropractic, dental, hospital,
professional nursing, and ambulance service and, in addition for such other services and
supplies which are, in the opinion of the insured person's attending physician and that of
the Insurer's medical adviser, essential for the treatment or rehabilitation of said
person, to the limit of $10,000 per person.
1.1 Not withstanding subsection (1), any chiropractic services provided under
subsection (1) is limited to $500 per person.
- Funeral services up to the amount of $2,000 in respect to the death of any one person.
The Insurer shall not be liable under this subsection for those
portions of such expenses payable or recoverable under any medical, surgical, dental or
hospitalization plan or law or, except for similar insurance provided under another
automobile insurance contract, under any other insurance contract or certificate issued to
or for the benefit of, any insured person.
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SUBSECTION 2DEATH
AND TOTAL DISABILITY
Part
I Death Benefits
- Subject to the provisions of this Part 1, for
death, a payment of a Principal Sum
based on the age and status at the date of the accident of the deceased in a household
where the head of the household or the spouse or dependents survive of
the following amount:
|
|
Status of Deceased at Date of Accident |
Age of Deceased at Date of Accident |
Head of Household |
Spouse in Two-parent Households |
Dependent Relative |
Up to age of 4 years |
|
|
$1,000 |
5 to 9 years |
|
|
$2,000 |
10 to 17 years |
$10,000 |
$10,000 |
$3,000 |
18 to 64 years |
$10,000 |
$10,000 |
$2,000 |
65 to 69 years |
$10,000 |
$10,000 |
$2,000 |
70 years and over |
$10,000 |
$10,000 |
$1,000 |
In addition, with respect to death of head of household,
- where there are two or more survivorsbeing
spouse and/or dependent relatives the principal sum payable is increased
20% for
each survivor other than the first; and
- where there are one or more survivors, being spouse and/or dependent relatives, 1% of
the total principal sum payable each week for a period of 104 weeks. Any weekly benefit
shall terminate upon death of all such survivors.
For the purposes of this Part I
- "head of household" means that member
of a household with the largest income in the year preceding the date of
the
accident;
- "dependent relative" means a person
- under the age of 18 years for whose support the head of household or the spouse of the
head of household (or both of them) is legally liable and who is dependent upon either or
both of them for financial support; or
- 18 years of age or over and residing in the same dwelling premises as the head of
household who, because of mental or physical infirmity, is principally dependent upon the
head of household or the spouse of the head of household (or both of them) for financial
support;
- the total sum payable shall be paid with respect to death of head of household or spouse
to the surviving spouse. If there is no surviving spouse in thehousehold, no amount shall
be payable unless there are surviving dependent relatives and in that event the total sum
payable shall be divided equally among the surviving dependent relatives;
- the total amount payable with respect to death due to a common disaster of head of
household and spouse shall be paid equally to surviving dependent relatives;
- the sum payable with respect to the death of a dependent relative shall be paid to the
head of household or, if he does not survive, to the surviving spouse of the head of
household but, if neither the head of household nor the spouse survives, no amount is
payable;
- amounts payable under this Part I shall be paid only to a person who is alive 60 days
after the death of the insured person;
- the amount payable under this Part I for the death of any person shall be reduced by the
amount of any payments made to or for such person with respect to the same accident under
Part II, Total Disability.
Part II Total Disability
A weekly benefit for the period during which the injury shall wholly and continuously
disable such insured person, provided
- such person was employed at the date of the accident;
- within 60 days from the date of the accident such injury prevents him from performing
any and every duty pertaining to his occupation or employment;
- no benefit shall be payable for the first seven days of such disability or for any
period in excess of 104 weeks.
Amount of Weekly Benefit The weekly
benefit payable shall be the lesser
of:
- $300 per week, and
- 80% of the average gross weekly earnings, less any payments for loss of income from
employment received by or available to such insured person under Subsection 2 (A) or 2 (B)
of this Section B.
The above benefits shall be subject to the terms of clause (3) below.
For the purpose of this Part II,
- a spouse residing in the same dwelling premises as her husband or his wife and not
otherwise engaged in occupation or employment for wages or profit, if injured, shall be
deemed disabled only if completely incapacitated and unable to perform any of her or his
household duties and while so incapacitated shall receive $100 per week for not more than
26 weeks.
- a person shall be deemed to be employed
- if actively engaged in occupation or employment for wages or profit at the date of the
accident, or
- if 18 years of age or over, so engaged for any six months during the 12 months preceding
the date of the accident.
- where the benefits for loss of time payable hereunder, together with benefits for loss
of time under another contract, including a contract of group accident insurance and a
life insurance contract providing disability insurance, exceed the money value of the time
of the insured person, the Insurer is liable only for that proportion of the benefits for
loss of time stated in this Policy that the money value of the time of the person insured
bears to the aggregate of the benefits for loss of time payable under all such contracts;
- the disability of the insured person shall be certified by a duly qualified medical
practitioner, if so required by the Insurer.
