hordruma/ontario_laws_and_regs huggingface dataset:
PART IV FIRE INSURANCE
Beneficiary predeceasing life insured
194 (1) Where a beneficiary predeceases the person whose life is insured, and no disposition of the share of the deceased beneficiary in the insurance money is provided in the contract or by a declaration, the share is payable, (a)  to the surviving beneficiary; or (b)  if there is more than one surviving beneficiary, to the surviving beneficiaries in equal shares; or (c)  if there is no surviving beneficiary, to the insured or the insured’s personal representative. R.S.O. 1990, c. I.8, s. 194 (1). Several beneficiaries (2) Where two or more beneficiaries are designated otherwise than alternatively, but no division of the insurance money is made, the insurance money is payable to them in equal shares. R.S.O. 1990, c. I.8, s. 194 (2). Disclaimer by beneficiary (3) A beneficiary may disclaim the beneficiary’s right to insurance money by filing notice in writing with the insurer at its head or principal office in Canada.  2012, c. 8, Sched. 23, s. 23. Same (4) A notice of disclaimer filed under subsection (3) is irrevocable.  2012, c. 8, Sched. 23, s. 23. Same (5) Subsection (1) applies in the case of a disclaiming beneficiary or in the case of a beneficiary determined by a court to be disentitled to insurance money as if the disclaiming or disentitled beneficiary died before the person whose life is insured.  2012, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 23 - 01/07/2016
PART IV FIRE INSURANCE
Right to sue
195 A beneficiary may enforce for the beneficiary’s own benefit, and a trustee appointed pursuant to section 193 may enforce as trustee, the payment of insurance money made payable to him, her or it in the contract or by a declaration and in accordance with the provisions thereof, but the insurer may set up any defence that it could have set up against the insured or the insured’s personal representative.  R.S.O. 1990, c. I.8, s. 195. Insurance money free from other claims, etc.
PART IV FIRE INSURANCE
Claims by creditors
196 (1) Where a beneficiary is designated, the insurance money, from the time of the happening of the event upon which the insurance money becomes payable, is not part of the estate of the insured and is not subject to the claims of the creditors of the insured.  R.S.O. 1990, c. I.8, s. 196 (1). Contract exempt from seizure (2) While a designation in favour of a spouse, child, grandchild or parent of a person whose life is insured, or any of them, is in effect, the rights and interests of the insured in the insurance money and in the contract are exempt from execution or seizure.  R.S.O. 1990, c. I.8, s. 196 (2); 1999, c. 6, s. 31 (3); 2005, c. 5, s. 35 (4); 2021, c. 4, Sched. 11, s. 19. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 31 (3) - 01/03/2000 2005, c. 5, s. 35 (4) - 09/03/2005 2021, c. 4, Sched. 11, s. 19 - 19/04/2021 Dealings with Contract During Lifetime of Insured
PART IV FIRE INSURANCE
Insured dealing with contract
197 (1) Where a beneficiary, (a)  is not designated irrevocably; or (b)  is designated irrevocably but has attained the age of eighteen years and consents, the insured may assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as provided therein or in this Part or as may be agreed upon with the insurer.  R.S.O. 1990, c. I.8, s. 197. Where there is irrevocable designation of beneficiary, who does not consent (2) Despite subsection 191 (1), where a beneficiary is designated irrevocably and has not consented as described in clause (l) (b), the insured may exercise any rights in respect of the contract that are prescribed by Authority rule.  2012, c. 8, Sched. 23, s. 24; 2016, c. 37, Sched. 10, s. 1; 2017, c. 34, Sched. 21, s. 16. Same (3) Subject to the terms of a consent under clause (l) (b) or an order of the court under subsection (4), where there is an irrevocable designation of a beneficiary under a contract, a person acquiring an interest in the contract takes that interest subject to the rights of that beneficiary.  2012, c. 8, Sched. 23, s. 24. Application to court (4) When a beneficiary who is designated irrevocably is unable to provide consent under clause (1) (b) because of legal incapacity, an insured may apply to the court for an order permitting the insured to deal with the contract without that consent.  2012, c. 8, Sched. 23, s. 24. Same (5) The court may grant an order under subsection (4) on any notice and terms it considers just.  2012, c. 8, Sched. 23, s. 24. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 24 - 01/07/2016 2016, c. 37, Sched. 10, s. 1 - 08/12/2016 2017, c. 34, Sched. 21, s. 16 - 08/06/2019 CTS 04 SE 18 - 1
PART IV FIRE INSURANCE
Insured entitled to dividends
198 (1) Despite the designation of a beneficiary irrevocably, the insured is entitled while living to the dividends or bonuses declared on a contract, unless the contract otherwise provides. Insurer may use dividends (2) Unless the insured otherwise directs, the insurer may apply the dividends or bonuses declared on the contract for the purpose of keeping the contract in force.  R.S.O. 1990, c. I.8, s. 198.
