Prince Edward Island Automobile Policy - RBC Insurance

Prince Edward Island Automobile Policy (PE - S.P.F. No. 1)IndexBodily Injuries and Damage to Other People’s Property.................1Section A — Third Party Liability..............................................1Agreements of Insured ....................................................................2Section B - Accident Benefits .........................................................2Subsection 1 - Medical, Rehabilitation and Funeral Expenses...........................................................................................2Subsection 2 - Death Benefits and Loss of Income Payments...........................................................................................2Subsection 2A - Supplemental Benefits Respecting AccidentsOccurring in Quebec .........................................................3Special Provisions, Definitions and Exclusions of Section B..........4Section C - Loss of or Damage to Insured Automobile .................5Subsection 1 - All Perils .............................................................5Subsection 2 - Collision or Upset ...............................................5Subsection 3 - Comprehensive ...................................................5Subsection 4 - Specified Perils ...................................................5Deductible Clause .......................................................................5Section D — Uninsured Automobile Coverage...............................6Section E - General Provisions, Definitions and Exclusions ...........9Section F - Statutory Conditions....................................................10iINSURING 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 and Dfor which 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 insured’s consent personally drivesthe automobile, 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 Workers' 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 inthe care, 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 interestSeptember 30, 2014, 1:31 PM, Page 1 of 13Underwritten 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.Auto Policy Wording

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 defence 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 death by anaccident arising out of the use or operation of an automobile.Subsection 1 — Medical, Rehabilitation and FuneralExpenses(1) All reasonable expenses incurred within four years from thedate of the accident as a result of such injury for necessarymedical, surgical, dental, chiropractic, hospital, professionalnursing and ambulance service and for any other service withinthe meaning of basic health services or insured services underthe Health Services Payment Act R.S.P.E.I. 1988, Cap. H-2or the Hospital and Diagnostic Services Insurance ActR.S.P.E.I. 1988, Cap. H-8 and for such other services andsupplies which are, in the opinion of the physician of theinsured person’s choice and that of the Insurer’s medicaladvisor, essential for the treatment, occupational retraining orrehabilitation of said person, to the limit of $50,000 per person.(2) Funeral expenses incurred up to the amount of $2,500 inrespect of the death 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 Benefits and Loss of IncomePaymentsPart I — Death BenefitsA. Subject to the provisions of this Part, for death that ensueswithin 180 days of the accident or within 104 weeks of theaccident if there has been continuous disability during thatperiod, a payment — based on the status at the date of theaccident of the deceased in a household where a spouse ordependants survive — of the following amounts:Head of the Household…………………………………$50,000Spouse of the Head of the Household…………….$25,000, andDependant within the meaning of sub-subparagraph (b) ofsubparagraph (3) of paragraph B………………………...$5,000In addition, with respect to death of the head of thehousehold, where there are two or more survivors — spouse ordependants — the principal sum payable is increased $1,000 foreach survivor other than the first.B. For the purposes of this Part,(1) "spouse of the head of the household " means the spousewith the lesser income from employment in the twelvemonths preceding the date of the accident.(2) "spouse" means a spouse whoa) was cohabiting with the deceased at the time of theoccurrence giving rise to a claim; orb) was cohabiting with the deceased within the yearpreceding the occurrence giving rise to a claim; and forthe purpose of this definition,“spouse” means an individual who, in respect of anotherperson,a) is married to the other person,b) has entered into a marriage with the other person that isvoidable or void,c) is not married to the other person but is cohabiting withhim or her in a conjugal relationship and has done socontinuously for a period of at least three years, ord) is not married to the other person but is cohabiting withhim or her in a conjugal relationship and together theyare the natural or adoptive parents of a child.(3) "dependant" meansa) the spouse of the head of the household who resideswith the head of the household; orb) a person,(i) under the age of 18 years who resides with and isprincipally dependent upon the head of thehousehold or the spouse of the head of thehousehold for financial support,(ii) 18 years of age or over who, because of mental orphysical infirmity, is principally dependent uponthe head of the household or the spouse of the headof the household for financial support, or(iii) 18 years of age or over who, because of full-timeattendance at a school, college or university, isprincipally dependent upon the head of thehousehold or the spouse of the head of thehousehold for financial support, orc) a parent or relative(i) of the head of the household, or(ii) of the spouse of the head of the household, residingin the same dwelling premises and principallydependent upon the head of the household or thespouse of the head of the household for financialsupport.