Yukon Standard Automobile Policy (S.P.F. No. 1) - RBC Insurance

Yukon Standard Automobile Policy (S.P.F. No. 1)IndexBodily Injuries and Damage to Other People's Property.................. 1Section A — Third Party Liability................................................ 1Agreements of the Insured.................................................................. 2Accident Benefits — Section B ......................................................... 2Medical and Funeral Benefits — Subsection 1 ............................ 2Death and Total Disability — Subsection 2 ................................. 2Uninsured Motorist Cover — Subsection 3.................................. 3Special Provisions, Definitions, and Exclusions of AccidentBenefits Section ........................................................................ 4Loss or Damage to Insured Automobile — Section C ..................... 5All Perils Coverage — Subsection 1............................................. 5Collision or Upset Coverage — Subsection 2 .............................. 5Comprehensive Coverage — Subsection 3 .................................. 5Specified Perils Coverage — Subsection 4 .................................. 5Deductible Clause........................................................................... 5General Provisions, Definitions and Exclusions............................... 6Statutory Conditions ........................................................................... 7INSURING 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 forwhich a premium is specified in item 4 of the application andno other.Section A — Third Party LiabilityThe 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 consent personally drives theautomobile, 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 workmen'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 Insurance Act (AutomobileInsurance Part) relating 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 Policy.Additional 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 bedeemed expedient 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 or property; and(3) pay all costs taxed against any person insured by this policy inany civil action defended by the Insurer and any interestUnderwritten 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.

accruing after entry of judgment upon that part of the judgmentwhich is within the limit(s) of the Insurer's liability; and(4) in case the injury be to a person, reimburse any person insuredby this policy for outlay for such medical aid as may beimmediately necessary at the time of such injury; and(5) be liable up to the minimum limit(s) prescribed for thatprovince or territory of Canada in which the accident occurred,if that limit(s) is higher than the limit(s) stated in section A ofitem 4 of the application; and(6) not set up any defense to a claim that might not be set up if thepolicy were a motor vehicle liability policy issued in theprovince or territory of Canada in which the accident occurred.Agreements of InsuredWhere indemnity is provided by this section, every person insuredby this policya) by the acceptance of this policy, constitutes and appoints theInsurer his irrevocable attorney to appear and defend in anyprovince or territory of Canada in which action is broughtagainst the insured arising out of the ownership, use oroperation of the automobile;b) shall reimburse the Insurer, upon demand, in the amount whichthe Insurer has paid by reason of the provisions of any statuterelating to automobile insurance and which the Insurer wouldnot otherwise be liable to pay under this policy.Section B — Accident BenefitsThe Insurer agrees to pay to or with respect to each insured personas defined in this section who sustains bodily injury or deathdirectly and independently of all other causes by an accidentarising out of the use or operation of an automobile.Subsection 1 — Medical Payments and Funeral Benefits(1) All reasonable expenses incurred within two years from thedate of the accident as a result of such injury for necessarymedical, surgical, dental, hospital, professional nursing, andambulance service and, in addition for such other services andsupplies which are, in the opinion of the insured person'sattending physician and that of the Insurer's medical advisor,essential for the treatment of said person, to the limit of$10,000 per person.(2) Funeral services up to the amount of $2,000 in respect of thedeath of any one person.The Insurer shall not be liable under this subsection for thoseportions of such expenses payable or recoverable under anymedical, surgical, dental or hospitalization plan or law or, exceptfor similar insurance provided under another automobile insurancecontract, under any other insurance contract or certificate issued toor for the benefit of, any insured person.Subsection 2 — Death and Total DisabilityPart 1 — Death BenefitsA. Subject to the provisions of this Part I, for death, a payment ofa Principal sum — based on the age and status at the date of theaccident of the deceased in a household where spouse ordependents survive — of the following amount:Age of Deceased atDate of AccidentStatus of Deceased at Date of AccidentHead ofHouseholdSpouse inTwo-parentHouseholdsDependentRelativeUp to age of 4 years — — $ 1,0005 to 9 years — — 2,00010 to17years $10,000 $10,000 3,00018 to 64 years 10,000 10,000 2,00065 to 69 years 10,000 10,000 2,00070 years and over 10,000 10,000 1,000In addition, with respect to death of head of household,a) where there are two or more survivors — being spouse and/ordependent relatives the principal sum payable is increased 20%for each survivor other than the first; andb) where there are one or more survivors, being spouse and/ordependent relatives, 1% of the total