PART IV FIRE INSURANCE
Transfer of ownership
199 (1) Despite the Succession Law Reform Act, where in a contract or declaration it is provided that a person named in the contract or declaration has, on the death of the insured, the rights and interests of the insured in the contract, (a)  the rights and interests of the insured in the contract do not, on the death of the insured, form part of the insured’s estate; and (b)  on the death of the insured, the person named in the contract or declaration has the rights and interests given to the insured by the contract and by this Part and shall be deemed to be the insured.  2012, c. 8, Sched. 23, s. 25. Successive owners (2) Where the contract or declaration provides that two or more persons named in the contract or declaration shall, on the death of the insured, have successively, on the death of each of them, the rights and interests of the insured in the contract, this section applies successively, with necessary modifications, to each of such persons and to his or her rights and interests in the contract.  2012, c. 8, Sched. 23, s. 25. Saving (3) Despite any nomination made pursuant to this section, the insured may, before his or her death, (a)  assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as if the nomination had not been made; and (b)  subject to the terms of the contract, alter or revoke the nomination by declaration.  2012, c. 8, Sched. 23, s. 25. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 25 - 01/07/2016 Effect of assignment
PART IV FIRE INSURANCE
Interest of assignee
200 (1) Where an assignee of a contract gives notice in writing of the assignment to the insurer at its head or principal office in Canada, the assignee has priority of interest as against, (a)  any assignee other than one who gave notice earlier in like manner; and (b)  a beneficiary other than one designated irrevocably as provided in section 191 prior to the time the assignee gave notice to the insurer of the assignment in the manner prescribed in this subsection. R.S.O. 1990, c. I.8, s. 200 (1). Effect on beneficiary’s rights (2) Where a contract is assigned as security, the rights of a beneficiary under the contract are affected only to the extent necessary to give effect to the rights and interests of the assignee. R.S.O. 1990, c. I.8, s. 200 (2). Assignee deemed to be insured (3) Where a contract is assigned unconditionally and otherwise than as security, the assignee has all the rights and interests given to the insured by the contract and by this Part and shall be deemed to be the insured. R.S.O. 1990, c. I.8, s. 200 (3). Effect on designation of beneficiary, transfer of ownership (3.1) Unless the document by which the contract is assigned specifies otherwise, an assignment described in subsection (3) made on or after the date this section comes into force revokes, (a)  a designation of a beneficiary made before or after that date and not made irrevocably; and (b)  a nomination referred to in section 199 made before or after that date.  2012, c. 8, Sched. 23, s. 26 (1). Prohibition against assignment (4) A contract may provide that the rights or interests of the insured or, in the case of a contract of group insurance or of creditor’s group insurance, of the group life insured or debtor insured, as the case may be, are not assignable.  2012, c. 8, Sched. 23, s. 26 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 26 (1, 2) - 01/07/2016
PART IV FIRE INSURANCE
Enforcement of right re creditor’s group insurance
201.1 (1) A debtor insured or a debtor who is jointly liable for the debt with the debtor insured may enforce in his or her own name the creditor’s rights in respect of a claim arising in relation to the debtor insured, subject to any defence available to the insurer against the creditor or debtor insured.  2012, c. 8, Sched. 23, s. 27. Insurer to pay creditor (2) Subject to subsection (3), where an insurer pays insurance money in respect of a claim under subsection (1), the insurer shall pay the insurance money to the creditor.  2012, c. 8, Sched. 23, s. 27. Insurer may pay excess above debt to debtor insured (3) Where
the debtor insured provides evidence satisfactory to the insurer that the insurance money exceeds the debt then owing to the creditor, the insurer may pay the excess directly to that debtor insured.  2012, c. 8, Sched. 23, s. 27. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 27 - 01/07/2016
