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

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

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