principal sum, payableeach week for a period of 104 weeks. Any weekly benefit shallterminate upon death of all such survivors.For the purpose of this Part I,(1) "head of household" means that member of a household withthe largest income in the year preceding the date of theaccident;(2) "dependent relative'' means a persona) under the age of 19 years for whose support the head of thehousehold or the spouse of the head of household (or bothof them) is legally liable and who is dependent upon eitheror both of them for financial support; orb) 19 years of age or over and residing in the same dwellingpremises as the head of household who, because of mentalor physical infirmity, is principally dependent upon thehead of household or the spouse of the head of household(or both of them) for financial support;(3) the total sum payable shall be paid with respect to death ofhead of household or spouse to the surviving spouse. If there isno surviving spouse in the household, no amount shall bepayable unless there are surviving dependent relatives, and inthat event the total sum payable shall be divided equally amongthe surviving dependent relatives;(4) the total amount payable with respect to death due to acommon disaster of head of household and spouse shall be paidequally to surviving dependent relatives;(5) the sum payable with respect to the death of a dependentrelative shall be paid to the head of household or, if he does notsurvive, to the surviving spouse of the head of household but, ifneither the head of household nor the spouse survives, noamount is payable;(6) amounts payable under this Part I shall be paid only to a personwho is alive 60 days after the death of the insured person;(7) the amount payable under this Part I for the death of any personshall be reduced by the amount of any payments made to or forsuch person with respect to the same accident under Part II,Total Disability.Part II — Total DisabilityA weekly benefit for the period during which the injury shallwholly and continuously disable such insured person, provideda) such person was employed at the date of the accident;Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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) within 60 days from the date of the accident such injuryprevents him from performing any and every duty pertaining tohis occupation or employment;c) no benefit shall be payable for the first seven days of suchdisability or for any period in excess of 104 weeks.Amount of Weekly Benefit — The weekly benefit payable shallbe 80 percent of the average gross weekly earnings, subject to amaximum of $300 per week and a minimum of $100 per week. Theabove benefits shall be subject to the terms of clause (3) below.For the purpose of this Part II,(1) a person living in the same dwelling premises as his or herspouse and not otherwise engaged in occupation oremployment for wages or profit, if injured, shall be deemeddisabled only if completely incapacitated and unable to performany of his or her household duties and, while so incapacitatedshall receive $100 per week for not more than 26 weeks.(2) a person shall be deemed to be employeda) if actively engaged in occupation or employment for wagesor profit at the date of the accident, orb) if 19 years of age or over, so engaged for any six monthsduring the 12 months preceding the date of the accident.(3) where the benefits for loss of time payable hereunder, togetherwith benefits for loss of time under another contract, includinga contract of group accident insurance and a life insurancecontract providing disability insurance, exceed the money valueof the time of the insured person, the Insurer is liable only forthat proportion of the benefits for loss of time stated in thispolicy that the money value of the time of the person insuredbears to the aggregate of the benefits for loss of time payableunder all such contracts;(4) the disability of the insured person shall be certified by a dulyqualified medical practitioner, if so required by the Insurer.Subsection 3 — Uninsured Motorist CoverAll sums which every insured person shall be legally entitled torecover as damages for bodily injury, and all sums which any otherperson shall be legally entitled to recover as damages because ofthe death of any insured person, from the owner or driver of anuninsured or unidentified automobile as defined herein.(1) The Insurer shall not be liable under this subsection,a) to any person who has a right of recovery under anunsatisfied judgment or similar fund or plan in effect in anyjurisdiction of Canada or the United States of America;b) to any person who, without the written consent of theInsurer, makes directly or through his representative anysettlement with or prosecutes to judgement any actionagainst any person or organization which may be legallyliable therefore;c) for any amount in excess of the minimum limit(s) forautomobile bodily injury liability insurance applicable inthe jurisdiction in which the accident occurs regardless ofthe number of persons so injured or killed, but in no eventshall such limit(s) exceed the minimum limit(s) applicablein the jurisdiction stated in Item 1 of the application.(2) Uninsured automobile definedAn "uninsured automobile" under this section means anautomobile with respect to which neither the owner nor driverthere-of has applicable and collectible bodily injury liabilityinsurance for its ownership, use or operation, but shall notinclude an automobile owned by or registered in the name ofa) the named insured or by any person residing in the samedwelling premises therewith; orb) the governments of Canada or the United States of Americaor any political sub-division thereof or any agency orcorporation owned or controlled by any of them; orc) any person who is an authorized self-insurer within themeaning of a financial or safety responsibility law; ord) any person who has filed a bond or otherwise given proofof financial responsibility with respect to his liability forthe ownership, use or operation of automobiles.