hordruma/ontario_laws_and_regs huggingface dataset:
PART III INSURANCE CONTRACTS IN ONTARIO
Right of claimant against insurer where execution against insured returned unsatisfied
132 (1) Where a person incurs a liability for injury or damage to the person or property of another, and is insured against such liability, and fails to satisfy a judgment awarding damages against the person in respect of the person’s liability, and an execution against the person in respect thereof is returned unsatisfied, the person entitled to the damages may recover by action against the insurer the amount of the judgment up to the face value of the policy, but subject to the same equities as the insurer would have if the judgment had been satisfied. Exception (2) This section does not apply to motor vehicle liability policies.  R.S.O. 1990, c. I.8, s. 132. Court actions for recovery of insurance money, special rules
PART III INSURANCE CONTRACTS IN ONTARIO
Consolidation of actions
133 (1) Where several actions are brought for the recovery of money payable under a contract or contracts of insurance, the court may consolidate or otherwise deal therewith so that there is but one action for and in respect of all the claims made in such actions. Where minors are entitled to insurance money (2) Where an action is brought to recover the share of one or more minors, all the other minors entitled, or the trustees, executors or guardians entitled to receive payment of the shares of such other minors, shall be made parties to the action, and the rights of all the minors shall be determined in one action. Apportionment of sums directed to be paid (3) In all actions where several persons are interested in the insurance money, the court or judge may apportion among the persons entitled any sum directed to be paid, and may give all necessary directions and relief. When payee is domiciled or resident abroad (4) Where the person entitled to receive money due and payable under a contract of insurance, except insurance of the person, is domiciled or resides in a foreign jurisdiction and payment, valid according to the law of such jurisdiction, is made to such person, such payment is valid and effectual for all purposes.  R.S.O. 1990, c. I.8, s. 133. Non-payment of premium
PART III INSURANCE CONTRACTS IN ONTARIO
Effect of delivery of policy
134 (1) Where the policy has been delivered, the contract is as binding on the insurer as if the premium had been paid, although it has not in fact been paid, and although delivered by an officer or agent of the insurer who had not authority to deliver it. R.S.O. 1990, c. I.8, s. 134 (1). Right of insurer in respect of unpaid premium (2) The insurer may sue for the unpaid premium and may deduct the amount thereof from the amount for which the insurer is liable under the contract of insurance. R.S.O. 1990, c. I.8, s. 134 (2). Where note or cheque for premium not honoured (3) Where a cheque, bill of exchange or promissory note is given, whether originally or by way of renewal, for the whole or part of any premium and the cheque, bill of exchange or promissory note is not honoured according to its tenor, the insurer may terminate the contract forthwith by giving written notice by registered mail, personal delivery, or prepaid courier if there is a record by the person who has delivered it that the notice has been sent. R.S.O. 1990, c. I.8, s. 134 (3); 2019, c. 7, Sched. 33, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 33, s. 4 - 01/01/2022
PART III INSURANCE CONTRACTS IN ONTARIO
Insurer to furnish forms for proof of loss
135 (1) An insurer, immediately upon receipt of a request, and in any event not later than sixty days after receipt of notice of loss, shall furnish to the insured or person to whom the insurance money is payable forms upon which to make the proof of loss required under the contract. Offence (2) An insurer who neglects or refuses to comply with subsection (1) is guilty of an offence, and in addition section 136 is not available to the insurer as a defence to an action brought, after such neglect or refusal, for the recovery of money alleged to be payable under the contract of insurance. Furnishing of forms not an admission (3) The furnishing by an insurer of forms to make proof of loss shall not be taken to constitute an admission by the insurer that a valid contract is in force or that the loss in question falls within the insurance provided by the contract.  R.S.O. 1990, c. I.8, s. 135.
PART III INSURANCE CONTRACTS IN ONTARIO
When action may be brought under contract
136 No action shall be brought for the recovery of money payable under a contract of insurance until the expiration of sixty days after proof, in accordance with the provisions of the contract, (a)  of the loss; or (b)  of the happening of the event upon which the insurance money is to become payable, or of such shorter period as is fixed by the contract of insurance.  R.S.O. 1990, c. I.8, s. 136. Insurance as Collateral Security
PART III INSURANCE CONTRACTS IN ONTARIO
Mortgagee not to receive commission from insurer
137 (1) A mortgagee shall not accept or be entitled to receive either directly or through an agent or employee, and no officer or employee of such mortgagee shall accept or receive, any commission or other remuneration or benefit in consideration of effecting a contract of insurance or renewal thereof under which contract loss, if any, is payable to the mortgagee as mortgagee. Payment of commission prohibited (2) No insurer or agent or broker shall pay, allow or give any commission or other remuneration or benefit to a mortgagee or to any person in the mortgagee’s employ or on the mortgagee’s behalf in consideration of effecting a contract of insurance or renewal thereof under which contract loss, if any, is payable to the mortgagee as mortgagee. Offence (3) Any insurer or other person who contravenes this section is guilty of an offence.  R.S.O. 1990, c. I.8, s. 137.
