Policy (N.B.P.F. No. 1) - RBC Insurance

More documents

Recommendations

Info

was determined to be at fault under the Direct Compensation –Property Damage Fault Determination Rules.EXCLUSIONSThe insurer shall not be liable,(1) under any subsection of section C for loss or damage(a) to tires or consisting of or caused by mechanical fracture orbreakdown of any part of the automobile or by rusting,corrosion, wear and tear, freezing, or explosion within thecombustion chamber, unless the loss or damage iscoincident with other loss or damage covered by suchsubsection or is caused by fire, theft or malicious mischiefcovered by such subsection; orb) caused by the conversion, embezzlement, theft or secretionby any person in lawful possession of the automobile undera mortgage, conditional sale, lease or other similar writtenagreement; or(c) 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(d) caused directly or indirectly by contamination byradioactive material; or(e) to contents of trailers, other than their equipment; or to rugsor robes; or(f) for more than $50 for recorded material and equipment foruse with a playing or recording unit. The insurer shall notbe liable for recorded material or equipment not containedwithin or attached to the playing or recording unit.Recorded material includes, but is not limited to, tapes,compact discs, video cassettes and digital video discs; or(g) for more than $1500 for loss or damage to electronicaccessories or equipment other than factory installedequipment. The insurer shall pay the actual cash value ofthe equipment up to $1500 in total. “Electronic accessoriesand equipment” includes, but is not limited to radios, tapeplayers/decks, stereo players/decks, compact disc players,speakers, telephones, two-way radios including CB radios,ham radios and VHF radios, televisions, facsimilemachines, electronic navigation assistance, positioning andlocation finding devices, computers, and items of a similarnature. “Factory installed equipment” means electronicaccessories and equipment which was included in theoriginal new purchase price of the automobile.(h) where the insured drives or operates the automobile(i) while under the influence of intoxicating liquor or drugsto such an extent as to be for the time being incapable of theproper control of the automobile; or(ii) while in a condition for which he or she is convicted ofan offence under Section 253 of the Criminal Code(Canada) or under or in connection with the circumstancesfor which he or she is convicted of an offence under Section254 of the Criminal Code (Canada); or(i) where the insured permits, suffers, allows or connives at theuse of the automobile by any person contrary to theprovisions of (h); or(2) under subsections 3 (Comprehensive), 4 (Specified Perils)only, for loss or damage caused by theft by any personor persons residing in the same dwelling premises asthe insured, or by any employee of the insured engagedin the operation, maintenance or repair of theautomobile whether the theft occurs during the hours ofsuch service or employment or not.See also General Provisions, Definitions, Exclusions andStatutory Conditions of this PolicyADDITIONAL AGREEMENTS OF INSURER(1) Where loss or damage arises from a peril for which a premiumis specified under a subsection of this section, the insurerfurther agrees:a) to pay general average, salvage and fire department chargesand customs duties of Canada or of the United States ofAmerica for which the insured is legally liable;b) to waive subrogation against every person who, with theinsured's consent, has care, custody or control of theautomobile, provided always that this waiver shall notapply to any person (1) having such care, custody orcontrol 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 thispolicy or (ii) driven or operated the automobile in thecircumstances referred to in (i) or (ii) of paragraph (h) ofthe Exclusions to section C of this policy;c) to indemnify the insured and any other person whopersonally drives a temporary substitute automobile asdefined in the General Provisions of this policy against theliability imposed by law or assumed by the insured or suchother person under any contract or agreement for direct andaccidental physical loss or damage to such automobile andarising from the care, custody and control thereof; providedalways that:(i) such indemnity is subject to the deductible clause andexclusions of each such subsection;(ii) if the owner of such automobile has or places insuranceagainst any peril insured by this section, the indemnityprovided herein shall be limited to the sum by whichthe deductible amount, if any, of such other insuranceexceeds the deductible amount stated in the applicablesubsection of this policy;(iii) the Additional Agreements under section A of thispolicy shall, insofar as they are applicable, extend tothe indemnity provided herein.(2) Loss of Use by Theft — Where indemnity is provided undersubsections 1, 3 or 4 of section C hereof, the insurer furtheragrees, following a theft of the entire automobile coveredthereby, to reimburse the insured for expense not exceeding$30.00 for any one (1) day nor totalling more than $900.00incurred for the rental of a substitute automobile, includingtaxicabs and public means of transportation.Reimbursement is limited to such expense incurred during theperiod commencing seventy-two (72) hours after such theft hasbeen reported to the insurer or the police and terminating,regardless of the expiration of the policy period, (a) upon the dateof the completion of repairs to or the replacement of the propertylost or damaged, or (b) upon such earlier date as the insurer makesor tenders settlement for the loss or damage caused by such theft.Section D — Uninsured Automobile Coverage1. DefinitionsFor the purposes of this section,a) "insured automobile" means the automobile as defined ordescribed under the contract;Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. RBC Insurance is a registered trademark ofRoyal Bank of Canada. Used under license.
