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

otherwise legally entitled to recover under any validcontract of insurance, other than money payable ondeath, as a result of the accident,g) to pay a claimant the first two hundred and fifty dollarsin respect of any damages for accidental damage to theinsured automobile or its contents or to both the insuredautomobile and its contents, resulting from any oneaccident, andh) to make any payment respecting bodily injury, death ordamage caused directly or indirectly by radioactivematerial.(2) Where, by reason of any one accident, liability results frombodily injury or death and from damage to the insuredautomobile or its contents or to both the insured automobileand its contentsa) claims arising out of bodily injury or death havepriority to the extent of ninety per cent of the totalamount legally payable under the contract over claimsarising out of damage to the insured automobile or itscontents or to both the insured automobile and itscontents, andb) claims arising out of damage to the insured automobileor its contents or to both the insured automobile and itscontents have priority to the extent of ten per cent ofthe total amount legally payable under the contract overclaims arising out of bodily injury or death.4. Accidents Involving Unidentified AutomobilesWhere bodily injuries to or the death of a person insured underthe contract results from an accident involving an unidentifiedautomobile, the claimant or a person acting on behalf of theclaimant shalla) report the accident within a period of twenty-four hoursafter the accident or as soon after that period as practicableto a peace officer, a judicial officer or an administrator ofmotor vehicle laws,b) deliver to the insurer within a period of thirty days after theaccident or as soon after that period as practicable a writtennotice, stating that the claimant has a cause of actionarising out of the accident for damages against a personwhose identity cannot be ascertained and setting out thefacts in support of the cause of action, andc) at the request of the insurer, make available for inspectionby the insurer, where practicable, any automobile involvedin the accident in which the person insured under thecontract was an occupant at the time of the accident.5. Determination of Legal Liability and Amount of Damages(1) Issues as to whether or not a claimant is legally entitled torecover damages and as to the amount of such damagesshall be determineda) by written agreement between the claimant and theinsurer,b) at the request of the claimant and with the consent ofthe insurer, by arbitration by(i) one person, if the parties are able to agree on suchperson, or(ii) where the parties are unable to agree on one person,three persons, one of whom is chosen by theclaimant, one of whom is chosen by the insurer andone of whom is selected by the two persons sochosen, orc) subject to subsection (3), by The Court of Queen'sBench of New Brunswick in an action brought againstthe insurer by the claimant.(2) The Arbitration Act applies to an arbitration underparagraph (1)(b)(3) An insurer may, in its defence of an action referred to inparagraph (1)(c), contest the issue ofa) the legal entitlement of the claimant to recoverdamages, orb) the amount of damages payable,only if such issue has not already been determined in acontested action in The Court of Queen's Bench ofNew Brunswick.6. Notice and Proof of Claim(1) A claimant claiming damages for bodily injury to or thedeath of a person resulting from an accident involving anuninsured automobile or unidentified automobile or aperson acting on behalf of the claimant shalla) within a period of thirty days after the date of theaccident or as soon after that period as practicable, givewritten notice of the claim to the insurer by deliveringit personally or by sending it by registered mail to thechief agent or head office of the insurer inNew Brunswick,b) within a period of ninety days after the date of theaccident or as soon after that period as practicable,deliver to the insurer as fully detailed a proof of claimas is reasonably possible in the circumstancesrespecting the events surrounding the accident and thedamages resulting from it,c) provide the insurer, at the insurer's request, with thecertificate of a medical practitioner legally qualified topractise medicine, describing the cause and nature ofthe bodily injury or death to which the claim relates andthe duration of any disability resulting from theaccident, andd) provide the insurer with details of any policies ofinsurance, other than life insurance, to which theclaimant may have recourse.(2) Statutory condition 4 of subsection 230(2) of theInsurance Act applies with the necessary modificationswhere a claimant claims damages for accidental damage toan insured automobile or its contents or to both an insuredautomobile and its contents.7. Notice of Legal Proceeding(1) A claimant who is a person insured under the contract or isa person claiming damages for bodily injury to or the deathof a person insured under the contract and who commencesan action or other legal proceeding seeking damagesagainst another person owning or operating an automobileinvolved in the accident shall immediately deliver a copy ofthe notice of action or other originating process to the chiefagent or head office of the insurer in New Brunswick bydelivering it personally or by sending it by registered mail.(2) Subject to subsection (3), if a claimant referred to insubsection (1) obtains a judgment against the other personreferred to in subsection (1) and is unable to recover all or aportion of the sum awarded to the claimant in the judgment,the insurer shall, at the claimant's request, pay to theclaimant the sum or portion of the sum remaining due.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.