PART III INSURANCE CONTRACTS IN ONTARIO
Right to refund of premium on termination of contract
138 (1) Where an insured assigns the right to refund of premium that may accrue by reason of the cancellation or termination of a contract of insurance under the terms thereof and notice of the assignment is given by the assignee to the insurer, the insurer shall pay any such refund to the assignee despite any condition in the contract, whether prescribed under this Act or not, requiring the refund to be paid to the insured or to accompany any notice of cancellation or termination to the insured. Idem (2) Where the condition in the contract dealing with cancellation or termination by the insurer provides that the refund shall accompany the notice of cancellation or termination, the insurer shall include in the notice a statement that in lieu of payment of the refund in accordance with the condition the refund is being paid to the assignee under this section.  R.S.O. 1990, c. I.8, s. 138. Contracts of Guarantee Insurance
PART III INSURANCE CONTRACTS IN ONTARIO
Contracts of title insurance
139 (1) Every contract of title insurance shall be in writing, and, in addition to the other requirements prescribed by this Act, shall expressly limit the liability of the insurer to a sum stated in the contract. Questions as to validity of title (2) If a question arises as to the validity of the title insured, or as to the liability of the insurer, the insurer or the insured or any person entitled to proceed in right of either may by application have such question determined as provided in the Vendors and Purchasers Act in the case of vendors and purchasers.  R.S.O. 1990, c. I.8, s. 139. General
PART III INSURANCE CONTRACTS IN ONTARIO
Payment into court
141 (1) Where an insurer cannot obtain a sufficient discharge for insurance money for which it admits liability, the insurer may apply to the court without notice for an order for the payment thereof into court, and the court may order the payment into court to be made upon such terms as to costs and otherwise as the court may direct, and may provide to what fund or name the amount shall be credited. Discharge to insurer (2) The receipt of the registrar or other proper officer of the court is sufficient discharge to the insurer for the insurance money so paid into court, and the insurance money shall be dealt with according to the orders of the court.  R.S.O. 1990, c. I.8, s. 141. PART IV   FIRE INSURANCE 142 Repealed: 2019, c. 14, Sched. 9, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 9, s. 20 - 10/12/2019
PART IV FIRE INSURANCE
Application of Part
143 (1) This Part applies to insurance against loss of or damage to property arising from the peril of fire in any contract made in Ontario except, (a)  insurance within the class of aircraft insurance; (a.1)  insurance within the class of automobile insurance; (a.2)  insurance within the class of boiler and machinery insurance; (a.3)  insurance (other than marine insurance) against loss of or damage to property, (i)  while in transit or during delay incidental to transit, or (ii)  where, in the opinion of the Chief Executive Officer, the risk is substantially a transit risk; (a.4)  insurance within the class of marine insurance; (a.5)  insurance against loss of or damage to plate, sheet or window glass, whether in place or in transit; (a.6)  insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures; (a.7)  insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery; (b)  where the subject-matter of the insurance is rents, charges or loss of profits; (c)  where the peril of fire is an incidental peril to the coverage provided; or (d)  where the subject-matter of the insurance is property that is insured by an insurer or group of insurers primarily as a nuclear risk under a policy covering against loss of or damage to the property resulting from nuclear reaction or nuclear radiation and from other perils.  R.S.O. 1990, c. I.8, s. 143 (1); 2002, c. 18, Sched. H, s. 4 (19); 2018, c. 8, Sched. 13, s. 22. (2) Repealed: 2015, c. 20, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (19) - 30/04/2007 2015, c. 20, Sched. 17, s. 2 - 04/06/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART IV FIRE INSURANCE
Extent of coverage by contract
144 (1) Subject to subsection (4) of this section and to clause 151 (a), in any contract to which this Part applies the contract shall be deemed to cover the insured property, (a)  against fire (whether resulting from explosion or otherwise) not occasioned by or happening through, (i)  in the case of goods, their undergoing any process involving the application of heat, (ii)  riot, civil commotion, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (b)  against lightning, but excluding destruction or loss to electrical devices or appliances caused by lightning or other electrical currents unless fire originates outside the article itself and only for such destruction or damage as occurs from such fire; (c)  against explosion (not occasioned by or happening through any of the perils specified in subclause (a) (ii)) of natural, coal or manufactured gas in a building not forming part of a gas works, whether fire ensues therefrom or not.  R.S.O. 1990, c. I.8, s. 144 (1). Radioactive contamination (2) Unless a contract to which this Part applies otherwise specifically provides, it does not cover the insured property against loss or damage caused by contamination by radio-active material directly or indirectly resulting from fire, lightning or explosion within the meaning of subsection (1).  