hordruma/ontario_laws_and_regs huggingface dataset:
PART IV FIRE INSURANCE
Contents of policy
175 (1) This section does not apply to, (a)  a contract of group insurance; (b)  a contract of creditor’s group insurance; or (c)  a contract made by a fraternal society. R.S.O. 1990, c. I.8, s. 175 (1). Same (2) An insurer shall include the following information in the policy: 1.  The name or a sufficient description of the insured and of the person whose life is insured. 2.  The amount, or the method of determining the amount, of the insurance money payable, and the conditions under which it becomes payable. 3.  The amount, or the method of determining the amount, of the premium and the period of grace, if any, within which it may be paid. 4.  Whether the contract provides for participation in a distribution of surplus or profits that may be declared by the insurer. 5.  The conditions upon which the contract may be reinstated if it lapses. 6.  The options, if any, (a)  of surrendering the contract for cash; (b)  of obtaining a loan or an advance payment of the insurance money; and (c)  of obtaining paid-up or extended insurance. 7.  The following statement: Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002. R.S.O. 1990, c. I.8, s. 175 (2); 2013, c. 2, Sched. 8, s. 6. Notice re restriction on designations (3) If a policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable, the front page of the policy must include the following statement in conspicuous bold type: This policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable. 2012, c. 8, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 11 - 01/07/2016 2013, c. 2, Sched. 8, s. 6 (1, 2) - 01/07/2016
PART IV FIRE INSURANCE
Contents of group policy
176 In the case of a contract of group insurance or of creditor’s group insurance, an insurer shall include the following information in the policy: 1.  The name or a sufficient description of the insured. 2.  The method of determining the persons whose lives are insured. 3.  The amount, or the method of determining the amount, of the insurance money payable, and the conditions under which it becomes payable. 4.  The period of grace, if any, within which the premium may be paid. 5.  Whether the contract provides for participation in a distribution of surplus or profits that may be declared by the insurer. 6.  In the case of a contract of group insurance, any provision removing or restricting the right of a group life insured to designate persons to whom or for whose benefit insurance money is to be payable. 7.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group life insured under the replaced contract, whether a designation of a group life insured, a group life insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract. 8.  The following statement: Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002. R.S.O. 1990, c. I.8, s. 176; 2012, c. 8, Sched. 23, s. 12; 2013, c. 2, Sched. 8, s. 7. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 12 - 01/07/2016 2013, c. 2, Sched. 8, s. 7 - 01/07/2016
PART IV FIRE INSURANCE
Contents of group certificate
177 (1) In the case of a contract of group insurance or of creditor’s group insurance, an insurer shall issue, for delivery by the insured to each group life insured or debtor insured, a certificate or other document which shall include the following information: 1.  The name of the insurer and a sufficient identification of the contract. 2.  The amount, or the method of determining the amount, of insurance on, i.  the group life insured and on any person whose life is insured under the contract as a person dependent upon or related to the group life insured, or ii.  the debtor insured. 3.  The circumstances in which the insurance terminates and the rights, if any, upon such termination, of, i.  the group life insured and of any person whose life is insured under the contract as a person dependent upon or related to the group life insured, or ii.  the debtor insured. 4.  In the case of a contract of group insurance that contains a provision removing or restricting the right of the group life insured to designate persons to whom or for whose benefit insurance money is to be payable, i.  the method of determining the persons to whom or for whose benefit the insurance money is or may be payable, and ii.  the following statement in conspicuous bold type: This policy contains a provision removing or restricting the right of the group life insured to designate persons to whom or for whose benefit insurance money is to be payable. 5.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group life insured under the replaced contract, whether a designation of a group life insured, a group life insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract. 6.  The rights of the group life insured, debtor insured or a claimant under the contract to obtain copies of documents under subsection 174 (5) or (6). 7.  The following statement: Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002. 2012, c. 8, Sched. 23, s. 13; 2013, c. 2, Sched. 8, s. 8. Exception — blanket insurance (2) This section does not apply to a contract of blanket insurance.  2012, c. 8, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 13 - 01/07/2016 2013, c. 2, Sched. 8, s. 8 - 01/07/2016 Conditions Governing Formation of Contract
PART IV FIRE INSURANCE
Insurable interest required
