Newfoundland Standard Automobile Policy (S.P.F. ... - RBC Insurance

Newfoundland Standard Automobile Policy (S.P.F. No. 1)IndexSection A — Third Party Liability..................................................... 1Bodily Injuries and Damage to Other People’s Property ............ 1Additional Agreements of Insurer................................................. 1Agreements of Insured ................................................................... 2Section B — Accident Benefits ......................................................... 2Subsection 1 — Medical, Rehabilitation andFuneral Expenses.................................................................. 2Subsection 2 — Death Benefits and Loss ofIncome Payments ................................................................. 2Special Provisions, Definitions and Exclusions of Section B ..... 3Section C — Loss of or Damage to Insured Automobile................. 5Subsection 1 — All Perils Coverage............................................. 5Subsection 2 — Collision or Upset Coverage.............................. 5Subsection 3 — Comprehensive Coverage .................................. 5Subsection 4 — Specified Perils Coverage .................................. 5Deductible Clause........................................................................... 5Exclusions....................................................................................... 5Additional Agreements of Insurer................................................. 5Section D — Uninsured Automobile and Unidentified AutomobileCoverage.................................................................................... 6General Provisions, Definitions and Exclusions............................... 8Statutory Conditions ........................................................................... 9INSURING AGREEMENTSNow, Therefore in consideration of the payment of the premiumspecified and of the statements contained in the application andsubject to the limits, terms, conditions, provisions, definitionsand exclusions herein stated and subject always to the conditionthat the insurer shall be liable only under the section(s) orsubsection(s) of the following Insuring Agreements A, B. C and Dfor which a premium is specified in Item 4 of the application andno other.Section A — Third Party LiabilityBodily Injuries and Damage to Other People’s PropertyThe insurer agrees to indemnify the insured and, in the samemanner and to the same extent as if named herein as the insured,every other person who with his or her consent personally drivesthe automobile, or personally operates any part thereof, against theliability imposed by law upon the insured or upon any such otherperson for loss or damage arising from the ownership, use oroperation of the automobile and resulting fromBodily Injury to or Death of any Person or Damage toPropertyThe Insurer shall not be liable under this Section,a) for any liability imposed by any worker’s compensation lawupon any person insured by this Section; orb) — deletedc) for loss or damage resulting from bodily injury to or the deathof any employee of any person insured by this Section whileengaged in the operation or repair of the automobile; ord) for loss of or damage to property carried in or upon theautomobile or to any property owned or rented by, or in thecare, custody or control of any person insured by thisSection; ore) — deletedf) — deletedg) for any amount in excess of the limit(s) stated in Section A ofItem 4 of the application, and expenditures provided for in theAdditional Agreements of this Section; subject always to theprovisions of the section of the Automobile Insurance Actrelating to the nuclear energy hazard; orh) for any liability arising from contamination of property carriedin the automobile.See also General Provisions, Definitions, Exclusions andStatutory Conditions of this PolicyAdditional Agreements of InsurerWhere indemnity is provided by this Section the Insurer shall,(1) upon receipt of notice of loss or damage caused to persons orproperty, serve any person insured by this Policy by suchinvestigation thereof, or by such negotiations with the claimant,or by such settlement of any resulting claims as may be deemedexpedient by the insurer; and(2) defend in the name and on behalf of any person insured by thisPolicy and at the cost of the insurer any civil action which mayat any time be brought against such person on account of suchloss or damage to persons o property; andUnderwritten 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.