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SUBSECTION 2(A) - SUPPLEMENTED BENEFITS RESPECTING
ACCIDENTS
OCCURRING OUTSIDE ALBERTA IN A NO-FAULT JURISDICTION
- In this Subsection, 2(A)
- "accident" means an event resulting
in bodily injury caused by an automobile or by the use of an automobile
or by the load of an automobile, including damage caused by
a trailer;
- "applicable laws" means, with
respect to a no-fault jurisdiction, the laws in force from time to
time governing
the system of no-fault automobile insurance in that
jurisdiction;
- "insured person" means an individual
who is a resident of Alberta and who
- is an occupant of the described automobile or of a newly acquired or temporary
substitute automobile as defined in this policy,
- is an occupant of an automobile and is
- the named insured, or a spouse of the named insured living in the same dwelling premises
as the named insured, or
- a dependent relative of an individual referred to in paragraph (A) living in the same
dwelling premises as the named insured,
- while a pedestrian, is struck by the described automobile or a newly acquired or
temporary substitute automobile as defined in this policy,
- while a pedestrian, is struck by an automobile and is
- the named insured, or a spouse of the named insured living in the same dwelling premises
as the named insured, or
- a dependent relative of an individual referred to in paragraph (A) living in the same
dwelling premises as the named insured,
- is the occupant of an automobile or a pedestrian struck by an automobile and is
- an employee or partner of the named insured who is provided with the regular use of the
described automobile, or a spouse of the employee living in the same dwelling premises as
the employee or a spouse of the partner living in the same dwelling premises as the
partner, or
- a dependent relative of an individual referred to in paragraph (A) living in the same
dwelling premises as that individual, or
- is
- the occupant of an automobile, or
- a pedestrian struck by an automobile
driven by an individual described in any of subclauses (i) through (v), but does not
include an individual who is, at the time of an accident in Quebec, the owner or occupant
of an automobile registered in Quebec;
- "no-fault jurisdiction" means
the Province of Quebec, Ontario, Manitoba or Saskatchewan;
- "pedestrian" means an individual
who is not an occupant of an automobile;
- "resident of Alberta" means an
individual who
- is authorized by law to be or to remain in Canada and is living and ordinarily present
in Alberta, and
- meets the criteria for non-residency in the no-fault jurisdiction established by the
applicable laws of the no-fault jurisdiction.
- The definition of "insured person" under
the heading Special Provisions, Definitions, and Exclusions of Section
B does
not apply to this Subsection.
- Where an insured person suffers personal injury as a result of an accident occurring in
a no-fault jurisdiction, the insurer agrees to pay to the insured person the amount that
would be payable under the applicable laws of the no-fault jurisdiction as if the insured
person were a resident of the no-fault jurisdiction.
- For the purposes of calculating an amount payable under (3) in respect of an accident
occurring in Quebec, references in the Automobile Insurance Act (Quebec) to other
statutes or regulations of Quebec used to calculate an amount payable under (3) shall be
read as references to corresponding Alberta statutes or regulations or federal statutes or
regulations that apply in Alberta.
- In any claim or action in Alberta arising out of an accident in Alberta, the insurer
agrees not to exercise its right of subrogation against a resident of Manitoba or
Saskatchewan in respect of Section B - Accident Benefits paid to a resident of Alberta
under this policy.
- No exclusion or limitation in Section B or in the General Provisions, Definitions and
Exclusions and the Statutory Conditions of this policy may be raised by the insurer in
respect of a claim by an insured under (3).
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SUBSECTION 3 UNINSURED
MOTORIST COVER
All sums which every insured person shall be legally entitled to recover as damages for
bodily injury and all sums which any other person shall be legally entitled to recover as
damages because of the death of any insured person, from the owner or driver of an
uninsured or unidentified automobile as defined herein.
- The Insurer shall not be liable under this subsection,
- to any person who has a right of recovery under an unsatisfied judgment or similar fund
or plan in effect in any jurisdiction of Canada or the United States of America;
- to any person who, without the written consent of the Insurer, makes directly or through
his representative any settlement with or prosecutes to judgment any action against any
person or organization which may be legally liable therefor;
- for any amount in excess of the minimum limit(s) for automobile bodily injury liability
insurance applicable in the jurisdiction in which the accident occurs regardless of the
number of persons so injured or killed, but in no event shall such limit(s) exceed the
minimum limit(s) applicable in the jurisdiction stated in Item 1 of the application.
- Uninsured automobile defined
An "uninsured automobile" under
this section means an automobile with respect to which neither the
owner nor
driver thereof has applicable and collectible bodily injury liability
insurance for its ownership, use or
operation, but shall not include an automobile owned by or registered in
the name of
- the named insured or by any person residing in the same dwelling premises therewith; or
- the governments of Canada or the United States of America or any political sub-division
thereof or any agency or corporation owned or controlled by any of them; or
- any person who is an authorized self-insurer within the meaning of a financial or safety
responsibility law; or
- any person who has filed a bond or otherwise given proof of financial responsibility
with respect to his liability for the ownership, use or operation of automobiles.
