PART VI AUTOMOBILE INSURANCE
Uninsured automobile coverage
265 (1) Every contract evidenced by a motor vehicle liability policy shall provide for payment of all sums that, (a)  a person insured under the contract is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile; (b)  any person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the contract resulting from an accident involving an automobile; and (c)  a person insured under the contract is legally entitled to recover from the identified owner or driver of an uninsured automobile as damages for accidental damage to the insured automobile or its contents, or to both the insured automobile and its contents, resulting from an accident involving an automobile, subject to the terms, conditions, provisions, exclusions and limits as are prescribed by the regulations.  R.S.O. 1990, c. I.8, s. 265 (1). Definitions (2) For the purposes of this section, “insured automobile” means the automobile as defined or described under the contract; (“automobile assurée”) “owner” includes, in respect of an accident occurring on or after the day this definition comes into force, a person who is a lessee for the purposes of section 192 of the Highway Traffic Act; (“propriétaire”) “person insured under the contract” means, (a)  in respect of a claim for damage to the insured automobile, the owner of the automobile, (b)  in respect of a claim for damage to the contents of the insured automobile, the owner of the contents, (c)  in respect of a claim for bodily injuries or death, (i)  any person while an occupant of the insured automobile, (ii)  the insured and his or her spouse and any dependent relative of either, (A)  while an occupant of an uninsured automobile, or (B)  while not the occupant of an automobile or of railway rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile, (iii)  if the insured is a corporation, unincorporated association or partnership, any director, officer, employee or partner of the insured for whose regular use the insured automobile is furnished, and his or her spouse and any dependent relative of the person or the spouse, (A)  while an occupant of an uninsured automobile, or (B)  while not the occupant of an automobile or of railway rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile, where such director, officer, employee or partner or his or her spouse is not the owner of an automobile insured under a contract; (“personne assurée aux termes du contrat”) “unidentified automobile” means an automobile with respect to which the identity of either the owner or driver cannot be ascertained; (“automobile non identifiée”) “uninsured automobile” means an automobile with respect to which neither the owner nor driver thereof has applicable and collectible bodily injury liability and property damage liability insurance for its ownership, use or operation, but does not include an automobile owned by or registered in the name of the insured or his or her spouse. (“automobile non assurée”)  R.S.O. 1990, c. I.8, s. 265 (2); 1999, c. 6, s. 31 (7, 8); 2005, c. 5, s. 35 (11, 12); 2005, c. 31, Sched. 12, s. 2; 2016, c. 23, s. 55 (2, 3). Exclusion from coverage (3) Despite the definition of “person insured under the contract” in subsection (2), a person who sustains loss or damage while the insured automobile is being used or operated by an excluded driver shall be deemed not to be a person insured under the contract in which the excluded driver is named, except as provided in the Statutory Accident Benefits Schedule.  R.S.O. 1990, c. I.8, s. 265 (3); 1993, c. 10, s. 1. Idem (4) Where a dependent relative referred to in clause (c) of the definition of “person insured under the contract” in subsection (2), (a)  is the owner of an automobile insured under a contract; or (b)  sustains bodily injuries or dies as the result of accident while the occupant of his or her own uninsured automobile, such relative shall be deemed not to be a dependent relative for the purposes of this section.  R.S.O. 1990, c. I.8, s. 265 (4); 2016, c. 23, s. 55 (4). Regulations (5) The Lieutenant Governor in Council may make regulations, (a)  prescribing, amending or altering the terms, conditions, provisions, exclusions and limits with respect to payments under subsection (1); (b)  deeming any term, condition, provision, exclusion or limit as prescribed, amended or altered by a regulation made under clause (a) to be included in any motor vehicle liability policy made or renewed on or after the effective date of the regulation and in any motor vehicle liability policy that is subsisting on the effective date of the regulation; (c)  requiring that terms, conditions, provisions, exclusions and limits, as prescribed, amended or altered by a regulation made under clause (a), be attached to or included in every motor vehicle liability policy as a schedule in or to the policy.  R.S.O. 1990, c. I.8, s. 265 (5). Subrogation (6) Where an amount is paid under subsection (1), the insurer is subrogated to the rights of the person to whom such amount is paid and the insurer may maintain an action in its name or in the name of such person against any other person or persons responsible for the use or operation of the uninsured or unidentified automobile.  R.S.O. 1990, c. I.8, s. 265 (6). Restriction on recovery (7) No person has a right of action against any other person in respect of damage to an uninsured automobile or its contents arising directly or indirectly from the use or operation of an automobile if at the time of the damage the uninsured automobile was required by any Act to be insured under a contract evidenced by a motor vehicle liability policy.  R.S.O. 1990, c. I.8, s. 265 (7). Release (8) A release under section 274 does not enure to the benefit of any person against whom the insurer may subrogate under subsection (6).  R.S.O. 1990, c. I.8, s. 265 (8). Application (9) This section applies to all contracts evidenced by motor vehicle liability policies made or renewed on or after the 1st day of March, 1980, and all contracts evidenced by motor vehicle liability policies that were subsisting on the 1st day of March, 1980, shall be deemed to provide for the payments referred to in subsection (1) in respect of an accident arising out of the use or operation of an automobile occurring on or after that date.  R.S.O. 1990, c. I.8, s. 265 (9). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994; 1999, c. 6, s. 31 (7, 8) - 01/03/2000 2005, c. 5, s. 35 (11, 12) - 09/03/2005; 2005, c. 31, Sched. 12, s. 2 - 01/03/2006 2016, c. 23, s. 55 (2-4)
- 01/01/2017 266 Repealed: 2020, c. 34, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994; 1996, c. 21, s. 26 - 01/11/1996 2020, c. 34, Sched. 7, s. 8 - 01/07/2022 267 Repealed: 2020, c. 34, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 1993, c. 10, ss. 1, 24 - 01/01/1994; 1996, c. 21, s. 27 - 01/11/1996; 1997, c. 16, s. 9 (1-3) - 01/01/1998 2020, c. 34, Sched. 7, s. 8 - 01/07/2022 267.1 Repealed: 2020, c. 34, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 25 - 01/01/1994; 1996, c. 21, s. 28 (1, 2) - 01/11/1996 2020, c. 34, Sched. 7, s. 8 - 01/07/2022