subsection 2, he or she or his or her personal representative orany person claiming through or under him or her by virtue ofthe Fatal Accidents Act or the Survivorship Act may recoveronly an amount equal to one benefit, if the benefits under thecontracts are of the same limit, or the highest benefit, if thebenefits under the contracts are not of the same limit.Insofar as applicable the general provisions, definitions,exclusions and statutory conditions of the Policy also apply.Section C — Loss of or Damage to InsuredAutomobileThe insurer agrees to indemnify the insured against direct andaccidental loss of or damage to the automobile, including itsequipment.Subsection 1 — All Perils — from all perils;Subsection 2 — Collision or Upset — caused by collision withanother object or by upset;Subsection 3 — Comprehensive — from any peril other than bycollision with another object or by upset;The words "another object" as used in this subsection 3 shall bedeemed to include (a) a vehicle to which the automobile is attachedand (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 ordamage caused by perils for which insurance is provided under thissubsection 3.Subsection 4 — Specified Perils — caused by fire, lightning, theftor attempt thereat, windstorm, earthquake, hail, explosion, riot orcivil commotion, falling or forced landing of aircraft or of partsthereof, rising water, or the stranding, sinking, burning,derailment or collision of any conveyance in or upon which theautomobile is being transported on land or water;Deductible ClauseEach occurrence causing loss or damage covered under anysubsection of Section C except loss or damage caused by fire orlightning or theft of the entire automobile covered by suchsubsection, shall give rise to a separate claim in respect of whichthe insurer's liability shall be limited to the amount of loss ordamage in excess of the amount deductible, if any, stated in theapplicable subsection of Section C of Item 4 of the application.ExclusionsThe Insurer shall not be liable,(1) under any subsection of Section C for loss or damagea) 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; orc) 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; ord) caused directly or indirectly by contamination byradioactive material; ore) to contents of trailers or to rugs or robes; orf) to tapes and equipment for use with a tape player orrecorder when such tapes or equipment are detachedtherefrom; org) where the insured drives or operates the automobile,(i) while under the influence of intoxicating liquor ordrugs to such an extent as to be for the time beingincapable of the proper control of the automobile; or(ii) while in a condition for which he or she is convicted ofan offence under Section 253 (operation of a motorvehicle while impaired or with more than 80 mgalcohol in blood) of the Criminal Code (Canada) orunder or in connection with the circumstances forwhich he or she is convicted of an offence underSection 254 (failure or refusal to comply with demandfor breath or blood sample) of the Criminal Code(Canada) or under or in connection with thecircumstances for which he or she is convicted of anoffence under Section 255 (impaired driving causingbodily harm or death) of the Criminal Code(Canada); orh) where the insured permits, suffers, allows or connives atthe use of the automobile by any person contrary to theprovision of (g); or(2) under subsections 3 (Comprehensive), 4 (Specified Perils)only, for loss or damage caused by theft by any person orpersons 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 theftoccurs during the hours of such service or employment or not.See also General Provisions, Definitions, Exclusions andStatutory Conditions of this Policy.Additional 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 (g) 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;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.

(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 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 72 hours after such theft has been reportedto the insurer or the police and terminating, regardless of theexpiration of the policy period, (a) upon the date of thecompletion of repairs to or the replacement of the property lostor damaged, or (b) upon such earlier date as the insurer makesor tenders settlement for the loss or damage caused bysuch theft.Section D — Uninsured Automobile andUnidentified Automobile Coverage1. In this Section(1) "insured automobile" means the automobile defined ordescribed in the contract.(2) "person insured under the contract" means,a) in respect of a claim for damage to the insuredautomobile, the owner of the automobile;b) in respect of a claim for damage to the contents of theinsured automobile, the owner of the contents; andc) in respect of a claim for bodily injuries or death,(i) a person while driving, being carried in or upon orentering or getting on to or alighting from theinsured automobile,(ii) the insured named in the contract and, if residing inthe same dwelling premises as the insured named inthe contract, his or her spouse and any dependentrelative, while driving, being carried in or upon orentering or getting on to or alighting from anuninsured automobile, or, who is struck by anuninsured or unidentified automobile, and(iii) 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 a dependent relative,while driving, being carried in or upon or enteringor getting on to or alighting from an uninsuredautomobile, or, who is struck by an uninsured orunidentified automobile, if that director, officer,employee or partner or his or her spouse is not theowner of an automobile insured under a contract.(3) "unidentified automobile" means an automobile withrespect to which the identity of either the owner or drivercannot be ascertained.(4) "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.Uninsured Automobile and Unidentified AutomobileCoverage2. (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 death ofa 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) A dependent relative referred to in the definition "personinsured under the contract" in subsection 1 of this Sectiona) 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 considered not to be a dependent relative for thepurposes of this Section.Limits and Exclusions3. (1) The insurer is not liable under sub-subsection 2.(1) of thisSectiona) 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 21(1) of the AutomobileInsurance Act;b) where an accident occurs in a jurisdiction other than theProvince of Newfoundland, to pay in respect of theaccident a total amount 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 validUnderwritten 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.