(4) The total amount payable shall be paid to a person who isthe head of the household or the spouse of the head of thehousehold, as the case may be, if that person survives thedeceased by at least 30 days.(5) The total amount payable with respect to death where nohead of the household or spouse survives the deceased bySeptember 30, 2014, 1:31 PM, Page 2 of 13Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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at least 30 days shall be divided equally among thesurviving dependants.(6) No amount is payable on death, other than incurred funeralexpenses, if no head of the household or dependantsurvives the deceased by at least 30 days.Part II — Loss of IncomeSubject to the provisions of this Part, a weekly payment for the lossof income from employment for the period during which theinsured person suffers substantial inability to perform the essentialduties of his or her occupation or employment, provided,a) such person was employed at the date of the accident;b) within 30 days from the date of the accident, and as a result ofthe accident, the insured person suffers substantial inability toperform the essential duties of his or her occupation oremployment for a period of not less than seven days;c) no payments shall be made for any period in excess of 104weeks except that if, at the end of the 104 week period, it hasbeen established that such injury continuously prevents suchperson from engaging in any occupation or employment forwhich he is reasonably suited by education, training orexperience, the Insurer agrees to make such weekly paymentsfor the duration of such inability to perform the essential duties.Amount of Weekly Payment — The amount of a weekly paymentshall be the lesser of,a) $250 per week; orb) 80 percent of the insured person's gross weekly income fromemployment, less any payments for loss of income fromemployment received by or available to such person under(i) the laws of any jurisdiction,(ii) wage or salary continuation plans available to the person byreason of his employment, and(iii) subsection 2A,but no deduction shall be made for any increase in suchpayment due to a cost of living adjustment subsequent to theinsured person's substantial inability to perform the essentialduties of his or her occupation or employment.For the purposes of this Part,(1) there shall be deducted from an insured person's gross weeklyincome any payments received by or available to him or herfrom part-time or other employment or occupation subsequentto the date of the accident;(2) a principal unpaid housekeeper residing in the household, nototherwise engaged in occupation or employment for wages orprofit, if injured, shall be deemed disabled only if completelyincapacitated and unable to perform any of his or her householdduties and, while so incapacitated, shall receive a benefit at therate of $100 per week for not more than 52 weeks;(3) a person shall be deemed to be employed,a) if actively engaged in an occupation or employment forwages or profit at the date of the accident; orb) if previously so engaged for any six months out of thepreceding 12 months;(4) a person receiving a weekly payment who, within 30 days ofresuming his occupation or employment, is unable to continuesuch occupation or employment as a result of such injury, is notprecluded from receiving further weekly payments;(5) where the payments for loss of income payable hereunder,together with payments for loss of income under anothercontract of insurance other than a contract of insurance relatingto any wage or salary continuation plan available to an insuredperson by reason of his or her employment, exceed the actualloss of income of the insured person, the Insurer is liable onlyfor that proportion of the payments for loss of income stated inthis Policy that the actual loss of income of the person insuredbears to the aggregate of the payments for loss of incomepayable under all such contracts.Subsection 2(A) — Supplemental Benefits RespectingAccidents Occurring in QuebecThis subsection comes into force and is effective only inaccordance with a written agreement between the Government ofPrince Edward Island and the Government of Quebec or an agencythereof.A. For the purposes of this subsection,a) "accident" means an event occurring in Quebec resulting indamage caused by an automobile, or by the use of anautomobile, or by the load of an automobile, includingdamage caused by a trailer;b) "bodily injury" means physical, psychological or mentalinjury including death as well as damage to the clothingworn by the victim at the time of the accident;c) "resident of Prince Edward Island" means any person,(i) who is authorized by law to be or to remain in Canadaand is living and ordinarily present in Prince EdwardIsland, and(ii) who meets the criteria prescribed in Division II of O.C.374-78 made under the Automobile Insurance Act(Quebec), which apply with necessary modifications,but does not include a person,(iii) who is merely touring, passing through or visitingPrince Edward Island, or(iv) who is, at the time of an accident in Quebec, the owneror driver of, or a passenger in, an automobile registeredin Quebec;d) "person insured in Quebec" means a resident of PrinceEdward Island who is(i) any person while an occupant of the describedautomobile or of a newly acquired or temporarysubstitute automobile as defined in this Policy,(ii) the insured and, if residing in the same dwellingpremises as the insured, his or her spouse and anydependent relative of either while an occupant of anyother automobile,(iii) any person, not the occupant of an automobile, who isstruck by the described automobile or a newly acquiredor temporary substitute automobile as defined inthis Policy,(iv) the named insured, if an individual, and his or herspouse and any dependent relative residing in the samedwelling premises as the named insured, not theoccupant of an automobile who is struck by any otherautomobile.