R.S.O. 1990, c. I.8, s. 144 (2). Coverage where property removed (3) Where property insured under a contract covering it at a specified location is necessarily removed to prevent loss or damage or further loss or damage thereto, that part of the insurance under the contract that exceeds the amount of the insurer’s liability for any loss incurred covers, for seven days only or for the unexpired term of the contract if less than seven days, the property removed and any property remaining in the original location in the proportions that the value of the property in each of the respective locations bears to the value of the property in them all.  R.S.O. 1990, c. I.8, s. 144 (3). Extended insurance (4) Nothing in subsection (1) precludes an insurer giving more extended insurance against the perils mentioned therein, but in that case this Part does not apply to the extended insurance.  R.S.O. 1990, c. I.8, s. 144 (4). Power to extend meaning of “lightning” in livestock contracts (5) An insurer licensed to carry on property insurance may include in its insurance contracts a clause or endorsement providing that, in the case of livestock insured against death or injury caused by fire or lightning, the word “lightning” is deemed to include other electrical currents.  R.S.O. 1990, c. I.8, s. 144 (5); 2002, c. 18, Sched. H, s. 4 (20). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (20) - 30/04/2007
PART IV FIRE INSURANCE
Renewal of contract
145 A contract may be renewed by the delivery of a renewal receipt identifying the policy by number, date or otherwise.  R.S.O. 1990, c. I.8, s. 145; 1999, c. 12, Sched. I, s. 4 (16). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (16) - 22/12/1999
PART IV FIRE INSURANCE
Form of contract
146 After an application for insurance is made, if it is in writing, any policy sent to the insured shall be deemed to be intended to be in accordance with the terms of the application, unless the insurer points out in writing the particulars wherein it differs from the application, in which case the insured may, within two weeks from the receipt of the notification, reject the policy.  R.S.O. 1990, c. I.8, s. 146.
PART IV FIRE INSURANCE
Mortgagees and other payees
147 (1) Where the loss, if any, under a contract has, with the consent of the insurer, been made payable to a person other than the insured, the insurer shall not cancel or alter the policy to the prejudice of that person without notice to that person.  R.S.O. 1990, c. I.8, s. 147 (1). Form of notice (2) Subject to subsection (3), the length of and manner of giving the notice under subsection (1) is the same as notice of cancellation to the insured under the statutory conditions in the contract.  R.S.O. 1990, c. I.8, s. 147 (2); 1997, c. 19, s. 10 (26). Alternate notice (3) If the loss under a contract has, with the consent of the insurer, been made payable to a person other than the insured, the insurer and the person may enter into a written agreement to provide for alternate notice.  1997, c. 19, s. 10 (27). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (26, 27) - 10/10/1997
PART IV FIRE INSURANCE
Limitation of liability clause
149 A contract containing, (a)  a deductible clause; (b)  a co-insurance, average or similar clause; or (c)  a clause limiting recovery by the insured to a specified percentage of the value of any property insured at the time of loss, whether or not that clause is conditional or unconditional, shall have printed or stamped upon its face in red ink or bold type the words “The policy contains a clause that may limit the amount payable”, or the French equivalent failing which the clause is not binding upon the insured.  R.S.O. 1990, c. I.8, s. 149; 1997, c. 19, s. 10 (28). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (28) - 10/10/1997
PART IV FIRE INSURANCE
Rateable contribution
150 (1) Where on the happening of any loss or damage to property insured there is in force more than one contract covering the same interest, each of the insurers under the respective contracts is liable to the insured for its rateable proportion of the loss, unless it is otherwise expressly agreed in writing between the insurers. Effect of policy may not be postponed (2) For the purpose of subsection (1), a contract shall be deemed to be in force despite any term thereof that the policy will not cover, come into force, attach or become insurance with respect to the property until after full or partial payment of any loss under any other policy. Certain restrictions valid (3) Nothing in subsection (1) affects the validity of any divisions of the sum insured into separate items, or any limits of insurance on specified property, or any clause referred to in section 149 or any contract condition limiting or prohibiting the having or placing of other insurance. Ascertainment of rateable proportions (4) Nothing in subsection (1) affects the operation of any deductible clause and, (a)  where one contract contains a deductible, the proportion of the insurer under that contract shall be first ascertained without regard to the clause and then the clause shall be applied only to affect the amount of recovery under that contract; and (b)  where more than one contract contains a deductible, the proportions of the insurers under those contracts shall be first ascertained without regard to the deductible clauses and then the highest deductible shall be pro rated among the insurers with deductibles and these pro rated amounts shall affect the amount of recovery under those contracts. Idem (5) Nothing in subsection (4) shall be construed to have the effect of increasing the proportional contribution of an insurer under a contract that is not subject to a deductible clause. Insurance on identified articles (6) Despite subsection (1), insurance on identified articles is a first loss insurance as against all other insurance.  R.S.O. 1990, c. I.8, s. 150.