driven by the insured, or by his or her spouse if residing inthe same dwelling premises as the insured, provided that(i) the described automobile is of the private passenger orstation wagon type;(ii) the insured is an individual or are husband and wife;(iii) neither the insured nor his or her spouse is driving suchautomobile in connection with the business of selling,repairing, maintaining, servicing, storing or parkingautomobiles;(iv) such other automobile is not owned or regularly orfrequently used by the insured or by any person orpersons residing in the same dwelling premises as theinsured;(v) such other automobile is not owned, hired or leased byan employer of the insured or by an employer of anyperson or persons residing in the same dwellingpremise as the insured;(vi) such other automobile is not used for carryingpassengers for compensation or hire or for commercialdelivery;e) If the insured is a corporation, unincorporated associationor registered co-partnership, any automobile of the privatepassenger or station wagon type, other than the describedautomobile, while personally driven by the employee orpartner for whose regular use the described automobile isfurnished, or by his or her spouse if residing in the samedwelling premises as such employee or partner,provided that(i) neither such employee or partner or his or her spouse isthe owner of an automobile of the private passenger orstation wagon type;(ii) the described automobile is of the private passenger orstation wagon type;(iii) neither such employee, partner or spouse is driving theautomobile in connection with the business of selling,repairing, maintaining, servicing, storing or parkingautomobiles;(iv) such other automobile is not owned, hired or leased orregularly or frequently used by the insured or suchemployee or by any partner of the insured or by anypersons residing in the same dwelling premise as any ofthe aforementioned persons;(v) such other automobile is not used for carryingpassengers for compensation or hire or commercialdelivery.f) Trailers — any trailer used in connection with theautomobile.6. Two or More Automobilesa) When two or more automobiles are described hereunder(i) with respect to the use or operation of such describedautomobiles, each automobile shall be deemed to beinsured under a separate Policy; (ii) with respect to the useor operation of an automobile not owned by the insured, thelimit of the insurer's liability shall not exceed the highestlimit applicable to any one described automobile.b) When the insured owns two or more automobiles which areinsured as described automobiles under two or moreautomobile insurance policies, the limit of the insurer underthis Policy with respect to the use or operation of anautomobile not owned by the insured shall not exceed theproportion that the highest limit applicable to any oneautomobile described in this Policy bears to the sum of thehighest limits applicable under each Policy and in no eventshall exceed such proportion of the highest limit applicableto any one automobile under any Policy.c) A motor vehicle and one or more trailers or semi-trailersattached thereto shall be held to be one automobile withrespect to the limit(s) of liability under InsuringAgreements A and B and separate automobiles with respectto the limit(s) of liability, including any deductibleprovisions, under Insuring Agreement C.7. War Risks ExcludedThe insurer shall not be liable under Sections B or C of thisPolicy for any loss, damage, injury or death caused directly orindirectly by bombardment, invasion, civil war, insurrection,rebellion, revolution, military or usurped power, or byoperation of armed forces while engaged in hostilities, whetherwar be declared or not.8. Excluded UsesUnless coverage is expressly given by an endorsement of thisPolicy, the insurer shall not be liable under this Policy while:a) the automobile is rented or leased to another; provided thatthe use by an employee of his or her automobile on thebusiness of his or her employer and for which he or she ispaid shall not be deemed the renting or leasing of theautomobile to another;b) the automobile is used to carry explosives, or to carryradioactive material for research, education, developmentor industrial purposes, or for purposes incidental thereto;c) the automobile is used as a taxicab, public omnibus, livery,jitney or sightseeing conveyance or for carrying passengersfor compensation or hire; provided that the following usesshall not be deemed to be the carrying of passengers forcompensation or hire;(i) the use by the insured of his or her automobile for thecarriage of another person in return for the former'scarriage in the automobile of the latter;(ii) the occasional and infrequent use by the insured of hisor her automobile for the carriage of another personwho shares the cost of the trip;(iii) the use by the insured of his or her automobile for thecarriage of a temporary or permanent domestic servantof the insured or his or her spouse;(iv) the use by the insured of his or her automobile for thecarriage of clients or customers or prospective clientsor customers;(v) the occasional and infrequent use by the insured of hisor her automobile for the transportation of children toor from school or school activities conducted within theeducational program.Statutory ConditionsIn these statutory conditions, unless the context otherwise requires,the word "insured" means a person insured by this contract whethernamed or not. Statutory conditions 1, 8 and 9 shall apply as policyconditions with respect to Section B.Material Change in Risks1. (1) The insured named in this contract shall promptly notifythe insurer or its local agent in writing of a change in theUnderwritten 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.

