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

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

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