- Unidentified automobile defined
An "unidentified" automobile
under this subsection means an automobile which causes bodily injury
or death
to an insured person arising out of physical contact of such automobile
with the automobile of which the
insured person is an occupant at the time of the accident, provided
- the identity of either the owner or driver of such automobile cannot be ascertained, and
- the insured person or someone on his behalf has reported the accident within 24 hours to
a police, peace or judicial officer or to an administrator of motor vehicle laws and shall
have filed with the Insurer within 30 days thereafter a statement under oath that the
insured person or his legal representative has a cause or causes of action arising out of
such accident for damages against a person or persons whose identity cannot be ascertained
and setting forth the facts in support thereof; and
- at the request of the Insurer, the insured person or his legal representative makes
available for inspection the automobile of which the insured person was an occupant at the
time of the accident.
- Limitation of liability
- If claim is made under this subsection
and claim is also made against any person who is an insured under section
AThird
Party Liability of this Policy, any payment under this subsection shall
be applied in reduction of any amount which the insured person may
be entitled to recover from any person who is insured under section A;
- Any payment made under section A or under subsections 1 or 2 of section B of this Policy
to an insured person hereunder shall be applied in reduction of any amount which such
person may be entitled to recover under this subsection.
- Determination of legal liability and amount of damages
The determination as to
whether the insured person shall be legally entitled to recover damages and if so
entitled, the amount thereof, shall be made by agreement between the insured person and
the Insurer.
If any difference arises between the insured person and the Insurer as to whether the
insured person is legally entitled to recover damages and, if so entitled, as to the
amount thereof these questions shall be submitted to arbitration of some person to be
chosen by both parties, or if they cannot agree on one person, then by two persons, one to
be chosen by the insured person and the other by the Insurer and a third person to be
appointed by the persons so chosen. The submission shall be subject to the provisions of
The Arbitration Act and the award shall be binding upon the parties.
- Notice of legal action
If, before the Insurer makes payment of loss hereunder,
the insured person or his representative shall institute any legal action for bodily
injury or death against any other person owning or operating an automobile involved in the
accident, a copy of the writ of summons or other process served in connection with such
legal action shall be forwarded immediately to the Insurer.
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SPECIAL PROVISIONS, DEFINITIONS, AND EXCLUSIONS OF SECTION
B
- "INSURED PERSON" DEFINED
In
this section, the words "insured
person" mean
- any person while an occupant of the described automobile or of a newly acquired or
temporary substitute automobile as defined in this policy;
- the insured and, if residing in the same dwelling premises as the insured, his or her
spouse and any dependent relative of either while an occupant of any other automobile;
provided that
- the insured is an individual or are two spouses in a household;
- such person is not engaged in the business of selling, repairing, maintaining,
servicing, storing or parking automobiles at the time of the accident;
- such other automobile is not owned or regularly or frequently used by the insured or by
any person or persons residing in the same dwelling premises as the insured;
- such other automobile is not owned, hired, or leased by an employer of the insured or by
an employer of any person or persons residing in the same dwelling premises as the
insured;
- such other automobile is not used for carrying passengers for compensation or hire or
for commercial delivery;
- in Subsection 1 and 2 of Section B only, any person, not the occupant of an automobile
or of railway rolling-stock that runs on rails, who is struck, in Canada, by the described
automobile or a newly acquired or temporary substitute automobile as defined in the
policy.
- in Subsection 1 and 2 of Section B only, the named insured, if an individual and his or
her spouse and any dependent relative residing in the same dwelling premises as the named
insured, not the occupant of an automobile or of railway rolling-stock that runs on rails,
who is struck by any other automobile; provided that
- such person is not engaged in the business of selling, repairing, maintaining,
servicing, storing, or parking automobiles at the time of the accident;
- that automobile is not owned or regularly or frequently used by the insured or by any
person or persons residing in the same dwelling premises as the named insured;
- that automobile is not owned, hired, or leased by an employer of the insured or by an
employer of any person or persons residing in the same dwelling premises as the named
insured;
- if the insured is a corporation, unincorporated association, or partnership, or a sole
proprietorship, any employee or partner of the insured for whose regular use the
automobile is furnished, and his or her spouse and any dependent relative of either,
residing in the same dwelling premises as such employee or partner, while an occupant of
any other automobile; and
- in Subsections 1 and 2 of Section B only, any employee or partner of the insured, for
whose regular use the automobile is furnished, and his or her spouse and any dependent
relative of either, residing in the same dwelling premises as such employee or partner,
while not the occupant of an automobile or of railway rolling-stock that runs on rails,
who is struck by any other automobile; provided that in respect of (e) and (f) above,
- neither such employee nor partner or his or her spouse is the owner of an automobile;
- such person is not engaged in the business of selling, repairing, maintaining,
servicing, storing, or parking automobiles at the time of the accident;
- such other automobile is not owned or regularly or frequently used by the employee or
partner, or by any person or persons residing in the same dwelling premises as such
employee or partner;
- such other automobile is not owned, hired, or leased by the insured or by an employer of
any person or persons residing in the same dwelling premises as such employee or partner
of the insured; in respect of (e) above only,
- such other automobile is not used for carrying passengers for compensation or hire or
for commercial delivery.
