jswizzle3737/ontario_laws_and_regs huggingface dataset:
75. Where the assured has effected an insurance in express terms against any liability to a third party, the measure of indemnity, subject to any express provision in the policy, is the amount paid or payable by the assured to such third party in respect of such liability.  R.S.O. 1990, c. M.2, s. 75.
76. (1) Where there has been a loss in respect of any subject-matter not expressly provided for in the foregoing provisions of this Act, the measure of indemnity shall be ascertained, as nearly as may be, in accordance with those provisions, in so far as applicable to the particular case.  R.S.O. 1990, c. M.2, s. 76 (1). Idem (2) Nothing in this Act relating to the measure of indemnity affects the rules relating to double insurance, or prohibits the insurer from disproving interest wholly or in part, or from showing that at the time of the loss the whole or any part of the subject-matter insured was not at risk under the policy.  R.S.O. 1990, c. M.2, s. 76 (2).
77. (1) Where the subject-matter insured is warranted free from particular average, the assured cannot recover for a loss of part, other than a loss incurred by a general average sacrifice, unless the contract contained in the policy is apportionable, but, if the contract is apportionable, the assured may recover for a total loss of any apportionable part.  R.S.O. 1990, c. M.2, s. 77 (1). Idem (2) Where the subject-matter insured is warranted free from particular average, either wholly or under a certain percentage, the insurer is nevertheless liable for salvage charges, and for particular charges and other expenses properly incurred pursuant to the provisions of the suing and labouring clause in order to avert a loss insured against.  R.S.O. 1990, c. M.2, s. 77 (2). Idem (3) Unless the policy otherwise provides, where the subject-matter insured is warranted free from particular average under a specified percentage, a general average loss cannot be added to a particular average loss to make up the specified percentage.  R.S.O. 1990, c. M.2, s. 77 (3). Determination of specified percentage (4) For the purpose of ascertaining whether the specified percentage has been reached regard shall be had only to the actual loss suffered by the subject-matter insured, and particular charges and the expenses of and incidental to ascertaining and proving the loss must be excluded.  R.S.O. 1990, c. M.2, s. 77 (4).
78. (1) Unless the policy otherwise provides and subject to this Act, the insurer is liable for successive losses even though the total amount of such losses may exceed the sum insured.  R.S.O. 1990, c. M.2, s. 78 (1). Idem (2) Where, under the same policy, a partial loss that has not been repaired or otherwise made good is followed by a total loss, the assured can only recover in respect of the total loss.  R.S.O. 1990, c. M.2, s. 78 (2). Effect on liability under suing and labouring clause (3) Nothing in this section affects the liability of the insurer under the suing and labouring clause.  R.S.O. 1990, c. M.2, s. 78 (3).
79. (1) Where the policy contains a suing and labouring clause, the engagement thereby entered into is deemed to be supplementary to the contract of insurance and the assured may recover from the insurer any expenses properly incurred pursuant to the clause, although the insurer may have paid for a total loss or that the subject-matter may have been warranted free from particular average, either wholly or under a certain percentage.  R.S.O. 1990, c. M.2, s. 79 (1). What not recoverable (2) General average losses and contributions and salvage charges as defined by this Act are not recoverable under the suing and labouring clause.  R.S.O. 1990, c. M.2, s. 79 (2). Idem (3) Expenses incurred for the purpose of averting or diminishing any loss not covered by the policy are not recoverable under the suing and labouring clause.  R.S.O. 1990, c. M.2, s. 79 (3). Duty to minimize loss (4) It is the duty of the assured and the agents of the assured in all cases to take such measures as may be reasonable for the purpose of averting or minimizing a loss.  R.S.O. 1990, c. M.2, s. 79 (4); 1993, c. 27, Sched. Rights of Insurer on Payment
80. (1) Where the insurer pays for a total loss, either of the whole or, in the case of goods, of any apportionable part of the subject-matter insured, the insurer thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter so paid for, and the insurer is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time of the casualty causing the loss.  R.S.O. 1990, c. M.2, s. 80 (1); 1993, c. 27, Sched. Partial loss (2) Subject to the foregoing provisions, where the insurer pays for a partial loss, the insurer acquires no title to the subject-matter insured or such part of it as may remain, but the insurer is thereupon subrogated to all rights and remedies of the assured in and in respect of the subject-matter insured as from the time of the casualty causing the loss in so far as the assured has been indemnified according to this Act by such payment for the loss.  R.S.O. 1990, c. M.2, s. 80 (2).