(3) Unidentified automobile definedAn "unidentified" automobile under this subsection means anautomobile which causes bodily injury or death to an insuredperson arising out of physical contact of such automobile withthe automobile of which the insured person is an occupant atthe time of the accident, provideda) the identity of either the owner or driver of suchautomobile cannot be ascertained, andb) the insured person or someone on his behalf has reportedthe accident within 24 hours to a police, peace or judicialofficer or to an administrator of motor vehicle laws andshall have filed with the Insurer within 30 days thereafter astatement under oath that the insured person or his legalrepresentative has a cause or causes of action arising out ofsuch accident for damages against a person or personswhose identity cannot be ascertained and setting forth thefacts in support thereof; andc) at the request of the Insurer, the insured person or his legalrepresentative makes available for inspection theautomobile of which the insured person was an occupant atthe time of the accident.(4) Limitation of liabilitya) if claim is made under this subsection and claim is alsomade against any person who is an insured under section A— Third Party Liability of this policy, any payment underthis subsection shall be applied in reduction of any amountwhich the insured person may be entitled to recover fromany person who is insured under section A;b) any payment made under Section A or under subsections 1or 2 of section B of this policy to an insured personhereunder shall be applied in reduction of any amountwhich such person may be entitled to recover under thissubsection.(5) Determination of legal liability and amount of damagesThe determination as to whether the insured person shall belegally entitled to recover damages and if so entitled, theamount thereof, shall be made by agreement between theinsured person and the Insurer.If any difference arises between the insured person and theInsurer as to whether the insured person is legally entitled torecover damages and, if so entitled, as to the amount thereofthese questions shall be submitted to arbitration of some personto be chosen by both parties, or if they cannot agree on oneperson, then by two persons, one to be chosen by the insuredperson and the other by the Insurer, and a third person to beappointed by the persons so chosen. The submission shall besubject to the provisions of the Arbitration Act and the awardshall be binding upon the parties.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.

(6) Notice of legal actionIf, before the Insurer makes payment of loss hereunder, theinsured person or his representative shall institute any legalaction for bodily injury or death against any other personowning or operating an automobile involved in the accident, acopy of the writ of summons or other process served inconnection with such legal action shall be forwardedimmediately to the Insurer.Special Provisions, Definitions, and Exclusions ofSection B(1) "Insured Person" Definedin this section, the words "insured person" meana) any person while an occupant of the described automobileor of a newly acquired or temporary substitute automobileas defined in this policy;b) the insured and, if residing in the same dwelling premisesas the insured, his or her spouse and any dependent relativeof either while an occupant of any other automobile;provided that,(i) the insured is an individual or are husband and wife;(ii) such person is not engaged in the business of selling,repairing, maintaining, servicing, storing or parkingautomobiles at the time of the accident;(iii) 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;(iv) 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 dwellingpremises as the insured;(v) such other automobile is not used for carryingpassengers for compensation or hire or for commercialdelivery;c) in Subsection 1 and 2 of Section B only, any person, notthe occupant of an automobile or of railway rolling-stockthat runs on rails, who is struck, in Canada, by thedescribed automobile or a newly acquired or temporarysubstitute automobile as defined in the policy;d) in Subsection 1 and 2 of Section B only, the named insured,if an individual and his or her spouse and any dependentrelative residing in the same dwelling premises as thenamed insured, not the occupant of an automobile or of arailway rolling-stock that runs on rails, who is struck byany other automobile provided that(i) such person is not engaged in the business of selling,repairing, maintaining, servicing, storing, or parkingautomobiles at the time of the accident;(ii) that automobile is not owned or regularly or frequentlyused by the insured or by any person or personsresiding in the same dwelling premises as the namedinsured;(iii) that automobile is not owned, hired, or leased by anemployer of the insured or by an employer of anyperson or persons residing in the same dwellingpremises as the named insured;e) if the insured is a corporation, unincorporated association,or partnership, or a sole proprietorship, any employee orpartner of the insured for whose regular use the automobileis furnished, and his or her spouse and any dependentrelative of either, residing in the same dwelling premises assuch employee or partner, while an occupant of any otherautomobile; andf) in Subsections 1 and 2 of Section B only, any employee orpartner of the insured, for whose regular use the automobileis furnished, and his or her spouse and any dependentrelative of