178 (1) Subject to subsection (2), where at the time a contract would otherwise take effect the insured has no insurable interest, the contract is void. R.S.O. 1990, c. I.8, s. 178 (1). Exceptions (2) A contract is not void for lack of insurable interest, (a)  if it is a contract of group insurance; or (b)  if the person whose life is insured has consented in writing to the insurance being placed on his or her life. R.S.O. 1990, c. I.8, s. 178 (2). Consent of minor (3) Where the person whose life is insured is under the age of sixteen years, consent to insurance being placed on the person’s life may be given by one of his or her parents or by a person standing in the role of parent to him or her. R.S.O. 1990, c. I.8, s. 178 (3); 2021, c. 4, Sched. 11, s. 19. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 19 - 19/04/2021
PART IV FIRE INSURANCE
Insurable interest, defined
179 Without restricting the meaning of “insurable interest”, a person, in this section called the “primary person”, has an insurable interest, (a)  in the case of a primary person who is a natural person, in his or her own life and in the lives of, (i)  the primary person’s child or grandchild, (ii)  the primary person’s spouse, (iii)  a person on whom the primary person is wholly or partly dependent for, or from whom the primary person is receiving, support or education, (iv)  the primary person’s employee, and (v)  a person in the duration of whose life the primary person has a pecuniary interest; and (b)  in the case of a primary person that is not a natural person, in the lives of, (i)  a director, officer or employee of the primary person, and (ii)  a person in the duration of whose life the primary person has a pecuniary interest.  2012, c. 8, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 31 (2) - 01/03/2000 2005, c. 5, s. 35 (3) - 09/03/2005 2012, c. 8, Sched. 23, s. 14 - 01/07/2016 Termination of contract by court
PART IV FIRE INSURANCE
Application to court
179.1 (1) A person may make an application to the court if, (a)  the person’s life is insured under a contract; (b)  the person is not the insured under the contract; and (c)  the person reasonably believes that the person’s life or health might be endangered by the insurance on his or her life continuing under that contract.  2012, c. 8, Sched. 23, s. 15. Court order (2) Upon an application being made under subsection (1), the court may make any order it considers just in the circumstances, including, (a)  an order that the insurance on that person’s life under the contract be terminated in accordance with the terms of the contract other than any terms respecting notice of termination; and (b)  an order that the amount of insurance under the contract on that person’s life be reduced.  2012, c. 8, Sched. 23, s. 15. Notice (3) An application under subsection (1) must be made on at least 30 days notice to the insured, the beneficiary, the insurer and any other person the court considers to have an interest in the contract.  2012, c. 8, Sched. 23, s. 15. Same (4) Despite subsection (3), if the court considers it just to do so, it may dispense with the notice to a person other than, (a)  the insurer; or (b)  if the contract is a contract of group insurance or of creditor’s group insurance, the insured. 2020, c. 34, Sched. 7, s. 4. Who is bound by order (5) An order made under subsection (2) binds any person having an interest in the contract.  2012, c. 8, Sched. 23, s. 15. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 15 - 01/07/2016 2020, c. 34, Sched. 7, s. 4 - 08/12/2020
PART IV FIRE INSURANCE
Contract taking effect
180 (1) Subject to any provision to the contrary in the application or the policy, a contract does not take effect unless, (a)  the policy is delivered to an insured, the insured’s assign or agent, or to a beneficiary; (b)  payment of the initial premium is made to the insurer or its authorized agent; and (c)  no change has taken place in the insurability of the life to be insured between the time the application was completed and the time the policy was delivered. R.S.O. 1990, c. I.8, s. 180 (1); 2013, c. 2, Sched. 8, s. 9. Delivery to agent (2) Where a policy is issued on the terms applied for and is delivered to an agent of the insurer for unconditional delivery to a person referred to in clause (1) (a), it shall be deemed, but not to the prejudice of the insured, to have been delivered to the insured.  R.S.O. 1990, c. I.8, s. 180 (2). Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 9 - 01/07/2016
PART IV FIRE INSURANCE
Default in paying premium
181 (1) Where a cheque or other bill of exchange, or a promissory note or other written promise to pay, is given for the whole or part of a premium and the cheque, bill of exchange or promissory note is not honoured according to its tenor, the premium or part thereof shall be deemed not to have been paid. R.S.O. 1990, c. I.8, s. 181 (1); 2012, c. 8, Sched. 23, s. 16. Payment by registered letter (2) Where a remittance for or on account of a premium is sent in a registered letter to an insurer and is received by it, the remittance shall be deemed to have been received at the time of the registration of the letter. R.S.O. 1990, c. I.8, s. 181 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 16 - 01/07/2016 Payment of premium
PART IV FIRE INSURANCE
Who may pay premium