PART IV FIRE INSURANCE
Limits on amounts held, tax exempt
201.2 (1) The maximum amount of funds held in a side account associated with an exempt policy shall not exceed the sum of, (a)  the funds required to pay future costs of insurance, related premium taxes and administrative fees or charges; and (b)  any additional funds that could, in the future, be eligible to be held in the exempt policy. 2020, c. 36, Sched. 22, s. 5. Exception (2) If, on the day this section comes into force, a side account holds an amount of funds in excess of the maximum amount permitted under subsection (1), the following rules apply: 1.  No amount is required to be refunded in respect of the funds held in excess. 2.  No additional funds may be added to the account until the amount of funds held in the side account is below the maximum amount permitted under subsection (1). 3.  Once the amount of funds held in the side account is below the maximum amount permitted under subsection (1), that limit applies in respect of the side account. 2020, c. 36, Sched. 22, s. 5. Limits on amounts held, not tax exempt (3) The maximum amount of funds held in any account or side account associated with a life insurance contract that does not include an exempt policy shall not exceed the funds required to pay future costs of insurance, related premium taxes and administrative fees or charges. 2020, c. 36, Sched. 22, s. 5. Permitted amounts held, ceases to be tax exempt (4) The maximum amount of funds held in a side account associated with a life insurance contract that ceases to include an exempt policy shall not exceed the sum of, (a)  the funds required to pay future costs of insurance, related premium taxes and administrative fees or charges; and (b)  any additional funds that, on the day before the policy ceased to be an exempt policy, could have, in the future, been eligible to be held in the exempt policy if the policy had not ceased to be exempt. 2020, c. 36, Sched. 22, s. 5. Determination of amounts (5) The amounts described in clauses (1) (a) and (b), subsection (3) and clauses (4) (a) and (b) may be determined, from time to time, by the insurer on an actuarial basis based on the expected remaining lifetime of the persons insured under the contract. 2020, c. 36, Sched. 22, s. 5. Non-application to annuities and variable contracts (6) This section does not apply to any annuity deemed to be life insurance under this Act or any variable insurance contract within the meaning of section 110. 2020, c. 36, Sched. 22, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 22, s. 5 - 15/03/2021 Minors
PART IV FIRE INSURANCE
Capacity of minors
202 Except in respect of his or her rights as beneficiary, a minor who has attained the age of sixteen years has the capacity of a person of the age of eighteen years, (a)  to make an enforceable contract; and (b)  in respect of a contract.  R.S.O. 1990, c. I.8, s. 202. Proceedings under Contract
PART IV FIRE INSURANCE
Proof of claim
203 (1) Where an insurer receives sufficient evidence of, (a)  the happening of the event upon which insurance money becomes payable; (b)  the age of the person whose life is insured; (c)  the right of the claimant to receive payment; and (d)  the name and age of the beneficiary, if there is a beneficiary, it shall, within thirty days after receiving the evidence, pay the insurance money to the person entitled thereto.  R.S.O. 1990, c. I.8, s. 203. Order under Declarations of Death Act, 2002 (2) Despite sections 208 and 209, an order made under the Declarations of Death Act, 2002 that declares that an individual has died is sufficient evidence of death for the purpose of clause (1) (a) if the insurer had notice of the application.  2002, c. 14, Sched., s. 10. Exception (3) Subsection (2) does not apply if the order is limited, under subsection 2 (6) of the Declarations of Death Act, 2002, to specified purposes other than the payment of insurance money.  2002, c. 14, Sched., s. 10. Section Amendments with date in force (d/m/y) 2002, c. 14, Sched., s. 10 - 19/11/2002 Payment of insurance money
PART IV FIRE INSURANCE
Place of payment
