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

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

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(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 <strong>Policy</strong>;(iii) the Additional Agreements under Section A of this<strong>Policy</strong> 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 <strong>Automobile</strong> andUnidentified <strong>Automobile</strong> 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 <strong>Automobile</strong> and Unidentified <strong>Automobile</strong>Coverage2. (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 <strong>Automobile</strong><strong>Insurance</strong> Act;b) where an accident occurs in a jurisdiction other than theProvince of <strong>Newfoundland</strong>, 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 <strong>RBC</strong> General <strong>Insurance</strong> Company® Registered trademark of Royal Bank of Canada. <strong>RBC</strong> <strong>Insurance</strong> is a registered trademark ofRoyal Bank of Canada. Used Under License.

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