Professional Documents
Culture Documents
Agency: 6702901
Insured
Name: 8622345 Canada Inc. & 2796953 Ontario Inc o/a Take 5 Oil Cha
Policy
Declaration Page
Insurance is provided only for those coverages for which a specific limit/amount of insurance or premium is stated below:
Deductible* Annual
Summary of All Locations Limit of Liability*
(per occurrence) Premium*
Part I - Property
Coinsurance: See Coverage Schedule
Building not covered not covered not covered
Business Personal Property not covered not covered not covered
Equipment Breakdown not covered not covered not covered
Chargeable Endorsements none none N/A
Part II - Business Income Coverage not covered not covered not covered
Chargeable Endorsements none none N/A
Part III - Commercial General Liability
Each Occurrence not covered not covered not covered
General Aggregate N/A not covered N/A
Chargeable Endorsements none none N/A
Part IV - Non-Owned Auto not covered not covered not covered
Legal Liability for Damage to Hired Automobiles not covered not covered not covered
Part V - Umbrella
Each Occurrence not covered not covered not covered
Aggregate not covered not covered
Chargeable Endorsements none none N/A
Part VI - Crime not covered not covered not covered
Part VII - Automobile See Auto Schedule Included
Part VIII - Additional Coverages not covered not covered not covered
Part IX - Inland Marine not covered not covered not covered
* For Limits of Liability and Annual Premium applicable to each location, see attached Coverage Schedule.
This is your Garage Certificate of Automobile Insurance. Contact your Broker/Agent with any questions or
if you require clarification regarding your coverage choices.
THIS CERTIFICATE IS EVIDENCE OF A CONTRACT OF INSURANCE BETWEEN THE INSURED AND THE
INSURER, SUBJECT IN ALL RESPECTS TO THE GARAGE AUTOMOBILE POLICY (OAP 4) APPROVED FOR THE
PROVINCE OF ONTARIO.
UPON REQUEST THE INSURER WILL PROVIDE TO THE INSURED A COPY OF THE ONTARIO GARAGE
AUTOMOBILE POLICY.
AN APPLICATION HAS BEEN MADE BY THE APPLICANT (HEREINAFTER CALLED THE INSURED) TO THE
INSURER FOR A CONTRACT OF AUTOMOBILE INSURANCE AND THE SAID APPLICATION FORMS PART OF
THIS CONTRACT OF INSURANCE.
Part 1
1 Full name of Applicant and Business Address
As per the Declaration Page of this policy.
2 Policy Period
As per the Declaration Page of this policy.
All times are local times at the Named Insured's postal address shown on this Certificate.
3 Applicable Automobile Business
The automobiles in respect of which insurance is to be provided are those used in connection with the Insured's
business of :
(Specify whether Automobile Dealer, Repair Garage, Service Station, Storage Garage or Parking Lot and describe all other business, in respect of
which insurance is to be provided, conducted by the Insured at the locations specified in item 1).
NOTE: THIS FORM SHOULD NOT BE USED FOR RENTAL OR LEASING EXPOSURES.
5 Coverages
This policy provides for insurance against one or more of the perils mentioned in this Item, but only for insurance
under the section(s) or subsection(s) for which a premium is specified in this Item and no other and upon the terms,
conditions, provisions, definitions, and exclusions of the corresponding Ontario Garage Automobile Policy 4, for the
following specified limits and amounts.
Northbridge General Insurance Corporation
June 21, 2021
8622345 Canada Inc. & 2796953 Ontario Inc o/a Take 5 Effective: June 25, 2021 CBC 8139135 00
This is your Garage Certificate of Automobile Insurance. Contact your Broker/Agent with any questions or
if you require clarification regarding your coverage choices.
THIS CERTIFICATE IS EVIDENCE OF A CONTRACT OF INSURANCE BETWEEN THE INSURED AND THE
INSURER, SUBJECT IN ALL RESPECTS TO THE GARAGE AUTOMOBILE POLICY (OAP 4) APPROVED FOR THE
PROVINCE OF ONTARIO.
UPON REQUEST THE INSURER WILL PROVIDE TO THE INSURED A COPY OF THE ONTARIO GARAGE
AUTOMOBILE POLICY.
AN APPLICATION HAS BEEN MADE BY THE APPLICANT (HEREINAFTER CALLED THE INSURED) TO THE
INSURER FOR A CONTRACT OF AUTOMOBILE INSURANCE AND THE SAID APPLICATION FORMS PART OF
THIS CONTRACT OF INSURANCE.