204 (1) Subject to subsections (3), (4) and (5), insurance money is payable in Ontario. R.S.O. 1990, c. I.8, s. 204 (1); 2012, c. 8, Sched. 23, s. 28 (1). Dollars (2) Unless a contract otherwise provides, a reference therein to dollars means Canadian dollars. R.S.O. 1990, c. I.8, s. 204 (2). Payment outside Ontario (3) Where a person entitled to receive insurance money is not domiciled in Ontario, the insurer may pay the insurance money to that person or to any other person who is entitled to receive it on that person’s behalf by the law of the domicile of the payee. R.S.O. 1990, c. I.8, s. 204 (3). Exception for group insurance (4) In the case of a contract of group insurance, insurance money is payable in the province or territory of Canada in which the group life insured was resident at the time he or she became insured. R.S.O. 1990, c. I.8, s. 204 (4). Deceased not resident in Ontario at time of death (5) Where
insurance money is payable under a contract to a deceased person who was not resident in Ontario at the date of the person’s death or to that person’s personal representative, the insurer may pay the insurance money to the deceased person’s personal representative as appointed under the law of the jurisdiction in which the person was resident at the date of the person’s death, and the payment discharges the insurer to the extent of the amount of the payment.  2012, c. 8, Sched. 23, s. 28 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 28 (1, 2) - 01/07/2016
PART IV FIRE INSURANCE
Action in Ontario
205 Despite where a contract was made, an action on it may be brought in a court by a resident of Ontario if the insurer was authorized to transact insurance in Ontario at the time the contract was made or at the time the action is brought.  R.S.O. 1990, c. I.8, s. 205. 206 Repealed:  2002, c. 24, Sched. B, s. 39 (1). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 39 (1) - 01/01/2004
PART IV FIRE INSURANCE
Documents affecting right to insurance money
207 (1) Until an insurer receives at its head or principal office in Canada an instrument or an order of a court affecting the right to receive insurance money, or a notarial copy, or a copy verified by statutory declaration, of any such instrument or order, it may make payment of the insurance money and shall be as fully discharged to the extent of the amount paid as if there were no such instrument or order. Saving (2) Subsection (1) does not affect the rights or interests of any person other than the insurer.  R.S.O. 1990, c. I.8, s. 207.
PART IV FIRE INSURANCE
Declaration as to sufficiency of proof
208 Where an insurer admits the validity of the insurance but does not admit the sufficiency of the evidence required by section 203 and there is no other question in issue except a question under section 209, the insurer or the claimant may, before or after action is brought and upon at least thirty days notice, apply to the court for a declaration as to the sufficiency of the evidence furnished, and the court may make the declaration or may direct what further evidence shall be furnished and on the furnishing thereof may make the declaration or, in special circumstances, may dispense with further evidence.  R.S.O. 1990, c. I.8, s. 208.
PART IV FIRE INSURANCE
Declaration as to presumption of death
209 Where a claimant alleges that the person whose life is insured should be presumed to be dead by reason of his or her not having been heard of for seven years and there is no other question in issue except a question under section 208, the insurer or the claimant may, before or after action is brought and upon at least thirty days notice, apply to the court for a declaration as to presumption of the death and the court may make the declaration.  R.S.O. 1990, c. I.8, s. 209.
PART IV FIRE INSURANCE
Court orders, application under s. 208 or 209
210 (1) Upon making a declaration under section 208 or 209, the court may make such order respecting the payment of the insurance money and respecting costs as it deems just and, subject to section 212, a declaration or direction or order made under this subsection is binding upon the applicant and upon all persons to whom notice of the application has been given. Payment under order (2) A payment made under an order made under subsection (1) discharges the insurer to the extent of the amount paid.  R.S.O. 1990, c. I.8, s. 210.
PART IV FIRE INSURANCE
Court orders, insufficient evidence, etc.