- EXCLUSIONS
- The Insurer shall not be liable under clause (I) of subsection 1 nor under Part II of
subsection 2 of this section B for bodily injury to any person
- resulting from the suicide of such person or attempt thereat, whether sane or insane; or
- who is entitled to receive the benefits of any workmen's compensation law or plan as a
result of the accident; or
- where the person at the time of the accident is engaged in a race or speed test; or
- caused directly by sickness or disease; or
- who is using the automobile for any illicit or prohibited trade or transportation.
- The Insurer shall not be liable under Part II of subsection 2 of this section B for
bodily injury
- sustained by any person who is convicted of an offence under section 253(b) of The
Criminal Code (driving with more than 80 milligrams of alcohol in 100 millilitres of
blood) or under section 253(a) of The Criminal Code (driving while ability to drive
impaired by alcohol or a drug) occurring at the time of the accident, or
- sustained by any person driving the automobile who is under the age prescribed by the
law of the jurisdiction in which the accident occurs as being the minimum age at which a
licence or permit to drive the automobile may be issued to him; or
- sustained by any person driving the automobile who is not for the time being either
authorized by Law or qualified to drive the automobile.
- NOTICE AND PROOF OF CLAIM
The insured person or his agent, or the person otherwise entitled
to make claim or his agent, shall
- give written notice of claim to the Insurer by delivery thereof or by sending it by
registered mail to the chief agency or head office of the insurer in the Province, not
later than 30 days from the date of the accident, or as soon as practicable thereafter;
- within 90 days from the date of the accident for which the claim is made, or as soon as
practicable thereafter, furnish to the Insurer such proof of claim as is reasonably
possible in the circumstances of the happening of the accident and the loss occasioned
thereby;
- if so required by the Insurer, furnish a certificate as to the cause and nature of the
accident for which the claim is made and as to the duration of the disability caused
thereby from a duly qualified medical practitioner.
- MEDICAL REPORTS
The Insurer has the right and the claimant shall afford to a duly qualified medical
practitioner named by the Insurer an opportunity to examine the person of the insured's
person when and as often as it reasonably requires while the claim is pending, and also,
in the case of the death of the insured person, to make an autopsy subject to the law
relating to autopsies.
- RELEASE
Notwithstanding any release provided for under the relevant sections of The Insurance
Act of the Province, the Insurer may demand, as a condition precedent to payment of any
amount under Section B of the policy, a release in favour of the insured and the Insurer
from liability to the extent of such payment from the insured person or his personal
representative or any other person.
- WHEN MONEYS PAYABLE
- All amounts payable under Section B other than benefits under Part II of Subsection 2
hereof shall be paid by the Insurer within 60 days after it has received proof of claim.
The initial benefits for loss of time under Part II of Subsection 2 hereof shall be paid
within 30 days after it has received proof of claim, and payments shall be made thereafter
within each 30 day period while the Insurer remains liable for payments if the insured
person, whenever required to do so, furnishes prior to payment proof of continuing
disability.
- No person shall bring an action to recover the amount of a claim under this section
unless the requirements of provisions 3 and 4 hereof are complied with, nor until the
amount of the loss has been ascertained as provided in this section.
- Every action or proceeding against the Insurer for the recovery of a claim under this
section shall be commenced within one year from the date on which the cause of action
arose and not afterwards.
See also general provisions, definitions, exclusions, and statutory
conditions of this policy.
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SECTION
C LOSS
OF OR DAMAGE TO INSURED AUTOMOBILE
The Insurer agrees to indemnify the Insured against direct and accidental loss of or
damage to the automobile, including its equipment
Subsection 1 ALL PERILS from
all perils;
Subsection 2 COLLISION OR UPSET caused
by collision with
another object or by upset;
Subsection 3 COMPREHENSIVE from
any peril other than by
collision with another object or by upset;
The words "another object" as used in
this subsection 3 shall be deemed to include (a) a vehicle to which the automobile
is attached
and (b) the surface of the
ground and any object therein or thereon. Loss or damage caused by missiles,
falling or flying objects, fire, theft, explosion, earthquake, windstorm,
hail, rising water,
malicious mischief, riot or civil commotion shall be deemed loss or damage caused
by
perils for which insurance is provided under this subsection 3.