Part 1
1 Full name of Applicant and Business Address
As per the Declaration Page of this policy.
2 Policy Period
As per the Declaration Page of this policy.
All times are local times at the Named Insured's postal address shown on this Certificate.
3 Applicable Automobile Business
The automobiles in respect of which insurance is to be provided are those used in connection with the Insured's
business of :
(Specify whether Automobile Dealer, Repair Garage, Service Station, Storage Garage or Parking Lot and describe all other business, in respect of
which insurance is to be provided, conducted by the Insured at the locations specified in item 1).
NOTE: THIS FORM SHOULD NOT BE USED FOR RENTAL OR LEASING EXPOSURES.
5 Coverages
This policy provides for insurance against one or more of the perils mentioned in this Item, but only for insurance
under the section(s) or subsection(s) for which a premium is specified in this Item and no other and upon the terms,
conditions, provisions, definitions, and exclusions of the corresponding Ontario Garage Automobile Policy 4, for the
following specified limits and amounts.
Northbridge General Insurance Corporation
June 21, 2021
8622345 Canada Inc. & 2796953 Ontario Inc o/a Take 5 Effective: June 25, 2021 CBC 8139135 00
Insurance Coverages
5.1.2 Comprehensive
(Excluding Collision or Upset and Open Lot Theft)
Location #: 1
Insurance Coverages
Endorsements
OEF71 - Excluding Owned Automobiles
OEF77 - Liab. For Comp Damage to Cust Auto (inc OLT) $200,000 $1,000 Included
OEF81 - Garage Family Protection Included
The advanced premiums are subject to the adjustable Total Advanced Premium Included
Premium Computation Provision in the Policy. Minimum Retained Premium $25
Insurance Coverages
5.1.2 Comprehensive
(Excluding Collision or Upset and Open Lot Theft)
Location #: 2
Insurance Coverages
Endorsements
OEF71 - Excluding Owned Automobiles
OEF77 - Liab. For Comp Damage to Cust Auto (inc OLT) $200,000 $1,000 Included
OEF81 - Garage Family Protection Included
The advanced premiums are subject to the adjustable Total Advanced Premium Included
Premium Computation Provision in the Policy. Minimum Retained Premium $25
6 Name and Address of Lienholder or Mortgagee to whom, jointly with the Insured, Loss under Section 4 and 5 is payable
As per the Declaration Page of this policy.
7 This Certificate is only valid if it is signed by an authorized representative of the Insurer
As signed in the Declaration Page of this policy.
For the purposes of the Insurance Companies Act (Canada), this document document was issued in the course of the
Insurer's insurance business in Canada.
DASbusiness - Commercial
Legal Expense Insurance Policy
DAS Legal Protection Inc. (DAS) acts as the insurance manager and has the authority to issue this insurance policy and administer claims on
behalf of Temple Insurance Company (Temple). DAS and Temple are members of the Munich Re (Group).
SECTION
1. MAKING A CLAIM
Please contact “us” as soon as practicable following an insured event, and in no event later than 180 days after the “date of occurrence”
of the insured event.
Please note that the “Insurer” will not pay for any costs “you” may incur before the “Insurer” have accepted “your” claim, even if
the “Insurer” later accepts the claim.
“You” may report a claim to “us” by mail at “our” Head Office address: 390 Bay Street, 22nd Floor, Toronto, Ontario M5H 2Y2 or by
telephone at 1-855-845-5393.
“We” will then advise “you” on the next steps.
2. AGREEMENT
In return for payment of the premium, and subject to the policy terms, definitions, conditions, exclusions and limitations set out in this
policy and the Policy Declaration Page, the “Insurer” will provide insurance for “legal costs” incurred for insured events described in
this policy, provided that:
(a) the “date of occurrence” of the insured event happens within the period the “Insurer” has agreed to cover an “insured person”; and
(b) the insured event occurs within the “territorial limit” and any legal proceedings will be dealt with by a court, or other body which
“we” agree to, within the “territorial limit”; and
(c) the “legal costs” are incurred after the claim has been accepted by “us”, and are limited to:
(i) the reasonable and necessary costs, inclusive of any applicable sales or retail taxes, incurred by the “appointed representative”,
including any additional expenses and disbursements such as court fees, experts’ fees, police reports and medical reports
incurred by the “appointed representative”;
(ii) costs awarded by a court in Canada to opponents in civil cases if the “insured person” has been ordered to pay them, or pays
them with our agreement; and
(iii) the cost of the “insured person’s” net salary or wages, that are not otherwise payable or recoverable, for the time that they are
off work to attend any court proceeding, tribunal, arbitration, mediation or other hearing at the request of the “appointed
representative”, up to a maximum of $500 per “insured person” per day, and $10,000 in total in respect of all claims resulting
from any one court or tribunal proceeding, arbitration, mediation or other hearing; and
(d) for civil cases and appeals relating to any insured event, “reasonable prospects” exist for the duration of the claim.