(v) any employee or partner of the insured, if the insured isa corporation, unincorporated association, orpartnership, for whose regular use the describedautomobile is furnished, and his or her spouse and anydependent relative of either, residing in the samedwelling premises as such employee or partner, whilean occupant of any other automobile,September 30, 2014, 1:31 PM, Page 3 of 13Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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esiding in the same dwelling premises as suchemployee or partner of the insured,in respect of e) above only,(vi) such other automobile is not used for carryingpassengers for compensation or hire or for commercialdelivery.(2) "Physician" DefinedIn this section "physician" means a legally qualified medicalpractitioner.(3) Exclusionsa) Except as provided in Subsection 2A, the Insurer shall notbe liable under this section for bodily injury to or death ofany 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 any Workers'Compensation law or plan, or(iii) caused directly or indirectly by radioactive material;b) The Insurer shall not be liable under subsection I or Part IIof subsection 2 of this section for bodily injury or death(i) sustained by any person who at the time of the accidentwas driving or operating the automobile while in acondition for which he is convicted of an offence underSection 253 of the Criminal Code (Canada) or underor in connection with the circumstances for which he isconvicted of an offence under Section 254 of theCriminal Code (Canada);(ii) sustained by any person driving the automobile who isnot for the time being either authorized by law orqualified to drive the automobile.(4) Notice and Proof of ClaimThe insured person or his agent, or the person otherwiseentitled to make claim or his agent, shall,a) 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 Province, within30 days from the date of the accident or as soon aspracticable 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 physician.(5) Medical ReportsThe Insurer has the right and the claimant shall afford to theInsurer, an opportunity to examine the person of the insuredperson when and as often as it reasonably requires while theclaim is pending, and also, in the case of the death of theinsured person, to make an autopsy subject to the law relatingto autopsies.(6) 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 thissection, a release in favour of the insured and the Insurer fromliability to the extent of such payment from the insured personor his personal representative or any other person.(7) When Moneys Payablea) All amounts payable under this section, other than benefitsunder Part II of subsection 2, shall be paid by the Insurerwithin 30 days after it has received proof of claim. Theinitial benefits for loss of time under Part II of subsection 2shall be paid within 30 days after it has received proof ofclaim, and payments shall be made thereafter within each30-day period while the Insurer remains liable forpayments if the insured person, whenever required to do so,furnishes prior to payment, proof of continuing disability.b) No person shall bring action to recover the amount of aclaim under this section unless the requirements ofprovisions (4) and (5) 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 one year from the date on which the cause of actionarose and not afterwards.(8) Limitation on Benefit PayableWhere a person is entitled to benefits under more thanone contract providing insurance of the type set forth insubsections 1, 2 or 2A, he or she or his or her personalrepresentative or any person claiming through or under him orby virtue of the Fatal Accidents Act may recover only anamount equal to one benefit.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 theron.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 whichSeptember 30, 2014, 1:31 PM, Page 5 of 13Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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the 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, other than their equipment; or to rugsor robes; orf) to tapes or other audio or video equipment for use with atape player, recorder or other audio and video device whensuch tapes or other audio or video equipment is detachedtherefrom;g) 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 Sections 253 of the Criminal Code(Canada) or under or in connection with thecircumstances for which he is convicted of an offenceunder Section 254 of the Criminal Code (Canada); orh) where the insured permits, suffers, allows or connives atthe use of the automobile by any person contrary to theprovisions of (g).(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 riotapply 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) of theExclusions 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.Section D — Uninsured Automobile Coverage1. DefinitionsFor the purposes of this section,a) "insured automobile" means the automobile as defined ordescribed under the contract;b) "person insured under the contract" means,(i) in respect of a claim for damage to the insuredautomobile, the owner of the automobile,(ii) in respect of a claim for damage to the contents of theinsured automobile, the owner of the contents, and(iii) in respect of a claim for bodily injuries or death,a. any person while driving, being carried in or uponor entering or getting on to or alighting from theinsured automobile,b. 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,September 30, 2014, 1:31 PM, Page 6 of 13Underwritten 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.Auto Policy Wordings