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- caused
by fire, lightning, theft or attempt thereat, windstorm, earthquake,
hail, explosion, riot or
civil commotion, falling or forced landing of aircraft or of parts thereof,
rising water, or the stranding, sinking, burning, derailment or collision
of
any conveyance in or upon
which the automobile is being transported on land or water;
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DEDUCTIBLE CLAUSE
Each occurrence causing loss or damage covered under any subsection of
section C except loss or damage caused by fire or lightning or theft of the entire
automobile covered by such subsection, shall give rise to a separate claim in respect of
which the Insurer's liability shall be limited to the amount of loss or damage in excess
of the amount deductible, if any, stated in the applicable subsection of section C of Item
4 of the application.
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EXCLUSIONS
The Insurer shall not be liable,
- under any subsection of Section C for loss or damage
- to tires or consisting of or caused by mechanical fracture or breakdown of any part of
the automobile or by rusting, corrosion, wear and tear, freezing, or explosion within the
combustion chamber, unless the loss or damage is coincident with other loss or damage
covered by such subsection or is caused by fire, theft or malicious mischief covered by
such subsection; or
- caused by the conversion, embezzlement, theft or secretion by any person in lawful
possession of the automobile under a mortgage, conditional sale, lease or other similar
written agreement; or
- caused by the voluntary parting with title or ownership, whether or not induced to do so
by any fraudulent scheme, trick, device or false pretense; or
- caused directly or indirectly by contamination by radioactive material; or
- to contents of trailers or to rugs or robes; or
- to tapes and equipment for use with a tape player or recorder when such tapes or
equipment are detached therefrom; or
- where the insured drives or operates the automobile
- while under the influence of intoxicating liquor or drugs to such an extent as to be for
the time being incapable of the proper control of the automobile; or
- while in a condition for which he is convicted of an offence under section 253 of the
Criminal Code (Canada) or under or in connection with circumstances for which he is
convicted of an offence under section 254 of the Criminal Code (Canada); or
- where the insured permits, suffers, allows or connives at the use of the automobile by
any person contrary to the provisions of (g);
- under subsections 3 (Comprehensive), 4 (Specified Perils) only, for loss or damage
caused by theft by any person or persons residing in the same dwelling premises as the
Insured, or by any employee of the Insured engaged in the operation, maintenance or repair
of the automobile whether the theft occurs during the hours of such service or employment
or not.
See also General Provisions, Definitions, Exclusions and Statutory
Conditions of this Policy
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ADDITIONAL AGREEMENTS OF INSURER
- Where loss or damage arises from a peril for which a premium is specified under a
subsection of this section, the Insurer further agrees:
- to pay general average, salvage and fire department charges and customs duties of Canada
or of the United States of America for which the Insured is legally liable;
- to waive subrogation against every person who, with the insured's consent, has care,
custody or control of the automobile, provided always that this waiver shall not apply to
any person (1) having such care, custody or control in the course of the business of
selling, repairing, maintaining, servicing, storing or parking automobiles, or (2) who has
(i) committed a breach of any condition of this policy or (ii) driven or operated the
automobile in the circumstances referred to in (i) or (ii) of paragraph (g) of the
Exclusions to Section C of this policy;
- to indemnify the Insured and any other person who personally drives a temporary
substitute automobile as defined in the General Provisions of this Policy against the
liability imposed by law or assumed by the Insured or such other person under any contract
or agreement for direct and accidental physical loss or damage to such automobile and
arising from the care, custody and control thereof; provided always that:
- such indemnity is subject to the deductible clause and exclusions of each such
subsection;
- if the owner of such automobile has or places insurance against any peril insured by
this section, the indemnity provided herein shall be limited to the sum by which the
deductible amount, if any, of such other insurance exceeds the deductible amount stated in
the applicable subsection of this Policy;
- the Additional Agreements under section A of this Policy shall insofar as they are
applicable, extend to the indemnity provided herein.
- Loss of Use by Theft Where indemnity
is provided under subsections 1, 3 or 4 of section C hereof the Insurer
further agrees,
following a theft of the entire automobile
covered thereby, to reimburse the Insured for expense not exceeding $25.00
for any one day nor totalling more than $750.00 incurred for the rental
of a substitute automobile
including taxicabs and public means of transportation.
Reimbursement is limited to such
expense incurred during the period commencing seventy-two hours after such theft has been
reported to the Insurer or the police and terminating, regardless of the expiration of the
policy period, (a) upon the date of the completion of repairs to or the replacement of the
property lost or damaged, or (b) upon such earlier date as the Insurer makes or tenders
settlement for the loss or damage caused by such theft.
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GENERAL PROVISIONS, DEFINITIONS AND EXCLUSIONS
- TERRITORY
This Policy applies only while the automobile is being operated, used, stored or parked
within Canada, the United States of America or upon a vessel plying between ports of those
countries.
-
OCCUPANT DEFINED
In this Policy the word "occupant" means
a person driving, being carried in or upon or entering or getting on
to or alighting from an automobile.