Except where stated otherwise, the “Insurer” will not pay “legal costs” incurred with respect to the enforcement of judgments or final
orders, or settlement agreements, or minutes of settlement, which may arise in the pursuit or defence of “your” legal rights from an
accepted claim under this policy.
Except where stated otherwise, the “Insurer” will pay “legal costs” incurred in making or defending an appeal, as long as:
(i) the matter being appealed was previously accepted as a claim under this policy;
(ii) the “insured person” tells “us” within the time limits allowed to file an appeal that they want to appeal (and within reasonable
time to allow for the filing of all necessary documents for an appeal); and
(iii) “we” agree there are “reasonable prospects” of success for the appeal.
The policy, together with the Policy Declaration Page and any endorsement, and incorporating the application and any information
“you” have provided, forms the contract of insurance between “you” and the “Insurer”.
This is not a policy for reimbursement of “legal costs” you have already incurred.
3. LIMIT OF INDEMNITY UNDER THIS POLICY
The “Insurer” will pay up to the Limit of Indemnity per claim shown above in the Legal Expense Coverage Summary in respect of
“legal costs” related to all claims resulting from one or more events arising at the same time or from the same originating cause.
Subject to the above, the “Insurer” will pay, in aggregate, “legal costs” of no more than the Aggregate Limit Per Annual Period shown
above in the Legal Expense Coverage Summary in respect of all claims that arise during that period of insurance that result from
different originating causes.
4. INSURED EVENTS
(a) EMPLOYMENT DISPUTES
(i) What Is Covered
The “Insurer” will pay “your” “legal costs” to defend “your” legal rights:
(1) following the dismissal of an employee; or
(2) in legal proceedings in respect of any dispute with an employee or ex-employee which:
(a) arises out of, or relates to, a “contract of employment” with “you”;
(b) arises from an alleged breach of their statutory rights under employment legislation; or
(c) arises from an alleged breach of their rights under applicable human rights legislation, as it relates to their
employment.
(ii) What Is Not Covered
Any claim relating to:
(1) death, illness or bodily injury, and/or loss of or damage to property;
(2) the negotiation of a collective bargaining agreement, a general work disruption (including but not limited to a strike,
work slowdown or a work to rule campaign), or dispute made pursuant to a collective bargaining agreement; or
(3) a contract for services.
(b) LEGAL DEFENCE
(i) What Is Covered
At “your” request, the “Insurer” will pay “legal costs”:
(1) to defend an “insured person’s” legal rights in relation to:
(a) their being investigated by the police in respect of an alleged “criminal offence”;
(b) their being prosecuted for an alleged “criminal offence”;
(c) a civil action being taken against them for compensation in connection with a failure or alleged failure to comply
with requirements under protection of privacy legislation; or
(d) an investigation or prosecution against them under applicable occupational health and safety legislation;
(2) to defend an “insured person’s” (other than “your”) legal rights if civil action is taken against them in their capacity as a
trustee of a pension fund set up for the benefit of “your” employees;
(3) to represent an “insured person” in appealing against the imposition or terms of any statutory notice issued under
legislation affecting “your” business;
(4) to respond to a Notice for Production issued against an “insured person”, under the “Federal Anti-Spam Legislation”;
(5) to make representations on behalf of an “insured person” who has been issued a Notice of Violation, under the “Federal
Anti-Spam Legislation”; or
(6) to defend an “insured person” against a private action brought by an individual made under the “Federal Anti-Spam
Legislation”.
(ii) What Is Not Covered
Any claim relating to:
(1) an “insured person” being prosecuted in connection with the ownership, use or operation of a “motor vehicle”;
(2) any offence against any “insured person” for refusing to comply with a request by a designated person who is carrying
out their duties and functions under the “Federal Anti-Spam Legislation”; or
(3) any offence against any “insured person” who obstructs or hinders, or knowingly makes a false or misleading statement
or provides false or misleading information to, a designated person who is carrying out their duties and functions under
the “Federal Anti-Spam Legislation”.