(1) while driving, being carried in or upon orentering or getting on to or alighting from anuninsured automobile, or(2) who is struck by an uninsured or unidentifiedautomobile, but does not include a personstruck while driving, being carried in or uponor entering or getting on to or alighting fromrailway rolling-stock that runs on rails, andc. 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 and any dependent relative,(1) while driving, being carried in or upon orentering or getting on to or alighting from anuninsured automobile, or(2) who is struck by an uninsured or unidentifiedautomobile, but does not include a personstruck while driving, being carried in or uponor entering or getting on to or alighting fromrailway rolling-stock that runs on rails,if such director, officer, employee or partner or his orher spouse is not the owner of an automobile insuredunder a contract;c) "unidentified automobile" means an automobile withrespect to which the identity of either the owner or drivercannot be ascertained;d) "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.2. Uninsured Automobile and Unidentified AutomobileCoverage(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 the deathof a 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) Qualification of Dependent RelativeA dependent relative referred to in paragraph b) of thedefinition "person insured under the contract" in clause 1 ofthis Section.a) 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 deemed not to be adependent relative for the purposes of this Section.3. Limits and Exclusions(1) The insurer is not liable under paragraph (1) of clause 2 ofthis Sectiona) 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 243(1) of theInsurance Act.b) where an accident occurs in a jurisdiction other thanPrince Edward Island, to pay in respect of the accidenta 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 ofpersons sustaining bodily injury or dying or theamount of damages for accidental damage to theinsured automobile or its contents or both theinsured automobile 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 validclaim for payment of such damages from an unsatisfiedjudgment fund or similar fund,d) to make any payment to a claimant who is legallyentitled to recover a sum of money under the third partyliability section of any motor vehicle liability Policy,e) to make any payment to a claimant who wouldotherwise be legally entitled to recover a sum of moneyunder any contract of insurance as a result of theaccident, other than money payable on death, thatexceeds the sum that the person is legally entitled torecover under paragraph (1) of clause 2 of this section,f) subject to paragraphs (a), (b) and (e), to pay a claimantwith respect to any one accident a sum in excess of thedifference between the sum that the claimant is legallyentitled to recover as damages from the owner or driverof the automobile and the sum that the claimant isotherwise legally entitled to recover under any validcontract of insurance, other than money payable ondeath, as a result of the accident,g) to pay a claimant the first two hundred and fifty dollarsin respect of any damages for accidental damage to theinsured automobile or its contents or to both the insuredautomobile and its contents, resulting from any oneaccident, andh) to make any payment respecting bodily injury, death ordamage caused directly or indirectly by radioactivematerial.(2) Where, by reason of any one accident, liability results frombodily injury or death and from damage to the insuredautomobile or its contents or to both the insured automobileand its contentsa) claims arising out of bodily injury or death havepriority to the extent of ninety five per cent of the totalSeptember 30, 2014, 1:31 PM, Page 7 of 13Underwritten by RBC General Insurance Company® Registered trademark of Royal Bank of Canada. 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amount legally payable under the contract over claimsarising out of damage to the insured automobile or itscontents or to both the insured automobile and itscontents, andb) claims arising out of damage to the insured automobileor its contents or to both the insured automobile and itscontents have priority to the extent of five per cent ofthe total amount legally payable under the contract overclaims arising out of bodily injury or death.4. Accidents Involving Unidentified AutomobilesWhere bodily injuries to or the death of a person insured underthe contract results from an accident involving an unidentifiedautomobile, the claimant or a person acting on behalf of theclaimant shalla) report the accident within a period of twenty-four hoursafter the accident or as soon after that period aspracticable to a peace officer, a judicial officer or anadministrator of motor vehicle laws,b) deliver to the insurer within a period of thirty days afterthe accident or as soon after that period as practicable awritten notice, stating that the claimant has a cause ofaction arising out of the accident for damages against aperson whose identity cannot be ascertained and settingout the facts in support of the cause of action, andc) at the request of the insurer, make available forinspection by the insurer, where practicable, anyautomobile involved in the accident in which theperson insured under the contract was an occupant atthe time of the accident.5. Determination of Legal Liability and Amount of Damages(1) Issues as to whether or not a claimant is legally entitled torecover damages and as to the amount of such damagesshall be determineda) by written agreement between the claimant and theinsurer,b) at the request of the claimant and with the consent ofthe insurer, by arbitration by(i) one person, if the parties are able to agree on suchperson, or(ii) where the parties are unable to agree on one person,three persons, one of whom is chosen by theclaimant, one of whom is chosen by the insurer andone of whom is selected by the two persons sochosen, orc) subject to subsection (3), by The Supreme Court ofPrince Edward Island in an action brought against theinsurer by the claimant.