-
CONSENT OF OWNER
No person shall be entitled to indemnity or payment under this Policy who is an
occupant of any automobile which is being used without the consent of the owner thereof.
-
GARAGE PERSONNEL EXCLUDED
No person who is engaged in the business of selling, repairing,
maintaining, storing, servicing or parking automobiles shall be entitled to indemnity or
payment under this Policy for any loss, damage, injury or death sustained while engaged in
the use or operation of or while working upon the automobile in the course of that
business or while so engaged is an occupant of the described automobile or a newly
acquired automobile as defined in this Policy, unless the person is the owner of such
automobile or his employee or partner.
-
AUTOMOBILE DEFINED
In this Policy except where stated
to the contrary the words "the automobile" mean:
Under sections A (Third Party Liability), B (Accident Benefits), C (Loss of or
Damage to Insured Automobile)
- The Described Automobile - an automobile, trailer or semi-trailer specifically described
in the Policy or within the description of insured automobiles set forth therein;
- A Newly Acquired Automobile an automobile,
ownership of which is acquired by the insured and, within fourteen
days following the date of its delivery to him, notified to
the Insurer in respect of which the insured has no other valid insurance,
if either it replaces an automobile described in the application or
the Insurer insures (in respect of
the section or subsection of the Insuring Agreements under which claim
is made) all automobiles owned by the lnsured at such delivery date
and in respect of which the Insured
pays any additional premium required; provided however, that insurance
hereunder shall not apply if the Insured is engaged in the business
of selling automobiles;
and under
sections A (Third Party Liability) and B (Accident Benefits) only
- A Temporary Substitute Automobile an
automobile not owned by the Insured, nor by any person or persons residing
in
the same dwelling premises as the Insured, while
temporarily used as the substitute for the described automobile which
is not in use by any person insured by this Policy, because of its
breakdown, repair, servicing, loss,
destruction or sale;
- Any Automobile of the Private Passenger or Station Wagon type, other than the described
automobile, while personally driven by the Insured, or by his or her spouse if residing in
the same dwelling premises as the Insured provided that
- the described automobile is of the private passenger or station wagon type;
- the Insured is an individual or are husband and wife;
- neither the Insured nor his or her spouse is driving such automobile in connection with
the business of selling, repairing, maintaining, servicing, storing or parking
automobiles;
- such other automobile is not owned or regularly or frequently used by the Insured or by
any person or persons residing in the same dwelling premises as the Insured;
- such other automobile is not owned, hired or leased by an employer of the Insured or by
an employer of any person or persons residing in the same dwelling premises as the
Insured;
- such other automobile is not used for carrying passengers for compensation or hire or
for commercial delivery;
- If the Insured is a corporation, unincorporated association or registered
co-partnership, any automobile of the private passenger or station wagon type, other than
the described automobile, while personally driven by the employee or partner for whose
regular use the described automobile is furnished, or by his or her spouse if residing in
the same dwelling premises as such employee or partner, provided that
- neither such employee or partner or his or her spouse is the owner of an automobile of
the private passenger or station wagon type;
- the described automobile is of the private passenger or station wagon type;
- neither such employee, partner or spouse is driving the automobile in connection with
the business of selling, repairing, maintaining, servicing, storing or parking
automobiles;
- such other automobile is not owned, hired or leased or regularly or frequently used by
the Insured or such employee or by any partner of the Insured or by any persons residing
in the same dwelling premises as any of the aforementioned persons;
- such other automobile is not used for carrying passengers for compensation or hire or
commercial delivery.
- Trailers any trailer used in connection
with the automobile.
-
TWO OR MORE AUTOMOBILES
- When two or more automobiles are described hereunder (i) with respect to the use or
operation of such described automobiles, each automobile shall be deemed to be insured
under a separate policy; (ii) with respect to the use or operation of an automobile not
owned by the Insured, the limit of the Insurer's liability shall not exceed the highest
limit applicable to any one described automobile;
- When the Insured owns two or more automobiles which are insured as described automobiles
under two or more automobile insurance policies, the limit of the Insurer under this
Policy with respect to the use or operation of an automobile not owned by the Insured
shall not exceed the proportion that the highest limit applicable to any one automobile
described in this Policy bears to the sum of the highest limits applicable under each
policy and in no event shall exceed such proportion of the highest limit applicable to any
one automobile under any policy;
- A motor vehicle and one or more trailers or semi-trailers attached thereto shall be held
to be one automobile with respect to the limit(s) of liability under insuring Agreements A
and B and separate automobiles with respect to the limit(s) of liability, including
deductible provisions, under Insuring Agreement C.
-
WAR RISKS EXCLUDED
The Insurer shall not be liable under section B or C of this Policy for any loss,
damage, injury or death caused directly or indirectly by bombardment, invasion, civil war,
insurrection, rebellion, revolution, military or usurped power, or by operation of armed
forces while engaged in hostilities, whether war be declared or not.