(c) CONTRACT DISPUTES AND DEBT RECOVERY
(i) What Is Covered
The “Insurer” will pay “legal costs” to pursue or defend “your” legal rights in a dispute relating to an agreement or an alleged
agreement which has been entered into by “you” or on “your” behalf for:
(1) selling or buying “goods”; or
(2) providing or obtaining services,
provided that:
(a) the amount in dispute exceeds $1,000; and
(b) if the dispute relates to money owed to “you” to which a construction lien would apply, then a claim must be made
under this policy within 30 days of the money becoming due and payable.
(6) a “motor vehicle”, other than physical damage to “motor vehicles” where “you” are engaged in the business of
purchasing, selling, leasing, repairing or performing maintenance upon “motor vehicles”;
(7) mining, subsidence, heave or landslide; or
(8) defending “your” legal rights, other than in defending a counter-claim.
(f) BODILY INJURY
(i) What Is Covered
At “your” request, the “Insurer” will pay an “insured person’s” “legal costs” to pursue their legal rights following a specific
or sudden accident which causes their death, illness or bodily injury.
(ii) What Is Not Covered
Any claim relating to:
(1) a dispute with any provincial workers’ compensation board;
(2) psychological injury or mental illness unless the condition arises from a specific or sudden accident that has caused
physical bodily injury;
(3) death, illness or bodily injury arising from a sudden accident which involves an “insured person’s” ownership, use or
operation of a “motor vehicle”; or
(4) defending an “insured person’s” legal rights, other than in defending a counter-claim.
(g) TAX PROTECTION
(i) What Is Covered
The “Insurer” will pay “legal costs” in respect of a “tax appeal” or a “tax audit” relating to:
(1) liability for income tax, GST, PST or HST arising from “your” business; or
(2) payroll deductions compliance by “your” business,
provided that “you” have taken reasonable care to ensure that all returns are complete and correct and submitted within the
statutory time limits allowed.
(ii) What Is Not Covered
Any claim relating to:
(1) a tax avoidance scheme, arrangement, or plan of any kind;
(2) “your” failure to register for GST, PST or HST; or
(3) an investigation or inquiry by the CRA into alleged gross negligence, dishonesty or “criminal offences”.
5. TELEPHONE LEGAL HELPLINE
“We” will provide “you” access to a Legal Helpline through which “you” can receive confidential general legal assistance and
information over the phone relating to any legal problem affecting “your” business to help determine your legal rights and options under
the laws of the applicable province and the federal laws of Canada. The lawyer cannot provide case specific research or review
documents.
“We” will provide this service between the hours of 8am and midnight, local time, 7 days a week. In addition, “we” will facilitate access
to a lawyer twenty-four hours a day, 7 days a week, in emergency situations. Calls to this service may be recorded.
To contact this service, call 1-855-845-5392.
“We” will not accept responsibility if the helpline service is unavailable for reasons “we” cannot control.
6. GENERAL EXCLUSIONS
This insurance does not apply to:
(a) Events not connected with your business
Any event not arising in connection with “your” business operations.
(b) Wilful acts
Any claim resulting from an act which is willfully committed, and the results of which are consciously intended, by any “insured
person”.
(n) Currency
All of the dollar limits described in this policy are in Canadian funds.
(o) Action Against Us or the Insurer
Any action or proceeding against “us” or the “Insurer” for the recovery of any claim under this policy is absolutely barred unless
commenced within 2 years after the “date of occurrence”, or prior to the expiry of the applicable limitation period in the province
where this policy was issued, whichever is earlier. Any such action or proceeding shall be held in the province where this policy
was issued and in accordance with its laws and the federal laws of Canada.
(p) Communication With Us
The “insured person” can communicate with “us” by telephone, mail or email. New claims may also be reported to “us” by mail or
telephone, or via “our” website.
8. DEFINITIONS
The following definitions apply wherever these words or phrases appear in quotation marks in the policy:
(1) Appointed representative
The lawyer, accountant or other suitably qualified person appointed by “us” on behalf of the “insured person” to act for an “insured
person”.
(2) Broker
The company, as identified on the Policy Declaration Page for this DAS policy, which facilitated the purchase of this DAS Policy
by “you”.
(3) Contract of Employment
Written agreement between the employer and employee setting out both party's rights, duties and obligations.
A “contract of employment” does not include a collective agreement covering a group of employees who are represented by a
union.
(4) Criminal offence
An offence under the Criminal Code of Canada (R.S.C., 1985, c. C-46).
