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

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.