182 (1) Except in the case of group insurance or of creditor’s group insurance, an assignee of a contract, a beneficiary or a person acting on behalf of one of them or on behalf of the insured may pay any premium that the insured is entitled to pay.  2012, c. 8, Sched. 23, s. 17 (1). Period of grace (2) Where a premium, other than the initial premium, is not paid at the time it is due, the premium may be paid within a period of grace of, (a)  thirty days; or (b)  the number of days, if any, specified in the contract for payment of an overdue premium, whichever is the longer period. R.S.O. 1990, c. I.8, s. 182 (2); 2020, c. 34, Sched. 7, s. 5. Contract in force during grace period (3) Where the happening of the event upon which the insurance money becomes payable occurs during the period of grace and before the overdue premium is paid, the contract shall be deemed to be in effect as if the premium had been paid at the time it was due and, except in the case of group insurance or of creditor’s group insurance, the amount of the premium may be deducted from the insurance money.  2012, c. 8, Sched. 23, s. 17 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 17 (1, 2) - 01/07/2016 2020, c. 34, Sched. 7, s. 5 - 08/12/2020
PART IV FIRE INSURANCE
Duty to disclose
183 (1) An applicant for insurance and a person whose life is to be insured shall each disclose to the insurer in the application, on a medical examination, if any, and in any written statements or answers furnished as evidence of insurability, every fact within the person’s knowledge that is material to the insurance and is not so disclosed by the other. R.S.O. 1990, c. I.8, s. 183 (1). Failure to disclose (2) Subject to section 184 and subsection (3) of this section, a failure to disclose, or a misrepresentation of, such a fact renders the contract voidable by the insurer. R.S.O. 1990, c. I.8, s. 183 (2); 2012, c. 8, Sched. 23, s. 18 (1). Failure to disclose, application for change, etc., in contract (3) A failure to disclose, or a misrepresentation of, a fact referred to in subsection (1) relating to evidence of insurability with respect to the following kinds of applications renders the contract voidable by the insurer, but only in relation to the addition, increase or change applied for: 1.  For additional coverage under a contract. 2.  For an increase in insurance under a contract. 3.  For any other change to insurance after the policy is issued.  2012, c. 8, Sched. 23, s. 18 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 18 (1, 2) - 01/07/2016
PART IV FIRE INSURANCE
Exceptions
184 (1) This section does not apply to, (a)  a misstatement of age of a person whose life is insured; or (b)  insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease.  2002, c. 18, Sched. H, s. 4 (23); 2012, c. 8, Sched. 23, s. 19 (1). Incontestability, general (2) Subject to subsection (3), where a contract, or an addition, increase or change referred to in subsection 183 (3) has been in effect for two years during the lifetime of the person whose life is insured, a failure to disclose or a misrepresentation of a fact required to be disclosed by section 183 does not, in the absence of fraud, render the contract voidable. R.S.O. 1990, c. I.8, s. 184 (2); 2012, c. 8, Sched. 23, s. 19 (2). Incontestability in group insurance, creditor’s group insurance (3) In the case of a contract of group insurance or of creditor’s group insurance, a failure to disclose, or a misrepresentation of, such a fact in respect of a person whose life is insured under the contract does not render the contract voidable, but, (a)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for the insurance in respect of the person, the insurance in respect of that person is voidable by the insurer; and (b)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for an addition, increase or change referred to in subsection 183 (3) in respect of the person, the addition, increase or change in respect of that person is voidable by the insurer, unless the insurance, addition, increase or change has been in effect for two years during the lifetime of that person, in which case the insurance, addition, increase or change is not, in the absence of fraud, voidable.  2012, c. 8, Sched. 23, s. 19 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (23) - 30/04/2007 2012, c. 8, Sched. 23, s. 19 (1-3) - 01/07/2016
PART IV FIRE INSURANCE
Non-disclosure by insurer
185 Where an insurer fails to disclose or misrepresents a fact material to the insurance, the contract is voidable by the insured, but, in the absence of fraud, the contract is not by reason of such failure or misrepresentation voidable after the contract has been in effect for two years.  R.S.O. 1990, c. I.8, s. 185.
PART IV FIRE INSURANCE
Insurable age
186 (1) This section does not apply to a contract of group insurance or of creditor’s group insurance. Misstatement of age (2) Subject to subsection (3), where the age of a person whose life is insured is misstated to the insurer, the insurance money provided by the contract shall be increased or decreased to the amount that would have been provided for the same premium at the correct age. Limitation of insurable age (3) Where a contract limits the insurable age and the correct age of the person whose life is insured at the date of the application exceeds the age so limited, the contract is, during the lifetime of that person but not later than five years from the date the contract takes effect, voidable by the insurer within sixty days after it discovers the error.  R.S.O. 1990, c. I.8, s. 186.