(5) Date of occurrence
(i) For civil cases: the date of the event which leads to a claim. If there is more than one event arising at different times from the
same originating cause, the “date of occurrence” is the date of the first of these events.
(ii) For criminal cases: the date of the alleged criminal offence, or the earliest date in a series of related alleged criminal offences,
for which an “insured person” is charged.
(iii) For licence or registration appeals: when “you” were first informed by the relevant licensing or regulatory authority of their
proposal to review, suspend, alter the terms of, refuse to renew or cancel “your” licence.
(iv) For a “tax appeal”: when the Canada Revenue Agency (CRA) or a provincial tax authority first issues “you” a notice of
assessment, reassessment or determination with which “you” disagree.
(v) For a “tax audit”: when the CRA or a provincial tax authority first contacts “you” in relation to commencing an audit.
The insured event must occur within the period the “Insurer” has agreed to cover the “insured person”.
(6) Federal Anti-Spam Legislation
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance
on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications
Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the
Telecommunications Act, S.C. 2010, c. 23.
(7) Goods
Any object which is not attached to “real property”, except by its own weight, and can be removed without damage or alterations
to the “real property” requiring repair.
Any object which is plugged in and can be removed without any damage or alteration to the “real property”.
(8) Insured person
“You” and “your” directors, officers, partners, managers and employees.
Anyone claiming under this policy must have “your” agreement to claim.
(9) Insurer
Temple Insurance Company.
(10) Legal costs
In respect of the insured events described in this policy:
(i) all reasonable and necessary costs, inclusive of any applicable sales or retail taxes, incurred by the “appointed representative”
including any additional expenses and disbursements such as court fees, experts’ fees, police reports and medical reports;
(ii) the costs awarded by a court in Canada to opponents in civil cases if the “insured person” has been ordered to pay them, or
pays them with “our” agreement; and
(iii) the “insured person’s” net salary or wages, that are not otherwise payable or recoverable, for the time that they are off work
to attend any court proceeding, tribunal, arbitration, mediation or other hearing at the request of the “appointed representative”,
up to a maximum of $500 per “insured person” per day, and $10,000 in total in respect of all claims resulting from any one
court or tribunal proceeding, arbitration, mediation or other hearing.
(11) Motor vehicle
Includes an automobile, a motorcycle, a motor assisted bicycle, and any other vehicle propelled or driven otherwise than by
muscular power.
(12) Reasonable prospects
For civil cases “reasonable prospects” means that “we” agree that it is always more likely than not that an “insured person” will
recover losses or damages (or obtain other legal remedy which “we” have agreed to) or make a successful defence.
For appeals relating to any insured event, “reasonable prospects” means that “we” agree that it is always more likely than not that
the appeal will be successful.
(13) Real property
Real property is land, and anything growing on, affixed to, or built upon land. This also includes man-made buildings as well as
crops. Real p roperty is characterized as property that doesn't move, or that is attached to the land.
(14) Tax appeal
An appeal regarding an assessment, reassessment or determination made by the CRA or a provincial tax authority, including an
administrative appeal to the CRA or a provincial tax authority and an appeal to the Tax Court of Canada or a superior court of a
province.
(15) Tax audit
An inspection and verification by the CRA or a provincial tax authority of “your” financial accounting records to determine whether
or not “you” have paid the correct amount of tax.
(16) Territorial limit
Canada.
(17) We, us, our
DAS Legal Protection Inc. who has been authorized by the “Insurer” to act as the insurance manager for this policy.
(18) You, your
The Named Insured shown on the Declarations.
This list is not exhaustive. However, your personal information will always be used or disclosed in accordance with applicable Canadian
privacy laws. Temple, DAS and its employees, agents, independent brokers and suppliers understand the importance of keeping your personal
information protected and confidential. Information will be used only for the purposes intended. Temple and DAS have also established
physical and systems safeguards, along with proper processes, to protect customer information from unauthorized access or use.