-
EXCLUDED USES
Unless coverage is expressly given by an endorsement of this Policy, the Insurer shall
not be liable under this Policy while:
- the automobile is rented or leased to another; provided that the use by an employee of
his automobile on the business of his employer and for which he is paid shall not be
deemed the renting or leasing of the automobile to another;
- the automobile is used to carry explosives, or to carry radioactive material for
research, education, development or industrial purposes, or for purposes incidental
thereto;
- the automobile is used as a taxicab, public omnibus, livery, jitney or sightseeing
conveyance or for carrying passengers for compensation or hire; provided that the
following uses shall not be deemed to be the carrying of passengers for compensation or
hire:
- the use by the Insured of his automobile for the carriage of another person in return
for the former's carriage in the automobile of the latter;
- the occasional and infrequent use of the Insured of his automobile for the carriage of
another person who shares the cost of the trip;
- the use by the Insured of his automobile for the carriage of a temporary or permanent
domestic servant of the Insured or his spouse;
- the use by the Insured of his automobile for the carriage of clients or customers or
prospective clients or customers;
- the occasional and infrequent use by a person of his automobile for the transportation
of children to or from activities conducted as part of an educational program.
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STATUTORY CONDITIONS
In
these Statutory Conditions, unless the context otherwise requires, the word "insured" means a person insured by this contract whether named or not.
Statutory Conditions 2, 3, 4, 5, 6 and 7 shall not apply to Section BAccident
Benefits.
Material Change in Risk
- The Insured named in this contract shall promptly notify the insurer, or its local
agent, in writing, of any change in the risk material to the contract and within his
knowledge.
- Without restricting the generality of the
foregoing the words "change in the risk
material to the contract" include:
- any change in the insurable interest of the insured named in this contract in the
automobile by sale, assignment or otherwise, except through change of title by succession,
death or proceedings under the Bankruptcy Act (Canada);
and with respect to insurance
against loss of or damage to the automobile;
- any mortgage, lien or encumbrance affecting the automobile after the application for
this contract;
- any other insurance of the same interest, whether valid or not, covering loss or damage
insured by this contract or any portion thereof.
Prohibited Use by Insured
- The insured shall not drive or operate the automobile,
- unless he is for the time being either authorized by law or qualified to drive or
operate the automobile; or
- while his licence to drive or operate an automobile is suspended or while his right to
obtain a licence is suspended or while he is prohibited under order of any court from
driving or operating an automobile; or
- while he is under the age of 16 years or under such other age as is prescribed by the
law of the province in which he resides at the time this contract is made as being the
minimum age at which a licence or permit to drive an automobile may be issued to him; or
- for any illicit or prohibited trade or transportation; or
- in any race or speed test.
Prohibited Use by Others
- The insured shall not permit, suffer, allow or connive at the use of the automobile,
- by any person
- unless that person is for the time being either authorized by law or qualified to drive
or operate the automobile; or
- while that person is under the age of 16 years or under such other age as is prescribed
by the law of the province in which he resides at the time this contract is made as being
the minimum age at which a licence or permit to drive an automobile may be issued to him;
or
- by any person who is a member of the household of the insured while his licence to drive
or operate an automobile is suspended or while his right to obtain a licence is suspended
or while he is prohibited under order of any court from driving or operating an
automobile; or
- for any illicit or prohibited trade or transportation; or
- in any race or speed test.
Requirements Where Loss or Damage to Persons or Property
- The insured shall
- promptly give to the Insurer written notice, with all available particulars, of any
accident involving loss or damage to persons or property; and of any claim made on account
of the accident;
- verify by statutory declaration, if required by the Insurer, that the claim arose out of
the use or operation of the automobile and that the person operating or responsible for
the operation of the automobile at the time of the accident is a person insured under this
contract; and
- forward immediately to the Insurer every letter, document, advice or writ received by
him from or on behalf of the claimant.
- The insured shall not
- voluntarily assume any liability or settle any claim except at his own cost; nor
- interfere in any negotiations for settlement or in any legal proceeding.
- The insured shall, whenever requested by the Insurer, aid in securing information and
evidence and the attendance of any witness, and shall co-operate with the Insurer, except
in a pecuniary way, in the defence of any action or proceeding or in the prosecution of
any appeal.
Requirements Where Loss or Damage to the Automobile
- Where loss of or damage to the automobile occurs, the insured shall, if the loss or
damage is covered by this contract,
- promptly give notice thereof, in writing to the Insurer, with fullest information
obtainable at the time;
- at the expense of the Insurer, and as far as reasonably possible, protect the automobile
from further loss or damage; and
- deliver to the Insurer within ninety days after the date of the loss or damage a
statutory declaration stating, to the best of his knowledge or belief, the place, time,
cause and amount of the loss or damage, the interest of the insured and of all others
therein, theencumbrances thereon, all other insurance, whether valid or not, covering the
automobile, and that the loss or damage did not occur through any wilful act or neglect,
procurement, means or connivance of the insured.
