Statutory Conditions
20307 (Rev. 2009)
Conditions Applicable to the Various Coverages Provided Herein
All of the Conditions set out under STATUTORY CONDITIONS in
the Policy apply with respect to insurance provided under ALL OTHER FORMS
except as they are modified or supplemented by the Forms or Endorsements
attached.
No term or condition of this Policy shall be deemed to have been waived
by us in whole or in part unless the waiver is clearly stated in writing,
signed by a person authorized for that purpose. Neither we nor you shall
be deemed to have waived any term or condition of this Policy by any act
relating to the appraisal of the amount of loss or to the delivery and
completion of proofs, or to the investigation or adjustment of any claim
under this Policy.
Statutory Conditions (All Provinces Except Quebec)
Statutory Conditions 1 to 15 inclusive apply with respect to insurance
on property. Statutory Conditions 1, 3, 4, 5 and 15 apply to all liability
coverages if "Personal Liability Protection" forms part of the
policy.
Misrepresentation
1. If a person applying for insurance falsely describes the property
to the prejudice of the Insurer, or misrepresents or fraudulently omits
to communicate any circumstance that is material to be made known to the
Insurer in order to enable it to judge the risk to be undertaken, the contract
is void as to any property in relation to which the misrepresentation or
omission is material.
Property of Others
2. Unless otherwise specifically stated in the contract, the Insurer
is not liable for loss or damage to property owned by any person other
than the Insured, unless the interest of the Insured therein is stated
in the contract.
Change of Interest
3. The Insurer is liable for loss or damage occurring after an authorized
assignment under the Bankruptcy Act or change of title by succession, by
operation of law, or by death.
Material Change
4.Any change material to the risk and within the control and knowledge
of the Insured avoids the contract as to the part affected thereby, unless
the change is promptly notified in writing to the Insurer or its local
agent, and the Insurer when so notified may return the unearned portion,
if any, of the premium paid and cancel the contract, or may notify the
Insured in writing that, if he desires the contract to continue in force,
he must, within fifteen days of the receipt of the notice, pay to the Insurer
an additional premium, and in default of such payment the contract is no
longer in force and the Insurer shall return the unearned portion, if any,
of the premium paid.
Termination
5. (1) This contract may be terminated
(a)
by the Insurer giving to the Insured fifteen days' notice of termination
by registered mail or five days written notice 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 actually paid by the Insured
over pro rata premium for the expired time, but, in no event, shall the
pro rata premium for the expired time be deemed to be less than any minimum
retained premium specified; and
(b)
the refund shall accompany the notice unless the premium is subject to
adjustment or determination as to amount, in which case the refund shall
be made as soon as practicable.
(3) Where this contract is terminated
by the Insured, the Insurer shall refund as soon as practicable the excess
of premium actually paid by the Insured over the short rate premium for
the expired time, but in no event shall the short rate premium for the
expired time be deemed to be less than any minimum retained premium specified.
(4) The refund may be made by money,
postal or express company money order or cheque payable at par.
(5) The fifteen days mentioned in clause
(a) of sub-condition (1) of this condition commences to run on the day
following the receipt of the registered letter at the post office to which
it is addressed.
Requirements After Loss
6. (1) Upon the occurrence of any loss of or damage
to the insured property, the Insured shall, if the loss or damage is covered
by the contract, in addition to observing the requirements of conditions
9, 10 and 11,
(a)
forthwith give notice thereof in writing to the Insurer;
(b)
deliver as soon as practicable to the Insurer a proof of loss verified
by a statutory declaration;
(i)
giving a complete inventory of the destroyed and damaged property and showing
in detail quantities, costs, actual cash value and particulars of amount
of loss claimed;
(ii)
stating when and how the loss occurred, and if caused by fire or explosion
due to ignition, how the fire or explosion originated, so far as the Insured
knows or believes;
(iii)
stating that the loss did not occur through any willful act or neglect
or the procurement, means or connivance of the insured;
(iv)
showing the amount of the other insurances and the names of other insurers;
(v)
showing the interest of the insured and of all others in the property with
particulars of all liens, encumbrances and other charges upon the property;
(vi)
showing any changes in title, use, occupation, location, possession or
exposures of the property since the issue of the contract;
(vii)
showing the place where the property insured was at the time of loss;
(c)
if required, give a complete inventory of undamaged property and showing
in detail quantities, cost, actual cash value;
(d)
if required and if practicable, produce books of account, warehouse receipts
and stock lists, and furnish invoices and other vouchers verified by statutory
declaration, and furnish a copy of the written portion of any other contract.
(2) The evidence furnished under clauses
(c) and (d) of sub-paragraph (1) of the condition shall not be considered
proofs of loss within the meaning of conditions 12 and 13
Fraud
7. Any fraud or willfully false statement in a statutory declaration
in relation to any of the above particulars, vitiates the claim of the
person making the declarations.
Who May Give Notice And Proof
8. Notice of loss may be given and proof of loss may be made by the
agent of the Insured named in the contract in case of absence or inability
of the Insured to give the notice or make the proof, and absence or inability
being satisfactorily accounted for, or in the like case or if the insured
refuses to do so, by a person to whom any part of the insurance money is
payable.
Salvage
9. (1) The Insured, in the event of any loss or damage
to any property insured under the contract, shall take all reasonable steps
to prevent further damage to such property so damaged and to prevent damage
to other property insured hereunder including, if necessary, its removal
to prevent damage or further damage thereto.
(2) The Insurer shall contribute pro
rata towards any reasonable and proper expenses in connection with steps
taken by the Insured and required under sub-paragraph (1) of this condition
according to the respective interests of the parties.
Entry, Control, Abandonment
10. After loss or damage to insured property, the Insurer has an immediate
right of access and entry by accredited agents sufficient to enable them
to survey and examine the property, and to make an estimate of the loss
or damage, and, after the Insured has secured the property, a further right
of access and entry sufficient to enable them to make appraisement or particular
estimate of the loss or damage, but the Insurer is not entitled to the
control or possession of the insured property, and without the consent
of the Insurer there can be no abandonment to it of insured property.
Appraisal
11. In the event of disagreement as to the value of the property insured,
the property saved or the amount of the loss, those questions shall be
determined by appraisal as provided under The Insurance Act before there
can be any recovery under this contract whether the right to recover on
the contract is disputed or not, and independently of all other questions.
There shall be no right to an appraisal until a specific demand therefore
is made in writing and until after proof of loss has been delivered.
When Loss Payable for
12. The loss is payable within sixty days after completion of the proof
of loss, unless the contract provides for a shorter period.
Replacement
13. (1) The Insurer, instead of making payment, may repair, rebuild,
or replace the property damaged or lost, giving written notice of its intention
so to do within thirty days after receipt of the proofs of loss.
(2) In the event the Insurer shall
commence to so repair, rebuild, or replace the property within forty-five
days after receipt of the proofs of loss, and shall thereafter proceed
with all due diligence to the completion thereof.
Action
14. Every action or proceeding against the Insurer for the recovery
of any claim under or by virtue of this contract is absolutely barred unless
commenced within one year next after the loss or damage occurs.
Notice
15. Any written notice to the Insurer may be delivered at, or sent
by registered mail to, the chief agency or head office of the Insurer in
the Province. Written notice may be given to the insured named in the contract
by letter personally delivered to him or by registered mail addressed to
him at his latest post office address as notified to the Insurer. In this
condition, the expression "registered" means registered in or
outside Canada.