either, residing in the same dwelling premises assuch employee or partner, while not the occupant of anautomobile or of railway rolling-stock that runs on rails,who is struck by any other automobile; provided that inrespect of (e) and (f) above,(i) neither such employee nor partner or his or her spouseis the owner of an automobile;(ii) such person is not engaged in the business of selling,repairing, maintaining, servicing, storing; or parkingautomobiles at the time of the accident;(iii) such other automobile is not owned or regularly orfrequently used by the employee or partner, or by anyperson or persons residing in the same dwellingpremises as such employee or partner;(iv) such other automobile is not owned, hired, or leased bythe insured or by an employer of any person or personsresiding in the same dwelling premises as suchemployee or partner of the insuredin respect of (e) above only,(v) such other automobile is not used for carryingpassengers for compensation or hire or for commercialdelivery.(2) Exclusionsa) The Insurer shall not be liable under clause (1) ofsubsection 1, nor under Part II of subsection 2 of thissection B for bodily injury to any person(i) resulting from the suicide of such person or attemptthereat, whether sane or insane; or(ii) who is entitled to receive the benefits of anyWorkmen's Compensation law or plan as a result of theaccident; or(iii) where the person at the time of the accident is engagedin a race or speed test; or(iv) caused directly by sickness or disease; or(v) who is using the automobile for any illicit or prohibitedtrade or transportation.b) The Insurer shall not be liable under Part II of subsection 2of this section B for bodily injury(i) sustained by any person who is convicted of an offenseunder section 253(b) of the Criminal Code (drivingwith more than 80 milligrams of alcohol in100 millilitres of blood) or under section 253(a) ofThe Criminal Code (driving while ability to driveimpaired by alcohol or a drug) occurring at the time ofthe accident; or(ii) sustained by any person driving the automobile who isunder the age prescribed by the law of the jurisdictionin which the accident occurs as being the minimum ageat which a licence or permit to drive the automobilemay be issued to him; or(iii) sustained by any person driving the automobile who isnot for the time being either authorized by law orqualified to drive the automobile.Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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(3) Notice and Proof of ClaimThe insured person or his agent, or the person otherwiseentitled to make claim or his agent, shalla) give written notice of claim to the Insurer by deliverythereof or by sending it by registered mail to the chiefagency or head office of the insurer in the Territory, notlater than 30 days from the date of the accident, or as soonas practicable thereafter;b) within 90 days from the date of the accident for which theclaim is made, or as soon as practicable thereafter, furnishto the Insurer such proof of claim as is reasonably possiblein the circumstances of the happening of the accident andthe loss occasioned thereby;c) if so required by the Insurer, furnish a certificate as to thecause and nature of the accident for which the claim ismade and as to the duration of the disability caused therebyfrom a duly qualified medical practitioner.(4) Medical ReportsThe Insurer has the right and the claimant shall afford to a dulyqualified medical practitioner named by the Insurer anopportunity to examine the person of the insured’s person whenand as often as it reasonably requires while the claim ispending and also, in the case of the death of the insured person,to make an autopsy subject to the law relating to autopsies.(5) ReleaseNotwithstanding any release provided for under the relevantsections of the Insurance Act, the Insurer may demand, as acondition precedent to payment of any amount under Section Bof the policy, a release in favour of the insured and the Insurerfrom liability to the extent of such payment from the insuredperson or his personal representative or any other person.(6) When Money Payablea) All amounts payable under Section B other than benefitsunder Part II of Subsection 2 hereof shall be paid by theInsurer within 60 days after it has received proof of claim.The initial benefits for loss of time under Part II ofSubsection 2 hereof shall be paid within 30 days after it hasreceived proof of claim, and payments shall be madethereafter within each 30-day period while the Insurerremains liable for payments if the insured person, wheneverrequired to do so, furnishes prior to payment proof ofcontinuing disability.b) No person shall bring an action to recover the amount ofthe claim under this section unless the requirements ofprovisions 3 and 4 hereof are complied with, nor until theamount of the loss has been ascertained as provided in thissection.c) Every action or proceeding against the Insurer for therecovery of a claim under this section shall be commencedwithin two years from the date on which the cause of actionarose and not afterwards.