For further information, please see our Privacy Policy on our website at:
English: https://www.munichre.com/ca/risk-solutions/service/privacy-statement/index.html
French: https://www.munichre.com/ca/risk-solutions/service/Politique-de-confidentialite/index.html
For our Customer Complaint Procedures, please see our website at:
English: https://www.munichre.com/ca/risk-solutions/service/complaints/index.html
French: https://www.munichre.com/ca/risk-solutions/service/ Politique-de-confidentialite/index.html
You may also contact the Temple Insurance Privacy Officer, as follows:
In writing:
Privacy Officer
Temple Insurance Company
390 Bay Street, 22nd Floor
Toronto, Ontario M5H 2Y2
By Email: privacyofficer@templeins.com
By Phone: 416-364-2851 or toll-free at 1-877-364-2851
By Fax: 416-361-1163
O.E.F. No. 71
Excluding Owned Automobiles Endorsement
(For attachment only to Garage Policy O.A.P. 4)
In consideration of the reduced premium, it is agreed that under Item 5, Section 1 (Third Party Liability), Section 2 (Accident Benefits),
Section 3 (Uninsured Automobile Coverage), Section 4 (Direct Compensation-Property Damage) and Section 5 (Loss or Damage to Owned
Automobiles) of the Certificate of Insurance shall not apply to loss or damage arising from the ownership, use or operation of any
automobile owned, hired or leased by or licensed in the name of the Insured.
Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the Policy shall
have full force and effect.
________________________________________________________ ________________________________
Signature of Insured Date
O.E.F. No. 77
Liability For Comprehensive Damage To A Customer's
Automobile Endorsement (Including Open Lot Theft)
(For Ontario Garage Automobile Policy O.A.P. 4)
In consideration of the premium charged it is agreed that Item 5, subsection 6.4 of Section 6, of the Certificate of Insurance is amended to
read as shown in the schedule of endorsements attached to this policy.
It is agreed that in Section 6, subsections 6.4, 6.5 and 6.6, 6.7 of the Policy are deleted and replaced as follows:
4. The Insurer agrees to pay on the Insured's behalf all sums which the Insured is legally obligated to pay in respect of loss or damage to a
customer’s automobile, including its equipment, while attached to the automobile and including reimbursement of expenses incurred
for taxicabs, public transportation or rental of a substitute automobile for:
Comprehensive - caused by any peril other than by collision with another object or another automobile upon which it is being transported,
or by upset of either automobile, provided that,
1. “another object” includes an automobile to which the automobile is attached or upon which it is being transported, and the
surface of the ground and any object in or on the surface; and
2. “peril” includes, but is not limited to those perils listed under subsection 6.4 (Specified Perils), falling or flying objects, missiles
and vandalism.
Limit Of Liability Applicable To Section 6.4
6.5 The Insurer SHALL NOT BE LIABLE,
1. in respect of any one occurrence for,
(a) any amount in excess of the Limit of Liability stated in the Certificate of Insurance at each specified location, and
expenditures provided for in the Additional Agreements of Section 6 of the Policy;
(b) any amount at a newly acquired location in excess of the lowest limit of liability stated for any specified location; and
(c) loss or damage to more than four customers' automobiles at any location not used by the Insured in the business specified in
Item 3 of the Certificate of Insurance.
Exclusions
6.6 The Insurer SHALL NOT BE LIABLE for loss or damage,
(a) from the explosion of tires, or consisting of or caused by mechanical fracture or breakdown of any part of the automobile, or by
rusting, corrosion, wear and tear, freezing, or explosion within the combustion chamber, BUT the Insurer will be liable if the loss
or damage is coincident with other loss or damage which is covered by subsection 6.4;
(b) caused directly or indirectly by contamination by radioactive material;
(c) to contents of automobiles or trailers, other than their equipment;
(d) for more that $25 for recorded material and equipment for use with a playing or recording unit. The Insurer shall not be liable for
recorded material or equipment not contained within or attached to the playing or recording unit. Recorded material includes, but
is not limited to, tapes, compact discs, video cassettes, and digital video discs.
Deductible
6.7 Each occurrence causing loss or damage covered under subsection 6.4 shall give rise to a separate claim.
The Insurer’s liability for each claim shall be limited to the amount of loss or damage in excess of the deductible amount payable by
the Insured as stated in the Certificate of Insurance, but subject to the Limit of Liability for the location at which the loss occurred.
No deductible amount is payable by the Insured under this subsection where loss or damage is caused by fire or lightning.
Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the Policy shall
have full force and effect.
O.E.F. No. 81
Garage Family Protection Endorsement
(For Ontario Garage Automobile Policy O.A.P. 4)
DEFINITIONS
1. Subject to section 2, in this endorsement,
1.1 “automobile” means a vehicle for which motor vehicle liability insurance would be required if it were subject to the law of
Ontario.