isk material to the contract and within his or herknowledge.(2) The words "change in the risk material to the contract"include:a) a change in the insurable interest of the insured namedin this contract in the automobile by sale, assignment orotherwise, except through change of title by succession,death or proceedings under the Bankruptcy andInsolvency Act (Canada);and in respect of insurance against loss of or damage to theautomobile,b) a mortgage, lien or encumbrance affecting theautomobile after the application for this contract;c) other insurance of the same interest, whether valid ornot, covering loss or damage insured by this contract ora portion of it.Prohibited Use by Insured2. (1) The insured shall not drive or operate the automobilea) unless he or she is either authorized by law or qualifiedto drive or operate the automobile; orb) while his or her licence to drive or operate anautomobile is suspended or while his or her right toobtain a licence is suspended or while prohibited underorder of a court from driving or operating anautomobile; orc) while he or she is under the age of 16 years or under theage that is prescribed by the law of the province inwhich he or she lives at the time the contract is made asbeing the minimum age at which a licence or permit todrive an automobile may be issued; ord) for an illicit or prohibited trade or transportation; ore) in a race or speed test.Prohibited Use by Others(2) The insured shall not permit, suffer, allow or connive at theuse of the automobile,a) by a person,(i) unless that person is for the time being eitherauthorized by law or qualified to drive or operatethe automobile, or(ii) while that person is under the age of 16 years orunder the age that is prescribed by the law of theprovince in which he or she lives at the time thiscontract is made as being the minimum age atwhich a licence or permit to drive an automobilemay be issued; orb) by a person who is a member of the household of theinsured while his or her licence to drive or operate anautomobile is suspended or while his or her right toobtain a licence is suspended or while prohibited underorder of a court from driving or operating anautomobile; orc) for an illicit or prohibited trade or transportation; ord) in a race or speed test.Requirements on Damage to Persons or Property3. (1) The insured shall,a) promptly give to the insurer written notice, with allavailable particulars, of an accident involving loss ordamage to persons or property and of a claim made onaccount of the accident;b) verify by statutory declaration, where required by theinsurer, that the claim arose out of the use or operationof the automobile and that the person operating orresponsible for the operation of the automobile at thetime of the accident is a person insured under thiscontract; andc) forward immediately to the insurer letters, documents,advice or writs received by him or her from or onbehalf of the claimant.(2) The insured shall not,a) voluntarily assume liability or settle a claim except athis or her own cost; orb) interfere in a negotiation for settlement or in a legalproceeding.(3) The insured shall, where requested by the insurer, help insecuring information and evidence and the attendance of awitness and shall cooperate with the insurer, except in amonetary way, in the defence of an action or proceeding orin the prosecution of an appeal.Requirements Where Loss or Damage to Automobile4. (1) Where loss of or damage to the automobile occurs, theinsured shall, if the loss or damage is covered by thiscontract,a) promptly give written notice of it to the insurer with thefullest information obtainable at the time;b) at the expense of the insurer, and as far as reasonablypossible, protect the automobile from further loss ordamage; andc) deliver to the insurer within 90 days after the date ofthe loss or damage a statutory declaration stating, to thebest of his or her knowledge and belief, the place, time,cause and amount of the loss or damage, the interest ofthe insured and of all others in it, the encumbrances onit, all other insurance, whether valid or not, coveringthe automobile and that the loss or damage did notoccur through a wilful act or neglect, procurement,means or connivance of the insured.(2) A further loss or damage accruing to the automobiledirectly or indirectly from a failure to protect it as requiredunder subcondition (1) is not recoverable under thiscontract.(3) Repairs, other than those that are immediately necessary forthe protection of the automobile from further loss ordamage, shall not be undertaken and no physical evidenceof the loss or damage shall be removed,a) without the written consent of the insurer; orb) until the insurer has had a reasonable time to make theexamination for which provision is made in statutorycondition 5.Examination of Insured(4) The insured shall submit to examination under oath oraffirmation, and shall produce for examination at areasonable place and time designated by the insurer or itsrepresentative all documents in his or her possession orcontrol that relate to the matter in question, and he or sheshall permit extracts and copies to be made.Insurer Liable for Cash Value of Automobile(5) The insurer shall not be liable for more than the actual cashvalue of the automobile at the time loss or damage occurs,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.