213 Where the court finds that the evidence furnished under section 203 is not sufficient or that a presumption of death is not established, it may order that the matters in issue be decided in an action brought or to be brought, or may make such other order as it considers just respecting further evidence to be furnished by the claimant, publication of advertisements, further inquiry or any other matter or respecting costs.  R.S.O. 1990, c. I.8, s. 213.
PART IV FIRE INSURANCE
Payment into court
214 (1) Where an insurer admits liability for insurance money and it appears to the insurer that, (a)  there are adverse claimants; (b)  the whereabouts of a person entitled is unknown; (c)  there is no person capable of giving and authorized to give a valid discharge therefor, who is willing to do so; (d)  there is no person entitled to the insurance money; or (e)  the person to whom the insurance money is payable would be disentitled on public policy or other grounds, the insurer may, at any time after thirty days from the date of the happening of the event upon which the insurance money becomes payable, apply to the court without notice for an order for payment of the money into court, and the court may upon such notice, if any, as it thinks necessary make an order accordingly. R.S.O. 1990, c. I.8, s. 214; 2012, c. 8, Sched. 23, s. 29 (1). (2) Repealed: 2013, c. 2, Sched. 8, s. 11. Insurer discharged by payment under order (3) A payment made by an insurer under an order made under subsection (1) discharges the insurer to the extent of the amount of the payment.  2012, c. 8, Sched. 23, s. 29 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 29 (1, 2) - 01/07/2016 2013, c. 2, Sched. 8, s. 11 - 01/07/2016
PART IV FIRE INSURANCE
Simultaneous deaths
215 Unless a contract or a declaration otherwise provides, where the person whose life is insured and a beneficiary die at the same time or in circumstances rendering it uncertain which of them survived the other, the insurance money is payable as if the beneficiary had predeceased the person whose life is insured. R.S.O. 1990, c. I.8, s. 215; 2012, c. 8, Sched. 23, s. 30. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 30 - 01/07/2016
PART IV FIRE INSURANCE
Insurance money payable in instalments
216 (1) Subject to subsections (2) and (3), where insurance money is payable in instalments and a contract, or an instrument signed by the insured and delivered to the insurer, provides that a beneficiary has not the right to commute the instalments or to alienate or assign the beneficiary’s interest therein, the insurer shall not, unless the insured subsequently directs otherwise in writing, commute the instalments or pay them to any person other than the beneficiary, and the instalments are not, in the hands of the insurer, subject to any legal process except an action to recover the value of necessaries supplied to the beneficiary or the beneficiary’s children who are minors. Commutation by beneficiary (2) A court may, upon the application of a beneficiary and upon at least ten days notice, declare that in view of special circumstances, (a)  the insurer may, with the consent of the beneficiary, commute instalments of insurance money; or (b)  the beneficiary may alienate or assign the beneficiary’s interest in the insurance money. Commutation after death of beneficiary (3) After the death of the beneficiary, his or her personal representative may, with the consent of the insurer, commute any instalments of insurance money payable to the beneficiary. Definition (4) In this section, “instalments” includes insurance money held by the insurer under section 217.  R.S.O. 1990, c. I.8, s. 216.
PART IV FIRE INSURANCE
Insurer holding insurance money
217 (1) An insurer may hold insurance money, (a)  subject to the order of an insured or a beneficiary; or (b)  upon trusts or other agreements for the benefit of the insured or the beneficiary, as provided in the contract, by an agreement in writing to which it is a party, or by a declaration, with interest at a rate agreed upon therein or, where no rate is agreed upon, at the rate declared from time to time by the insurer in respect of insurance money so held by it. Exception (2) The insurer is not bound to hold insurance money as provided in subsection (1) under the terms of a declaration to which it has not agreed in writing.  R.S.O. 1990, c. I.8, s. 217.
PART IV FIRE INSURANCE
Court may order payment
218 Where an insurer does not within thirty days after receipt of the evidence required by section 203 pay the insurance money to some person competent to receive it or into court, the court may, upon application of any person, order that the insurance money or any part thereof be paid into court, or may make such other order as to the distribution of the money as it deems just, and payment made in accordance with the order discharges the insurer to the extent of the amount paid.  R.S.O. 1990, c. I.8, s. 218.