(2) The Arbitration Act applies to an arbitration underparagraph (1) (b)(3) An insurer may, in its defence of an action referred to inparagraph (1) (c), contest the issue ofa) the legal entitlement of the claimant to recoverdamages, orb) the amount of damages payable, only if such issue hasnot already been determined in a contested action inThe Supreme Court of Prince Edward Island.6. Notice and Proof of Claim(1) A claimant claiming damages for bodily injury to or thedeath of a person resulting from an accident involving anuninsured automobile or unidentified automobile or aperson acting on behalf of the claimant shalla) within a period of thirty days after the date of theaccident or as soon after that period as practicable, givewritten notice of the claim to the insurer by deliveringit personally or by sending it by registered mail to thechief agent or head office of the insurer in PrinceEdward Island,b) within a period of ninety days after the date of theaccident or as soon after that period as practicable,deliver to the insurer as fully detailed a proof of claimas is reasonably possible in the circumstancesrespecting the events surrounding the accident and thedamages resulting from it,c) provide the insurer, at the insurer's request, with thecertificate of a medical practitioner legally qualified topractise medicine, describing the cause and nature ofthe bodily injury or death to which the claim relates andthe duration of any disability resulting from theaccident, andd) provide the insurer with details of any policies ofinsurance, other than life insurance, to which theclaimant may have recourse.(2) Statutory condition 4 of subsection 220(2) of theInsurance Act applies with the necessary modificationswhere a claimant claims damages for accidental damage toan insured automobile or its contents or to both an insuredautomobile and its contents.7. Notice of Legal Proceeding(1) A claimant who is a person insured under the contract or isa person claiming damages for bodily injury to or the deathof a person insured under the contract and who commencesan action or other legal proceeding seeking damagesagainst another person owning or operating an automobileinvolved in the accident shall immediately deliver a copy ofthe notice of action or other originating process to the chiefagent or head office of the insurer in Prince Edward Islandby delivering it personally or by sending it byregistered mail.(2) Subject to subsection (3), if a claimant referred to insubsection (1) obtains a judgment against the other personreferred to in subsection (1) and is unable to recover all or aportion of the sum awarded to the claimant in the judgment,the insurer shall, at the claimant's request, pay to theclaimant the sum or portion of the sum remaining due.(3) Before making payment under subsection (2), the insurermay require the claimant to assign the claimant's judgmentto the insurer and the insurer shall account to the claimantfor any recovery it makes under the judgment of a sum inexcess of the total of the sum paid to the claimant, afterdeducting the insurer's costs.8. Physical or Mental Examinations and Autopsies(1) The insurer has the right and the claimant shall afford theinsurer an opportunitya) to conduct a physical or mental examination of anyperson insured under the contract to whom theclaimant's claim relates at the time and as often as theinsurer reasonably requires and while the claim ispending, andSeptember 30, 2014, 1:31 PM, Page 8 of 13Underwritten 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.Auto Policy Wordings

) where a claim relates to the death of a person insuredunder the contract, to initiate an autopsy at the insurer'sexpense subject to the law relating to autopsies.(2) The insurer shall provide the claimant, at the claimant'srequest, with a copy of any medical, psychological orautopsy report relating to an examination or autopsy undersubsection (1).9. Limitations(1) No person shall commence an action to recover the amountof a claim provided for under the contract and undersubsection 245(2) of the Insurance Act unless therequirements of this Section have been complied with.(2) Every action or other legal proceeding against an insurerfor the recovery of an amount of damages shall becommenced within two years after the date on which thecause of action against the insurer arose and not afterward.10. Limitation of Benefit PayableA claimant who is entitled to claim under more than onecontract providing insurance of the type provided for undersubsection 245(2) of the Insurance Act may not recover anamount exceeding the amount which the claimant would beentitled to receive if the claimant were entitled to recover underonly one of the contracts.11. Application of General ProvisionsIn so far as applicable, the general provisions, definitions andexclusions and the statutory conditions of this Policy applywith the necessary modifications to this Section.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"the automobile" mean:Under sections A (Third Party Liability), B (AccidentBenefits), C (Loss of or Damage to Insured Automobile), D(Uninsured Automobile).a) The Described Automobile — an automobile, trailer orsemitrailer specifically described in the Policy or within thedescription 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), D (Uninsured Automobile) only.c) A Temporary Substitute Automobile — an automobile notowned by the insured nor by any person or persons residingin the same dwelling premises as the insured, whiletemporarily 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 that(i) the described automobile is of the private passenger orstation wagon type;(ii) the insured is an individual or a spouse of the insured;(iii) neither the insured nor his or her spouse is driving suchautomobile in connection with the business of sellingrepairing, 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;September 30, 2014, 1:31 PM, Page 9 of 13Underwritten 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.Auto Policy Wordings