and the loss or damage shall be ascertained or estimatedaccording to that actual cash value with proper deductionfor depreciation, however caused, and shall not exceed theamount that it would cost to repair or replace theautomobile, or a part of it, with material of the same kindand quality, but, if a part of the automobile is obsolete andout of stock, the liability of the insurer in respect of it shallbe limited to the value of that part at the time of loss ordamage, not exceeding the maker's latest list price.Repair or Replacement(6) 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 withother of the same kind and quality if, within 7 days after thereceipt of the proof of loss, it gives written notice of itsintention to do so.No Abandonment; Salvage(7) There shall be no abandonment of the automobile to theinsurer without the insurer's consent. Where the insurerexercises the option to replace the automobile or pays theactual cash value of the automobile, the salvage shall vestin the insurer.In Case of Disagreement(8) In the event of disagreement as to the nature and extent ofthe repairs and replacements required, or as to theiradequacy, if effected, or as to the amount payable inrespect of a loss or damage, those questions shall bedetermined by appraisal as provided under the InsuranceContracts Act before there can be recovery under thiscontract, whether the right to recover on the contract isdisputed or not, and independently of all other questions.There shall be no right to an appraisal until a specificdemand is made in writing and until after proof of loss hasbeen delivered.Inspection of Automobile5. The insured shall permit the insurer at reasonable times toinspect the automobile and its equipment.Time and Manner of Payment of Insurance Money6. (1) The insurer shall pay the insurance money for which it isliable under this contract within 60 days after the proof ofloss has been received by it or, where an appraisal is madeunder subcondition 4(8), within 15 days after the award ismade by the appraisers.When Action May Be Brought(2) The insured shall not bring an action to recover the amountof a claim under this contract unless the requirements ofstatutory conditions 3 and 4 are complied with or until theamount of the loss has been ascertained as provided or by ajudgment against the insured after trial of the issue or byagreement between the parties with the written consent ofthe insurer.Limitations of Actions(3) An action or proceeding under this contract against theinsurer in respect of a claim for indemnification for liabilityto the insured for loss or damage to property of anotherperson or for personal injury to or death of another personshall be started within 2 years after the liability of theinsured is established by a court and not afterwards. Allother actions or proceedings against the insurer, under thiscontract, in respect of loss or damage to the automobileshall be started within 2 years from the time the loss ordamage was sustained and not afterwards.Who May Give Notice and Proofs of Claim7. Notice of claim may be given and proofs of claim may be madeby the agent of the insured named in this contract in case ofabsence or inability of the insured to give the notice or makethe proof, that absence or inability being satisfactorilyaccounted for or, in the like case or if the insured refuses to doso, by a person to whom a part of the insurance money ispayable.Termination8. (1) This contract may be terminated,a) by the insurer giving to the insured 15 days' notice oftermination by registered mail or 5 days' written noticeof termination personally delivered;b) by the insured on request.(2) Where this contract is terminated by the insurer,a) the insurer shall refund the excess of premium actuallypaid by the insured over the proportional premium ofthe expired time, but in no event shall the premium forthe expired time be considered to be less than aminimum retained premium specified; andb) the refund shall accompany the notice unless thepremium is subject to adjustment or determination as tothe amount, in which case the refund shall be made assoon as practicable.(3) Where this contract is terminated by the insured, the insurershall refund as soon as practicable the excess of premiumactually paid by the insured over the short rate premium forthe expired time, but in no event shall the short ratepremium for the expired time be considered to be less thana minimum retained premium specified.(4) The refund may be made by money, postal or expresscompany money order or cheque payable at par.(5) The 15 days mentioned in paragraph (1)(a) starts to run onthe day following the receipt of the registered letter at thepost office to which it is addressed.Notice9. (1) A written notice to the insurer may be delivered at, or sentby registered mail to, the chief agency or head office of theinsurer in the province.(2) Written notice may be given to the insured named in thiscontract by letter personally delivered to him or her or byregistered mail addressed to him or her at the latest postoffice address as notified to the insurer.(3) in this condition, the expression "registered" meansregistered in or outside Canada.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.