1.2 “dependent relative” means
a) a person who is principally dependent for financial support upon the Named Insured or his or her spouse, and who is
i) under the age of 18 years;
ii) 18 years or over and is mentally or physically incapacitated;
iii) 18 years or over and in full time attendance at a school, college or university;
b) a relative of the Named Insured or of his or her spouse, who is principally dependent on the Named Insured or his or her
spouse for financial support;
c) a relative of the Named Insured or of his or her spouse, who resides in the same dwelling premises as the Named Insured;
and
d) a relative of the Named Insured or of his or her spouse, while an occupant of an owned automobile, as defined in the Policy.
BUT subsections 1.2 (c) and 1.2 (d) apply only where the person injured or killed is not an insured person as defined in the
family protection coverage of any other policy of insurance or does not own, or lease for more than 30 days, an automobile which
is licensed in any jurisdiction of Canada where family protection coverage is available.
1.3 “eligible claimant” means
a) the insured person who sustains bodily injury; and
b) any other person who, in the jurisdiction in which an accident occurs, is entitled to maintain an action against the
inadequately insured motorist for damages because of bodily injury to or death of an insured person.
1.4 “family protection coverage” means the insurance provided by this endorsement and any similar indemnity provided under any
other contract of insurance.
1.5 “inadequately insured motorist” means
a) the identified owner or identified driver of an automobile for which the total motor vehicle liability insurance or bonds, cash
deposits or other financial guarantees as required by law in lieu of insurance, obtained by the owner or driver is less than the
limit of family protection coverage; or
b) the identified owner or identified driver of an uninsured automobile as defined in Section 3 (Uninsured Automobile
Coverage) of the Policy;
PROVIDED THAT
(A) where an eligible claimant is entitled to recover damages from an inadequately insured motorist and the owner or operator of
any other automobile, for the purpose of
i) a) above, and
ii) determining the Insurer’s limit of liability under section 4 of this endorsement, the limit of motor vehicle liability
insurance shall be deemed to be the aggregate of all limits of motor vehicle liability insurance and all bonds, cash
deposits or other financial guarantees as required by law in lieu of such insurance, for all of the automobiles; and
(B) where an eligible claimant is entitled to recover damages from the identified owner or identified driver of an uninsured
automobile as defined in the Policy, for the purpose of
i) a) and b) above; and
ii) determining the limit of coverage under section 4 of this endorsement;
other uninsured automobile coverage available to the eligible claimant shall be taken into account as if it were motor vehicle
liability insurance with the same limits as the Uninsured Automobile Coverage.
(C) where an eligible claimant alleges that both the owner and driver of an automobile referred to in clause 1.5(b) cannot be
determined, the eligible claimant’s own evidence of the involvement of such automobile must be corroborated by other
material evidence; and
(D) “other material evidence” for the purposes of this subsection means:
i) independent witness evidence, other than the evidence of a spouse as defined in section 1.11 and 1.10 of this change
form or a dependent relative as defined in section 1.2 of this endorsement; or
7. The amount payable under this endorsement to an eligible claimant is excess to an amount received by the eligible claimant from any
source, other than money payable on death under a policy of insurance, and is excess to amounts that were available to the eligible
claimant from,
a. the Insurers of the inadequately insured motorist, and from bonds, cash deposits or other financial guarantees given on behalf of
the inadequately insured motorist;
b. the Insurers of a person jointly liable with the inadequately insured motorist for, the damages sustained by an insured person;
c. the Societe de l’assurance automobile du Quebec;
d. an unsatisfied judgment fund or similar plan or which would have been payable by such fund or plan had this endorsement not
been in effect;
e. the uninsured automobile coverage of a motor vehicle liability policy;
f. an automobile accident benefits plan applicable in the jurisdiction in which the accident occurred;
g. a law or policy of insurance providing disability benefits or loss of income benefits or medical expense or rehabilitation benefits;
h. any applicable Workers’ Compensation Act or similar law of the jurisdiction in which the accident occurred;
i. the family protection coverage of another motor vehicle liability policy.
8. If the Insurer is presented with claims by more than one eligible claimant and the total amount payable to the eligible claimants
exceeds the limit of the Insurer’s liability under sections 4 and 5 of this endorsement, the Insurer shall pay to each eligible claimant a
pro rata portion of the amount otherwise payable to each eligible claimant; and if payments are made to eligible claimants prior to the
receipt of actual notice of any additional claim, the limits in sections 4 and 5 shall be the amount calculated under those sections less
the amounts paid to the prior eligible claimants.
DETERMINATION OF THE AMOUNT RECOVERABLE
9. The amount that an eligible claimant is entitled to recover shall be determined in accordance with the procedures set forth for
determination of the issues of quantum and liability under Section 3 (Uninsured Automobile Coverage) of the Policy.