) "person insured under the contract" means,(i) in respect of a claim for damage to the insuredautomobile, the owner of the automobile,(ii) in respect of a claim for damage to the contents of theinsured automobile, the owner of the contents, and(iii) in respect of a claim for bodily injuries or death,a. any person while driving, being carried in or uponor entering or getting on to or alighting from theinsured automobile,b. the insured named in the contract and, if residing inthe same dwelling premises as the insurednamed in the contract, his or her spouse or commonlaw partner and any dependent relative,(1) while driving, being carried in or upon orentering or getting on to or alighting from anuninsured automobile, or(2) who is struck by an uninsured or unidentifiedautomobile, but does not include a personstruck while driving, being carried in or uponor entering or getting on to or alighting fromrailway rolling-stock that runs on rails, andc. if the insured named in the contract is acorporation, unincorporated association orpartnership, any director, officer, employee orpartner of the insured named in the contract, forwhose regular use the insured automobile isfurnished and, if residing in the same dwellingplace, his or her spouse or common law partner andany dependent relative,(1) while driving, being carried in or upon orentering or getting on to or alighting from anuninsured automobile, or(2) who is struck by an uninsured or unidentifiedautomobile, but does not include a personstruck while driving, being carried in or uponor entering or getting on to or alighting fromrailway rolling-stock that runs on rails,if such director, officer, employee or partner or hisor her spouse is not the owner of an automobileinsured under a contract;c) "unidentified automobile" means an automobile withrespect to which the identity of either the owner or drivercannot be ascertained;d) "uninsured automobile" means an automobile with respectto which neither the owner nor driver of it has applicableand collectible bodily injury liability and property damageliability insurance for its ownership, use or operation, butdoes not include an automobile owned by or registered inthe name of the insured or his or her spouse or commonlaw partner.2. Uninsured Automobile and Unidentified AutomobileCoverage(1) The insurer agrees to pay all sums thata) a person insured under the contract is legally entitled torecover from the owner or driver of an uninsuredautomobile or unidentified automobile as damages forbodily injuries resulting from an accident involving anautomobile.b) a person is legally entitled to recover from the owner ordriver of an uninsured automobile or unidentifiedautomobile as damages for bodily injury to or the deathof a person insured under the contract resulting from anaccident involving an automobile, andc) a person insured under the contract is legally entitled torecover from the identified owner or driver of anuninsured automobile as damages for accidentaldamage to the insured automobile or its contents or toboth the insured automobile and its contents, resultingfrom an accident involving an automobile.(2) Qualification of Dependent RelativeA dependent relative referred to in paragraph (b) of thedefinition "person insured under the contract" in clause 1 ofthis Section,a) who is the owner of an automobile insured under acontract, orb) who sustains bodily injuries or dies as the result of anaccident while driving, being carried in or upon orentering or getting on to or alighting from his or herown uninsured automobile,shall be deemed not to be a dependent relative for thepurposes of this Section.3. Limits and Exclusions(1) The insurer is not liable under paragraph (1) of clause 2 ofthis Sectiona) in any event to pay in respect of any one accident atotal amount in excess of the minimum limit for acontract evidenced by a motor vehicle liability policyestablished under subsection 243(1) of theInsurance Act.b) where an accident occurs in a jurisdiction other thanNew Brunswick, to pay in respect of the accident a totalamount in excess of(i) the minimum limit for motor vehicle liabilityinsurance coverage in the other jurisdiction, or(ii) the minimum limit referred to in paragraph (a),whichever is less, regardless of the number of personssustaining bodily injury or dying or the amount ofdamages for accidental damage to the insuredautomobile or its contents or both the insuredautomobile and its contents,c) to make any payment to a claimant who claimsdamages resulting from an accident that occurred in ajurisdiction in which the claimant may make a validclaim for payment of such damages from an unsatisfiedjudgment fund or similar fund,d) to make any payment to a claimant who is legallyentitled to recover a sum of money under the third partyliability section of any motor vehicle liability policy,e) to make any payment to a claimant who wouldotherwise be legally entitled to recover a sum of moneyunder any contract of insurance as a result of theaccident, other than money payable on death, thatexceeds the sum that the person is legally entitled torecover under paragraph (1) of clause 2 of this section,f) subject to paragraphs (a), (b) and (e), to pay a claimantwith respect to any one accident a sum in excess of thedifference between the sum that the claimant is legallyentitled to recover as damages from the owner or driverof the automobile and the sum that the claimant isUnderwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. RBC Insurance is a registered trademark ofRoyal Bank of Canada. Used under license.
Page 3 and 4: Spouse or common law partner of the
Page 5: her option to recover damages as pr
Page 9 and 10: (3) Before making payment under sub
Page 11 and 12: 7. War Risks ExcludedThe insurer sh
Page 13: (2) Where this contract is terminat

Policy (N.B.P.F. No. 1) - RBC Insurance

Create successful ePaper yourself

Delete template?

Save as template?