81. (1) Where the assured is over-insured by double insurance, each insurer is bound to contribute rateably to the loss in proportion to the amount for which the insurer is liable under the contract.  R.S.O. 1990, c. M.2, s. 81 (1). Idem (2) Any insurer who pays more than that insurer’s proportion of the loss, is entitled to maintain an action for contribution against the other insurers, and is entitled to the like remedies as a surety who has paid more than the surety’s proportion of the debt.  R.S.O. 1990, c. M.2, s. 81 (2).
82. Where the assured is insured for an amount less than the insurable value or, in the case of a valued policy, for an amount less than the policy valuation, the assured is deemed to be the assured’s own insurer in respect of the uninsured balance.  R.S.O. 1990, c. M.2, s. 82. Return of Premium
83. Where the premium, or a proportionate part thereof, is declared by this Act to be returnable, (a) if already paid, it may be recovered by the assured from the insurer; and (b) if unpaid, it may be retained by the assured or the agent of the assured.  R.S.O. 1990, c. M.2, s. 83.
84. Where the policy contains a stipulation for the return of the premium, or a proportionate part thereof, on the happening of a certain event and that event happens, the premium, or, as the case may be, the proportionate part thereof, is thereupon returnable to the assured.  R.S.O. 1990, c. M.2, s. 84.
85. (1) Where the consideration for the payment of the premium totally fails and there has been no fraud or illegality on the part of the assured or the agents of the assured, the premium is thereupon returnable to the assured.  R.S.O. 1990, c. M.2, s. 85 (1). Idem (2) Where the consideration for the payment of the premium is apportionable and there is a total failure of any apportionable part of the consideration, a proportionate part of the premium is, under the like conditions, thereupon returnable to the assured.  R.S.O. 1990, c. M.2, s. 85 (2). Idem (3) In particular, (a) where the policy is void, or is avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable; (b) where the subject-matter insured, or part thereof, has never been imperilled, the premium, or, as the case may be, a proportionate part thereof, is returnable; provided that where the subject-matter has been insured “lost or not lost” and has arrived in safety at the time when the contract is concluded, the premium is not returnable unless at such time the insurer knew of the safe arrival; (c) where the assured has no insurable interest throughout the currency of the risk, the premium is returnable, provided that this rule does not apply to a policy effected by way of gaming or wagering; (d) where the assured has a defeasible interest that is terminated during the currency of the risk, the premium is not returnable; (e) where the assured has over-insured under an unvalued policy, a proportionate part of the premium is returnable; (f) subject to the foregoing provisions, where the assured has over-insured by double insurance, a proportionate part of the several premiums is returnable; provided that, if the policies are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no premium is returnable.  R.S.O. 1990, c. M.2, s. 85 (3). Mutual Insurance
86. (1) Where two or more persons mutually agree to insure each other against marine losses there is said to be a mutual insurance.  R.S.O. 1990, c. M.2, s. 86 (1). Premium provisions not applicable (2) The provisions of this Act relating to the premium do not apply to mutual insurance, but a guarantee, or such other arrangement as may be agreed upon, may be substituted for the premium.  R.S.O. 1990, c. M.2, s. 86 (2). Modification of provisions of Act (3) The provisions of this Act, in so far as they may be modified by the agreement of the parties, may in the case of mutual insurance be modified by the terms of the policies issued by the association or by the rules and regulations of the association.  R.S.O. 1990, c. M.2, s. 86 (3). Application of Act (4) Subject to the exceptions mentioned in this section, this Act applies to a mutual insurance.  R.S.O. 1990, c. M.2, s. 86 (4). Supplemental
87. Where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after becoming aware of a loss.  R.S.O. 1990, c. M.2, s. 87.
88. (1) Where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage is such as to bind both parties to the contract.  R.S.O. 1990, c. M.2, s. 88 (1). Idem (2) This section extends to any right, duty, or liability declared by this Act which may be lawfully modified by agreement.  R.S.O. 1990, c. M.2, s. 88 (2).
89. Where by this Act any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact.  R.S.O. 1990, c. M.2, s. 89.