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, theft or attempt thereat, windstorm, earthquake, hail,explosion, riot or civil commotion, falling or forced landing ofaircraft or of parts thereof, rising water, or the stranding,sinking, burning, derailment or collision of any conveyance in orupon which the automobile 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 recorder whensuch tapes or equipment are detached therefrom; 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 is convicted of anoffence under Section 253 of the Criminal Code(Canada) or under or in connection with circumstancesfor which he is convicted of an offence under Section254 of the Criminal Code (Canada); orUnderwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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h) where the insured permits, suffers, allows or connives atthe use of the automobile by any person contrary to theprovisions of (g); or(2) under subsections 3 (Comprehensive), 4 (Specified Perils) onlyfor loss or damage caused by theft by any person or personsresiding in the same dwelling premises as the insured, or byany 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 policyAdditional 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;(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$25.00 for any one day nor totalling more than $750.00incurred for the rental of a substitute automobile includingtaxicabs and public means of transportation.Reimbursement is limited to such expense incurred during theperiod commencing seventy-two hours after such theft has beenreported to the Insurer or the police and terminating, regardlessof the expiration 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.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), B (AccidentBenefits), C (Loss of or Damage to Insured 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), B (AccidentBenefits) 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 if residing inthe same dwelling premises as the insured, provided thatUnderwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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(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 dwellingpremises 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 premises as anyof the afore-mentioned 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) respect to the use oroperation 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 on 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 section 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 automobile on the businessof his employer and for which he is paid shall not bedeemed the renting or leasing of the automobile to another;b) the automobile is used to carry explosives, or to carryradioactive material for research, education, developmentor industrial purposes, or for the purposes incidentalthereto;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 automobile for the carriageof another person in return for the former's carriage inthe automobile of the latter;(ii) the occasional and infrequent use by the insured of hisautomobile for the carriage of another person whoshares the cost of the trip;(iii) the use by the insured of his automobile for the carriageof a temporary or permanent domestic servant of theinsured or his spouse;(iv) the use by the insured of his automobile for the carriageof clients or customers or prospective clients orcustomers;(v) the occasional and infrequent use by the insured of hisautomobile for the transportation of children to or fromschool 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. With respect to Section B only Statutory Conditions1, 8 and 9 shall apply.Material Change in Risks1. (1) The insured named in this contract shall promptly notifythe Insurer or its local agent in writing of any change in therisk material to the contract and within his knowledge.(2) Without restricting the generality of the foregoing, thewords "change in the risk material to the contract" include: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.

a) any change in the insurable interest of the insurednamed in this contract in the automobile by sale,assignment or otherwise, except through change of titleby succession, death or proceedings under theBankruptcy Act (Canada);and in respect of insurance against loss of or damage to theautomobile.b) any mortgage, lien or encumbrance affecting theautomobile after the application for this contract;c) any other insurance of the same interest, whether validor not, covering loss or damage insured by this contractor any portion thereof.Prohibited Use by Insured2. (1) The insured shall not drive or operate the automobile,a) unless he is for the time being either authorized by lawor qualified to drive or operate the automobile; orb) while his licence to drive or operate an automobile issuspended or while his right to obtain a licence issuspended or while he is prohibited under order of anycourt from driving or operating an automobile; orc) while he is under the age of sixteen years or under suchother age as is prescribed by the law of the province inwhich he resides at the time this contract is made asbeing the minimum age at which a licence or permit todrive an automobile may be issued to him, ord) for any illicit or prohibited trade or transportation; ore) in any 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 any 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 sixteen yearsor under such other age as is prescribed by the lawof the province in which he resides at the time thiscontract is made as being the minimum age atwhich a licence or permit to drive an automobilemay be issued to him; orb) by any person who is a member of the household of theinsured while his licence to drive or operate anautomobile is suspended or while his right to obtain alicence is suspended or while he is prohibited underorder of any court from driving or operating anautomobile; orc) for any illicit or prohibited trade or transportation; ord) in any race or speed test.Requirements Where Loss or Damage to Persons orProperty3. (1) The insured shall,a) promptly give to the Insurer written notice, with allavailable particulars, of any accident involving loss ordamage to persons or property and of any claim madeon account of the accident;b) verify by statutory declaration, if 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 every letter,document, advice or writ received by him from or onbehalf of the claimant.