10. In determining the amount that an eligible claimant is entitled to recover from the inadequately insured motorist, issues of quantum
shall be decided in accordance with the law of Ontario, and issues of liability shall be decided in accordance with the law of the place
where the accident occurred.
11. In determining any amounts that an eligible claimant is entitled to recover, no amount shall be included with respect to prejudgment
interest which accumulated prior to notice as required by section 15 of this endorsement.
12. In determining any amounts that an eligible claimant is entitled to recover, no amount shall be included with respect to punitive,
exemplary, aggravated or other damages awarded in whole or in part because of the conduct of the inadequately insured motorist or
the person jointly liable with him or her, unless these damages are for the purpose of compensating the eligible claimant for losses
actually incurred.
13. In determining any amounts an eligible claimant is entitled to recover from an inadequately insured motorist, no amount shall be
included with respect to costs.
14. For the purposes of this endorsement, the findings of a court with respect to issues of quantum or liability are not binding on the
Insurer unless the Insurer was provided with a reasonable opportunity to participate in those proceedings as a party.
PROCEDURES
15. The following requirements are conditions precedent to the liability of the Insurer to an eligible claimant under this endorsement:
a. the eligible claimant shall promptly give written notice, with all available particulars, of any accident involving injury to or death
of an insured person and of any claim made on account of the accident;
b. the eligible claimant shall, upon request, provide details of any policies of insurance other than life insurance to which the
eligible claimant may have recourse;
c. the eligible claimant and the insured person shall submit to examination under oath, and shall produce for examination at such
reasonable place and time as is designated by the Insurer or its representative, all relevant documents in their possession or
control, and shall permit extracts and copies of them to be made.
16. Where an eligible claimant commences a legal action for damages for bodily injury or death against any other person owning or
operating an automobile involved in the accident, a copy of the initiating process shall be delivered or sent by registered mail
immediately to the chief agent or head office of the Insurer in Ontario together with particulars of the insurance and loss.
17. Every action or proceeding against the Insurer for recovery under this endorsement shall be commenced within 12 months of the date
that the eligible claimant or his or her representative knew or ought to have known that the quantum of claims with respect to an
insured person exceeded the minimum limits for motor vehicle liability insurance in the jurisdiction in which the accident occurred,
but this requirement is not a bar to an action which is commenced within 2 years of the date of the accident.
MULTIPLE COVERAGES
18. The following rules apply where an eligible claimant is entitled to payment under family protection coverage under more than one policy
a. 1) if he or she is an occupant of an automobile, such insurance on the automobile in which the eligible claimant is an occupant
is first loss insurance and any other such insurance is excess;
2) if he or she is not an occupant of an automobile, such insurance in any policy in the name of the eligible claimant is first loss
insurance and any other such insurance is excess.
b. all applicable first loss family protection coverage shall be apportioned on a pro rata basis, but in no event shall the aggregate
payment under all such insurances exceed the highest limit of coverage provided by any one of such first loss insurances;
c. the applicable first loss insurance shall be exhausted before recourse is made to excess insurances;
d. all applicable excess family protection coverage shall be similarly apportioned on a pro rata basis but in no event shall the
aggregate payment under all such insurances exceed the highest limit of coverage, as defined in section 5, which is provided by
any one of such excess insurances.
ACCIDENTS IN THE PROVINCE OF QUEBEC
19. This endorsement does not apply to an accident occurring in the Province of Quebec for which compensation is payable under the
Automobile Insurance Act (Quebec) or under an agreement referred to in that Act.
SUBROGATION
20. Where a claim is made under this endorsement, the Insurer is subrogated to the rights of the eligible claimant by whom a claim is
made, and may maintain an action in the name of that person against the inadequately insured motorist and the persons referred to in
section 7 of this endorsement.
ASSIGNMENT OF RIGHTS OF ACTION
21. Where a payment is made under this endorsement, the Insurer is entitled to receive from the eligible claimant an assignment of all
rights of action, whether judgment is obtained or not, and the eligible claimant undertakes to cooperate with the Insurer, except in a
pecuniary way, in the pursuit of any subrogated action or any right of action so assigned.
MISCELLANEOUS
22. If this endorsement applies to more than one automobile, coverages shall be construed as if provided by separate policies of insurance
with respect to each automobile to which this endorsement applies, subject to the provisions of section 18 of this endorsement.
Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the Policy to which
this endorsement is attached shall have full force and effect.