- Any further loss or damage accruing to the automobile, directly or indirectly from a
failure to protect it as required under subcondition (1) of this condition, is not
recoverable under this contract.
- No repairs, other than those that are immediately necessary for the protection of the
automobile from further loss or damage, shall be undertaken and no physical evidence of
the loss or damage shall be removed
- without the written consent of the Insurer; or
- until the Insurer has had a reasonable
time to make the examination for which provision is made in statutory
condition.
Examination of Insured
- The insured shall submit to examination under oath, and shall produce for examination,
at such reasonable place and time as is designated by the Insurer or its representative,
all documents in his possession or control that relate to the matters in question; and he
shall permit extracts and copies thereof to be made.
Insurer Liable for
Cash Value of Automobile
- The Insurer shall not be liable for more than the actual cash value of the automobile at
the time any loss or damage occurs, and the loss or damage shall be ascertained or
estimated according to that actual cash value with proper deduction for depreciation,
however caused, and shall not exceed the amount that it would cost to repair or replace
the automobile, or any part thereof, with material of like kind and quality; but if any
part of the automobile is obsolete and out of stock, the liability of the Insurer in
respect thereof shall be limited to the value of that part at the time of loss or damage
not exceeding the maker's latest list price.
Repair or Replacement
- Except where an appraisal has been made, the Insurer, instead of making payment, may,
within a reasonable time, repair, rebuild or replace the property damaged or lost with
other of like kind and quality, if, within seven days after the receipt of the proof of
loss, it gives written notice of its intention to do so.
- There can be no abandonment of the automobile to the Insurer without its consent. If the
Insurer exercises the option to replace the automobile, or pays the actual cash value of
the automobile, the salvage, if any, shall vest in the Insurer.
- In the event of disagreement as to the nature and extent of the repairs and replacements
required, or as to their adequacy, if effected, or as to the amount payable in respect of
any loss or damage, those questions shall be determined by appraisal as provided under The
Insurance Act before there can be recovery under this contract, whether the right to
recover on the policy is disputed or not, and independently of all other questions. There
shall be no right to an appraisal until a specific demand therefore is made in writing and
until after proof of loss has been delivered.
- The insured shall permit the Insurer at all reasonable times to inspect the automobile
and its equipment.
- The Insurer shall pay the insurance money for which it is liable under this contract
within sixty days after the proof of loss has been received by it or, where an appraisal
is made under subcondition (8) of statutory condition 4, within fifteen days after the
award is rendered by the appraisers.
- The insured shall not bring an action to recover the amount of a claim under this
contract unless the requirements of statutory conditions 3 and 4 are complied with nor
until the amount of the loss has been ascertained as therein provided, or by a judgment
against the insured after trial of the issue, or by agreement between the parties with the
written consent of the Insurer.
- Every action or proceeding against the Insurer under this contract in respect of loss or
damage to the automobile shall be commenced within one year next after the happening of
the loss and not afterwards, and in respect of loss or damage to persons or property shall
be commenced within one year next after the cause of action arose, and not afterwards.
- Notice of claim may be given and proofs of claim may be made by the agent of the insured
named in this contract in case of absence or inability of the insured to give the notice
or make the proof, such absence or inability being satisfactorily accounted for, or in the
like case, or if the insured refuses to do so, by a person to whom any part of the
insurance money is payable.
-
- This contract may be terminated,
- by the Insurer giving to the insured fifteen days' notice of termination by registered
mail, or five days' written notice of termination personally delivered;
- by the insured at any time on request.
- Where this contract is terminated by the Insurer
- the Insurer shall refund the excess of premium actually paid by the insured over the pro
rata premium for the expired time, but, in no event, shall the pro rata premium for the
expired time be deemed to be less than any minimum retained premium specified; and
- the refund shall accompany the notice unless the premium is subject to adjustment or
determination as to amount, in which case the refund shall be made as soon as practicable.
- Where this contract is terminated by the insured the Insurer shall refund as soon as
practicable the excess of premium actually paid by the insured over the short rate premium
for the expired time, but, in no event, shall the short rate premium for the expired time
be deemed to be less than any minimum retained premium specified.
- The refund may be made by money, postal or express company money order, or by cheque
payable at par.
- The fifteen days mentioned in clause (a) of sub-condition (1) of this condition
commences to run on the day following the receipt of the registered letter at the post
office to which it is addressed.
-
- Any written notice to the Insurer may be
delivered at, or sent by registered mail to, the chief agency or head
office
of the insurer in this province. Written notice may be
given to the insured named in this contract by letter personally delivered
to him or by registered mail addressed to him at his latest post office
address notified to the
Insurer. In this condition the expression "registered" means
registered in or outside Canada.
64000-01 (6/98)
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Copyright © 1998 Government of Alberta. Finance.Webmaster@gov.ab.ca