PART IV FIRE INSURANCE
Special stipulations
151 Where a contract, (a)  excludes any loss that would otherwise fall within the coverage prescribed by section 144; or (b)  contains any stipulation, condition or warranty that is or may be material to the risk including, but not restricted to, a provision in respect to the use, condition, location or maintenance of the insured property, the exclusion, stipulation, condition or warranty is not binding upon the insured, if it is held to be unjust or unreasonable by the court before which a question relating thereto is tried.  R.S.O. 1990, c. I.8, s. 151.
PART IV FIRE INSURANCE
Subrogation
152 (1) The insurer, upon making a payment or assuming liability therefor under a contract to which this Part applies, is subrogated to all rights of recovery of the insured against any person, and may bring action in the name of the insured to enforce such rights.  R.S.O. 1990, c. I.8, s. 152 (1); 2002, c. 18, Sched. H, s. 4 (21). Where amount recovered is not sufficient to indemnify (2) Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the insurer and the insured in the proportions in which the loss or damage has been borne by them respectively.  R.S.O. 1990, c. I.8, s. 152 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (21) - 30/04/2007 Fire Mutuals Guarantee Fund
PART IV FIRE INSURANCE
General reinsurance agreement
153 An insurer that is a member of the Fire Mutuals Guarantee Fund shall enter into and remain a party to a general reinsurance agreement with a mutual insurance corporation incorporated under subsection 148 (3) of the Corporations Act.  1999, c. 12, Sched. I, s. 4 (17). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (17) - 22/12/1999 154-168 Repealed:  1999, c. 12, Sched. I, s. 4 (17). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (17) - 22/12/1999
PART IV FIRE INSURANCE
Application of Part
172 (1) Despite any agreement, condition or stipulation to the contrary, but subject to a regulation made under paragraph 14.0.2 of subsection 121 (1), this Part applies to a contract made in Ontario on or after the 1st day of July, 1962, and, subject to subsections (2) and (3), applies to a contract made in Ontario before that day. R.S.O. 1990, c. I.8, s. 172 (1); 2012, c. 8, Sched. 23, s. 7. Beneficiary for value (2) The rights and interests of a beneficiary for value under a contract that was in force immediately before the 1st day of July, 1962 are those provided in Part V of The Insurance Act, being chapter 190 of the Revised Statutes of Ontario, 1960, as it existed immediately before that day. R.S.O. 1990, c. I.8, s. 172 (2). Preferred beneficiary (3) Where the person who would have been entitled to the payment of insurance money, if the money had become payable immediately before the 1st day of July, 1962, was a preferred beneficiary within the meaning of Part V of The Insurance Act, being chapter 190 of the Revised Statutes of Ontario, 1960, as it existed immediately before that day, the insured may not, except in accordance with that Part, (a)  alter or revoke the designation of a beneficiary; or (b)  assign, exercise rights under or in respect of, surrender or otherwise deal with the contract, but this subsection does not apply after a time at which the insurance money, if it were then payable, would be payable wholly to a person other than a preferred beneficiary within the meaning of that Part. R.S.O. 1990, c. I.8, s. 172 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 7 - 01/07/2016
PART IV FIRE INSURANCE
Group insurance
173 In the case of a contract of group insurance made with an insurer authorized to transact insurance in Ontario at the time the contract was made, this Part applies in determining, (a)  the rights and status of beneficiaries and personal representatives as recipients of insurance money if the group life insured was resident in Ontario at the time he or she became insured; and (b)  the rights and obligations of the group life insured if he or she was resident in Ontario at the time he or she became insured. R.S.O. 1990, c. I.8, s. 173; 2012, c. 8, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 8 - 01/07/2016
PART IV FIRE INSURANCE
Application of ss. 126 and 131
173.1 Sections 126 and 131 apply to a contract of life insurance. 2012, c. 8, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 9 - 01/07/2016 Issuance of Policy and Contents Thereof