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

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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.
(3) Before making payment under subsection (2), the insurermay require the claimant to assign the claimant's judgmentto the insurer and the insurer shall account to the claimantfor any recovery it makes under the judgment of a sum inexcess of the total of the sum paid to the claimant, afterdeducting the insurer's costs.8. Physical or Mental Examinations and Autopsies(1) The insurer has the right and the claimant shall afford theinsurer an opportunitya) to conduct a physical or mental examination of anyperson insured under the contract to whom theclaimant's claim relates at the time and as often as theinsurer reasonably requires and while the claim ispending, andb) where a claim relates to the death of a person insuredunder the contract, to initiate an autopsy at the insurer'sexpense subject to the law relating to autopsies.(2) The insurer shall provide the claimant, at the claimant'srequest, with a copy of any medical, psychological orautopsy report relating to an examination or autopsy undersubsection (1).9. Limitations(1) No person shall commence an action to recover the amountof a claim provided for under the contract and undersubsection 255(2) of the Insurance Act unless therequirements of this Section have been complied with.(2) Every action or other legal proceeding against an insurerfor the recovery of an amount of damages shall becommenced within two years after the date on which thecause of action against the insurer arose and not afterward.10. Limitation of Benefit PayableA claimant who is entitled to claim under more than onecontract providing insurance of the type provided for undersubsection 255(2) of the Insurance Act may not recover anamount exceeding the amount which the claimant would beentitled to receive if the claimant were entitled to recover underonly one of the contracts.11. Application of General ProvisionsIn so far as applicable, the general provisions, definitions andexclusions and the statutory conditions of this policy applywith the necessary modifications to this Section.General Provisions, Definitions and Exclusions1. TerritoryThis policy applies only while the automobile is beingoperated, used, stored or parked within Canada, the UnitedStates of America or upon a vessel plying between ports ofthose countries.2. Occupant DefinedIn this policy the word "occupant" means a person driving,being carried in or upon or entering or getting on to or alightingfrom an automobile.3. Consent of InsuredNo person shall be entitled to indemnity or payment under thispolicy who is an occupant of any automobile which is beingused without the consent of the owner thereof.4. Garage Personnel ExcludedNo person who is engaged in the business of selling, repairing,maintaining, storing, servicing or parking automobiles shall beentitled to indemnity or payment under this policy for any loss,damage, injury or death sustained while engaged in the use oroperation of or while working upon the automobile in thecourse of that business or while so engaged is an occupant ofthe described automobile or a newly acquired automobile asdefined in this policy, unless the person is the owner of suchautomobile or his employee or partner.5. Automobile DefinedIn this policy except where stated to the contrary the words "theautomobile" mean:Under sections A (Third Party Liability), A.1 (DirectCompensation – Property Damage), B (Accident Benefits),C (Loss of or Damage to Insured Automobile),D (Uninsured Automobile)a) The Described Automobile — an automobile, trailer orsemi-trailer specifically described in the policy or withinthe description of insured automobiles set forth therein;b) A Newly Acquired Automobile — an automobile,ownership of which is acquired by the insured and, withinfourteen days following the date of its delivery to him,notified to the insurer in respect of which the insured hasno other valid insurance, if either it replaces an automobiledescribed in the application or the insurer insures (inrespect of the section or subsection of the InsuringAgreements under which claim is made) all automobilesowned by the insured at such delivery date and in respect ofwhich the insured pays any additional premium required;provided however, that insurance hereunder shall not applyif the insured is engaged in the business of sellingautomobiles;and under sections A (Third Party Liability), A.1 (DirectCompensation – Property Damage), B (Accident Benefits),D (Uninsured Automobile) onlyc) A Temporary Substitute Automobile — an automobile notowned by the insured, nor by any person or personsresiding in the same dwelling premises as the insured,while temporarily used as the substitute for the describedautomobile which is not in use by any person insured bythis policy, because of its breakdown, repair, servicing,loss, destruction or sale;d) Any Automobile of the private passenger or station wagontype, other than the described automobile, while personallydriven by the insured, or by his or her spouse or commonlaw partner if residing in the same dwelling premises as theinsured, provided that(i) the described automobile is of the private passenger orstation wagon type;(ii) the insured is an individual or is a spouse or commonlaw partner of the insured;(iii) neither the insured nor his or her spouse or commonlaw partner is driving such automobile in connectionwith the business of selling, repairing, maintaining,servicing, storing or parking automobiles;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.
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Page 11 and 12: 7. War Risks ExcludedThe insurer sh
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Policy (N.B.P.F. No. 1) - RBC Insurance

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