jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) The conditions set out in the Schedule are prescribed as statutory conditions for the purpose of section 234 of the Act.  O. Reg. 777/93, s. 1 (1). (2) Subject to subsection 234 (3) of the Act, the statutory conditions apply to all contracts of automobile insurance entered into or renewed on or after January 1, 1994.  O. Reg. 777/93, s. 1 (2). (3) The following provisions of the Schedule as they read on the day this subsection comes into force apply to every contract of automobile insurance that is in effect on that day or that comes into effect after that day: 1. Subconditions (6), (6.1) and (6.2) of statutory condition 6. 2. Statutory condition 7. 3. Subconditions (1) and (2.1) of statutory condition 9. 4. Statutory condition 10.1.  O. Reg. 277/03, s. 1. Schedule   statutory conditions In these statutory conditions, unless the context otherwise requires, the word, “insured” means a person insured by this contract, whether named or not.
Material change in risk
  1. (1) The insured named in this contract shall promptly notify the insurer or its local agent in writing of any change in the risk material to the contract and within the insured’s knowledge. (2) Without restricting the generality of the foregoing, the words, “change in the risk material to the contract” include: (a) any change in the insurable interest of the insured named in this contract in the automobile by sale, assignment or otherwise, except through change of title by succession, death or proceedings under the Bankruptcy and Insolvency Act
(Canada); and, in respect of insurance against loss of or damage to the automobile, (b) any mortgage, lien or encumbrance affecting the automobile after the application for this contract; (c) any other insurance of the same interest, whether valid or not, covering loss or damage insured by this contract or any portion thereof.
Incorrect classification
  2. (1) Where the insured has been incorrectly classified under the risk classification system used by the insurer or under the risk classification system that the insurer is required by law to use, the insurer shall make the necessary correction.
Monthly payments
  3. Unless otherwise provided by the regulations under the Insurance Act, the insured may pay the premium, without penalty, in equal monthly payments totalling the amount of the premium. The insurer may charge interest not exceeding the rate set out in the regulations.
Authority to drive
  4. (1) The insured shall not drive or operate or permit any other person to drive or operate the automobile unless the insured or other person is authorized by law to drive or operate it.
Requirements where loss or damage to persons or property
  5. (1) The insured shall, (a) give to the insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and of any claim made on account of the incident; (b) verify by statutory declaration, if required by the insurer, that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract; and (c) forward immediately to the insurer every letter, document, advice or statement of claim received by the insured from or on behalf of the claimant. (2) The insured shall not, (a) voluntarily assume any liability or settle any claim except at the insured’s own cost; or (b) interfere in any negotiations for settlement or in any legal proceeding. (3) The insured shall, whenever requested by the insurer, aid in securing information and evidence and the attendance of any witness and shall co-operate with the insurer, except in a pecuniary way, in the defence of any action or proceeding or in the prosecution of any appeal.
Requirements where loss or damage to automobile
  6. (1) Where loss of or damage to the automobile occurs, the insured shall, if the loss or damage is covered by this contract, (a) give notice thereof in writing to the insurer with the fullest information obtainable at the time; (b) at the expense of the insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and (c) deliver to the insurer within ninety days after the date of the loss or damage a statutory declaration stating, to the best of the insured’s knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the insured and of all others therein, the encumbrances thereon, all other insurance, whether valid or not, covering the automobile and that the loss or damage did not occur directly or indirectly through any wilful act or neglect of the insured. (2) Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition (1) of this condition is not recoverable under this contract. (3) No repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be removed, (a) without the written consent of the insurer; or (b) until the insurer has had a reasonable time to make the examination for which provision is made in statutory condition 8.
Time limit
  7. The notice required by subcondition (1) of statutory condition 5 and subcondition (1) of statutory condition 6 shall be given to the insurer within seven days of the incident but if the insured is unable because of incapacity to give the notice within seven days of the incident, the insured shall comply as soon as possible thereafter.
Inspection of automobile
  8. The insured shall permit the insurer at all reasonable times to inspect the automobile and its equipment.
Time and manner of payment of insurance money
  9. (1) If the insurer has not chosen to repair, rebuild or replace the property that is damaged or lost, the insurer shall pay the insurance money for which it is liable under the contract, (a) within 60 days after the insurer receives the proof of loss, if no appraisal referred to in subcondition (2.1) is carried out in respect of the claim; or (b) within 15 days after the insurer receives the appraisers’ determination of the matters in disagreement, if an appraisal referred to in subcondition (2.1) is carried out in respect of the claim.
Who may give notice and proofs of claim
  10. Notice of claim may be given and proofs of claim may be made by the agent of the insured in case of absence or inability of the insured to give the notice or make the proof, such absence or inability being satisfactorily accounted for or, in the like case or if the insured refuses to do so, by a person to whom any part of the insurance money is payable.
Deductible amounts
  10.1 (1) Despite anything in this contract, (a) the insurer shall be liable only for amounts in excess of the applicable deductible amount, if any, mentioned in this contract; and (b) any provision in this contract relating to an obligation of the insurer to pay an amount or to repair, rebuild or replace property that is damaged or lost shall be satisfied by paying the amount determined by deducting any applicable deductible amount from, (i) the amount the insured would otherwise be entitled to recover, or (ii) the cost of repairing, rebuilding or replacing the property.
Notice
  12. (1) Written notice may be given to the insurer in the following ways: 1. It may be personally delivered at the chief agency or head office of the insurer in the Province. 2. It may be sent by registered mail to the chief agency or head office of the insurer in the Province. 3. It may be delivered by electronic means. (2) Written notice may be given to the insured named in this contract in the following ways: 1. It may be personally delivered. 2. It may be delivered by prepaid courier to the latest address of the insured on the records of the insurer if there is a record by the person who has delivered it that the notice has been sent. 3. It may be sent by registered mail to the latest address of the insured on the records of the insurer. 4. It may be delivered by electronic means if the insured consents to delivery by electronic means. (3) In this condition, the expression “registered” means registered in or outside Canada.
Statutory accident benefits protected
  13. Despite a failure to comply with these statutory conditions, a person is entitled to such benefits as are set out in the Statutory Accident Benefits Schedule. O. Reg. 777/93, Sched.; O. Reg. 277/03, s. 2; O. Reg. 45/05, s. 1; O. Reg. 237/05, s. 1; O. Reg. 40/10, s. 1; O. Reg. 706/21, s. 1, 2.  Français