(2) The insured shall not,a) voluntarily assume any liability or settle any claimexcept at his own cost; orb) interfere in any negotiations for settlement or in anylegal proceeding.(3) The insured shall, whenever requested by the Insurer, aid insecuring information and evidence and the attendance ofany witness and shall co-operate with the Insurer, except ina pecuniary way, in the defence of any action or proceedingor in the prosecution of any 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 notice thereof in writing to the insurerwith the fullest 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 ninety days after the dateof the loss or damage a statutory declaration stating, tothe best of his knowledge and belief, the place, time,cause and amount of loss or damage, the interest of theinsured and of all others therein, the encumbrancesthereon, all other insurance, whether valid or not,covering the automobile and that the loss or damage didnot occur through any willful act or neglect,procurement, means or connivance of the insured.(2) Any further loss or damage accruing to the automobiledirectly or indirectly from a failure to protect it as requiredunder subcondition (1) of this condition is not recoverableunder this contract.(3) No repairs, other than those that are immediately necessaryfor the protection of the automobile from further loss ordamage, shall be undertaken and no physical evidence ofthe 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 andshall produce for examination at such reasonable place andtime as is designated by the insurer or its representative alldocuments in his possession or control that relate to thematters in question, and he shall permit extracts and copiesthereof 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 any loss or damageoccurs, and the loss or damage shall be ascertained orestimated according to that actual cash value with properdeduction for depreciation, however caused, and shall notexceed the amount that it would cost to repair or replace 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.

automobile, or any part thereof, with material of like kindand quality, but, if any part of the automobile is obsoleteand out of stock, the liability of the Insurer in respectthereof shall be limited to the value of that part at the timeof loss or damage, not exceeding the maker's latestlist 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 like kind and quality if, within seven 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. If the Insurerexercises the option to replace the automobile or pays theactual cash value of the automobile, the salvage, if any,shall vest in 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 any loss or damage, those questions shall bedetermined by appraisal as provided under the InsuranceAct before there can be recovery under this contract,whether the right to recover on the contract is disputed ornot, and independently of all other questions. There shall beno right to an appraisal until a specific demand therefor ismade in writing and until after proof of loss has beendelivered.Inspection of Automobile5. The insured shall permit the Insurer at all 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 sixty days after the proofof loss has been received by it or, where an appraisal ismade under subcondition (8) of statutory condition 4,within fifteen days after the award is rendered by theappraisers.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 nor until theamount of the loss has been ascertained as therein providedor by a judgement against the insured after trial of the issueor by agreement between the parties with the writtenconsent of the Insurer.Limitations of Actions(3) Every action or proceeding against the Insurer under thiscontract in respect of loss or damage to the automobile orin respect of loss or damage to persons or property shall becommenced within two years from the time when the lossor damage 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 to makethe proof, such absence or inability being satisfactorilyaccounted for or, in the like case or if the insured refuses to doso, by a person to whom any part of the insurance money ispayable.Termination8. (1) This contract may be terminated,a) by the insurer giving to the insured fifteen days' noticeof termination by registered mail or five days' writtennotice of termination personally delivered;b) by the insured at any time 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 pro rata premium for theexpired time, but in no event shall the pro rata premiumfor the expired time, be deemed to be less than anyminimum 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, theInsurer shall refund as soon as practicable the excess ofpremium actually paid by the insured over the short ratepremium for the expired time, but in no event shall theshort rate premium for the expired time be deemed to beless than any minimum retained premium specified.(4) The refund may be made by money, postal or expresscompany money order or cheque payable at par.(5) The fifteen days mentioned in clause (a) of subcondition 1of this condition commences to run on the day followingthe receipt of the registered letter at the post office to whichit is addressed.Notice9. Any written notice to the Insurer may be delivered at, or sentby registered mail to, the chief agency or head office of theInsurer in the Territory. Written notice may be given to theinsured named in this contract by letter personally delivered tohim or by registered mail addressed to him at his latest postoffice address as notified to the Insurer. In this condition, theexpression "registered" means registered 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.