(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 aforementioned persons;(v) such other automobile is not used for carryingpassengers for compensation or hire or commercialdelivery;f) A trailer and this means:i) for the purpose of Section A (Third Party Liability), B(Accident Benefits), and D (Uninsured AutomobileCoverage), 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) with respect to the useor operation 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 of 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 sections A and Band separate automobiles with respect to the limit(s) ofliability, including any deductible provisions, undersection C.7. War Risks ExcludedThe Insurer shall not be liable under Section B (AccidentBenefits), Section C (Loss or Damage to Insured Automobile)or Section D (Uninsured Automobile Coverage) of this Policyfor 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 purposes incidental thereto;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.Section F - Statutory ConditionsIn these statutory conditions, unless the context otherwise requires,the word "insured" means a person insured by this contract whethernamed or not. Statutory conditions 1, 8 and 9 shall apply asPolicy conditions with respect to section B.Material Change in Risk1. (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: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 automobilea) unless he is for the time being either authorized by lawor qualified to drive or operate the automobile; orb) while he is under the age of 16 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; orc) for any illicit or prohibited trade or transportation; ord) in any race or speed test; ore) while his license to drive or operate an automobile issuspended or while his right to obtain a license issuspended or while he is prohibited under order of anycourt from driving or operating an automobile.September 30, 2014, 1:31 PM, Page 10 of 13Underwritten 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.Auto Policy Wordings

Prohibited Use by Others(2) The insured shall not permit, suffer, allow or connive at theuse of the automobilea) 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 16 years orunder such other age as is prescribed by the law ofthe province in which he resides at the time thiscontract is made as being the minimum age atwhich a license or permit to drive an automobilemay be issued to him; orb) for any illicit or prohibited trade or transportation; orc) in any race or speed test; ord) by any person who is a member of the household of theinsured while his license to drive or operate anautomobile is suspended or while his right to obtain alicense is suspended or while he is prohibited underorder of any court from driving or operating anautomobile.Requirements Where Loss or Damage to Persons or Property3. (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 the loss or damage, the interest ofthe insured 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 wilful 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 theautomobile, 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 theInsurance 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.September 30, 2014, 1:31 PM, Page 11 of 13Underwritten 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.Auto Policy Wordings

There shall be no right to an appraisal until a specificdemand therefor is made in writing and until after proof ofloss has been delivered.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 or until theamount of the loss has been ascertained as therein providedor by a judgment against the insured after trial of the issueor by agreement between the parties with the writtenconsent of the Insurer.Limitation of Actions(3) Every action or proceeding under the contract against theInsurer in respect of a claim for indemnification for liabilityof the insured for loss or damage to property of anotherperson or for personal injury to or death of another personshall be commenced within two years after the liability ofthe insured is established by a court of competentjurisdiction and not afterwards. Every other action orproceeding against the Insurer under the contract in respectof loss or damage to the automobile shall be commencedwithin two years from the time the loss or damage wassustained 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, 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.September 30, 2014, 1:31 PM, Page 12 of 13Underwritten 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.Auto Policy Wordings

(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(1) of this condition commences to run on the dayfollowing the receipt of the registered letter at the postoffice to which it is addressed.Notice9. (1) Any written notice to the Insurer may be delivered at, orsent by registered mail to, the chief agency or head office of theInsurer in the province. 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.(2) In this condition the expression "registered" meansregistered in or outside Canada.iii If «PMUWRCD» 250= 90 then print this underwriterdisclaimer:“Underwritten by RBC Insurance Company of Canada®Registered trademark of Royal Bank of Canada. RBC Insurance is aregistered trademark of Royal Bank of Canada., Used under license.”Otherwise print disclaimer as isii DOCID = «TRDOCCD» 100 = “AUW” and «CLLNGIN» 200= ESeptember 30, 2014, 1:31 PM, Page 13 of 13Underwritten 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.Auto Policy Wordings