PART IV FIRE INSURANCE
Misstatement of age in group insurance
187 In the case of a contract of group insurance or of creditor’s group insurance, a misstatement to the insurer of the age of a person whose life is insured does not of itself render the contract voidable, and the provisions, if any, of the contract with respect to age or misstatement of age apply.  R.S.O. 1990, c. I.8, s. 187.
PART IV FIRE INSURANCE
Effect of suicide
188 (1) Where a contract contains an undertaking, express or implied, that insurance money will be paid if a person whose life is insured commits suicide, the undertaking is lawful and enforceable. Suicide and reinstatement (2) Where a contract provides that in case a person whose life is insured commits suicide within a certain period of time the contract is void or the amount payable under it is reduced, if the contract lapses and is subsequently reinstated on one or more occasions, the period of time commences to run from the date of the latest reinstatement.  R.S.O. 1990, c. I.8, s. 188.
PART IV FIRE INSURANCE
Reinstatement
189 (1) This section does not apply to a contract of group insurance or of creditor’s group insurance or to a contract made by a fraternal society. R.S.O. 1990, c. I.8, s. 189 (1); 2012, c. 8, Sched. 23, s. 20 (1). Reinstatement on payment of premium after grace period (1.1) Where
a contract lapses at the end of a period of grace because a premium due at the beginning of the period of grace was not paid, the contract may be reinstated by payment of the overdue premium within a further period of 30 days after the end of the period of grace, but only if the person whose life was insured under the contract is alive at the time payment is made.  2012, c. 8, Sched. 23, s. 20 (2). Reinstatement following up to 2 years lapse (2) Where a contract lapses and is not reinstated under subsection (1.1), the insurer shall reinstate it if, within two years of the date the contract lapsed, the insured, (a)  applies for the reinstatement; (b)  pays to the insurer all overdue premiums and other indebtedness under the contract together with interest not exceeding the prejudgment interest rate determined under subsection 127 (2) of the Courts of Justice Act;
and (c)  produces evidence satisfactory to the insurer of the good health and insurability of the person whose life was insured.  2012, c. 8, Sched. 23, s. 20 (3). Exceptions (3) Subsections (1.1) and (2) do not apply where the cash surrender value has been paid or an option of taking paid-up or extended insurance has been exercised. R.S.O. 1990, c. I.8, s. 189 (3); 2012, c. 8, Sched. 23, s. 20 (4). Application of other sections (4) Sections 183 and 184 apply with necessary modifications to reinstatement of a contract. R.S.O. 1990, c. I.8, s. 189 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 20 (1-4) - 01/07/2016 Termination and replacement of group contract
PART IV FIRE INSURANCE
Designation of beneficiary irrevocably
191 (1) An insured may in a contract, or by a declaration other than a declaration that is part of a will, filed with the insurer at its head or principal office in Canada during the lifetime of the person whose life is insured, designate a beneficiary irrevocably, and in that event the insured, while the beneficiary is living, may not alter or revoke the designation without the consent of the beneficiary and the insurance money is not subject to the control of the insured, is not subject to the claims of the insured’s creditor and does not form part of the insured’s estate. R.S.O. 1990, c. I.8, s. 191 (1); 2013, c. 2, Sched. 8, s. 10. Attempted designation (2) Where the insured purports to designate a beneficiary irrevocably in a will or in a declaration that is not filed as provided in subsection (1), the designation has the same effect as if the insured had not purported to make it irrevocable.  R.S.O. 1990, c. I.8, s. 191 (2). Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 10 - 01/07/2016 Designation in will, etc.
PART IV FIRE INSURANCE
Designation in invalid will
192 (1) A designation in an instrument purporting to be a will is not ineffective by reason only of the fact that the instrument is invalid as a will or that the designation is invalid as a bequest under the will. Priorities (2) Despite the Succession Law Reform Act, a designation in a will is of no effect against a designation made later than the making of the will. Revocation (3) Where a designation is contained in a will, if subsequently the will is revoked by operation of law or otherwise, the designation is thereby revoked. Idem (4) Where a designation is contained in an instrument that purports to be a will, if subsequently the instrument if valid as a will would be revoked by operation of law or otherwise, the designation is thereby revoked.  R.S.O. 1990, c. I.8, s. 192.
PART IV FIRE INSURANCE
Trustee for beneficiary
193 (1) An insured may in a contract or by a declaration appoint a trustee for a beneficiary and may alter or revoke the appointment by a declaration. Payment to trustee (2) A payment made by an insurer to a trustee for a beneficiary discharges the insurer to the extent of the payment.  R.S.O. 1990, c. I.8, s. 193. Beneficiary’s share of insurance money