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Third
Session, 46th General Assembly 59
Elizabeth II, 2010 |
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AN ACT TO AMEND THE
ACCIDENT |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
KEVIN O'BRIEN Minister
of Government Services |
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Ordered
to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Acts contained in it to harmonize the definitions of the types of insurance that they regulate with the definitions of those types of insurance found in the Insurance Companies Act. That Act is being amended in conjunction with the amendments proposed in this Bill. |
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A BILL AN ACT TO AMEND THE ACCIDENT Analysis ACCIDENT
1.
S.2 Amdt. 2.
S.3 Amdt. 3.
S.12 Amdt. 4.
S.14 R&S 5.
S.42 Amdt. AUTOMOBILE INSURANCE ACT 6.
S.2 Amdt. 7.
S.34 Amdt. 8.
S.35 Amdt. 9.
S.2 Amdt. 10.
S.5 Amdt. 11.
S.37 Amdt. 12.
S.44 Amdt. INSURANCE CONTRACTS ACT 13.
S.2 Amdt. 14.
S.8 Amdt. 15.
S.18 R&S 19.
S.2 Amdt. 20.
S.3.1 Added 21.
S.15 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: ACCIDENT RSNL1990 cA-2 1. (1) Paragraph 2(a) of the Accident and Sickness Insurance Act is repealed and the following substituted: (a) "accident and sickness insurance"
means accident and sickness insurance as defined in the Insurance Companies Act; (2) Paragraph 2(b) of the Act is repealed. (3) Paragraph 2(k) of the Act is repealed. (4) Paragraph 2(m) of the Act is repealed and the following substituted: (m) "fraternal society" means a society, order or association incorporated for the purpose of making with its members only and not for profit contracts of life or accident and sickness insurance under which benefits may be paid only to its members or their beneficiaries in accordance with its constitution and laws and this Act; (5) Paragraph 2(r) of the Act is repealed and the following substituted: (r) "insurance" means accident and sickness insurance; (6) Paragraph 2(v) of the Act is repealed and the following substituted: (v) "life insurance" means life insurance as defined in the Insurance Companies Act; (7) Paragraph 2(z) of the Act is repealed. 2. (1) Paragraph 3(3)(a) of the Act is repealed and the following substituted: (a) insurance undertaken by an insurer as part of a contract of life insurance where the insurer undertakes to pay an additional sum of insurance money in the event of the death by accident of the person whose life is insured; (2) Paragraph 3(3)(c) of the Act is repealed and the following substituted: (c) insurance undertaken by an insurer as part of a contract of life insurance where the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease; or 3. Section 12 of the Act is amended by deleting Statutory Condition 4 and substituting the following: Relation of Earnings to Insurance 4. (1) Where the benefits for loss of time payable under this contract, either alone or together with benefits for loss of time under another contract, exceed the money value of the time of the person insured, the insurer is liable only for that proportion of the benefits for loss of time stated in this policy that the money value of the time of the person insured bears to the aggregate of the benefits for loss of time payable under those contracts and the excess premium paid by the insured shall be returned to him or her by the insurer. (2) The other contract referred to in statutory condition 4(1) may include, (a) a contract of group accident and sickness insurance; or (b) a life insurance contract where the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease. 4. Section 14 of the Act is repealed and the following substituted: Notice of statutory conditions 14. In a policy of accident and sickness insurance of a non-renewable type issued for a term of 6 months or less or in relation to a ticket of travel, the statutory conditions need not be printed on or attached to the policy where the policy contains the following notice printed in conspicuous type: "Notwithstanding another provision contained in this policy, this contract is subject to the statutory conditions in the Accident and Sickness Insurance Act, respecting contracts of accident and sickness insurance." 5. (1) Subsection 42(1) of the Act is amended by renumbering paragraph (a) as (a.1) and by adding immediately before paragraph (a.1) the following: (a) "insurance" means insurance undertaken by an insurer as part of a contract of accident and sickness insurance which insures against loss resulting from bodily injury to, or the death of, a person caused by an accident or under which the insurer undertakes to pay a certain sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident; (2) Paragraph 42(1)(a.1), subsections (2), (9) and (10), paragraphs (11)(a) and (c) and subsection (13) of the Act are amended by striking out the word "accident". AUTOMOBILE INSURANCE ACT RSNL1990 cA-22 6. Paragraph 2(1)(b) of the Automobile Insurance Act is repealed and the following substituted: (b) "automobile insurance" means automobile insurance as defined in the Insurance Companies Act; 7. Paragraph 34(1)(a) of the Act is repealed and the following substituted: (a) of or insured for a person who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance against liability arising out of bodily injury to, or the death of, a person caused by an automobile or the use or operation of an automobile is provided under the contract; and 8. Paragraph 35(1)(a) of the Act is repealed and the following substituted: (a) a person who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance against liability arising out of bodily injury to, or the death of, a person caused by an automobile or the use or operation of an automobile is provided under the contract; and INSURANCE ADJUSTERS, AGENTS RSNL1990 cI-9 9. (1) Paragraph 2(a) of the Insurance Adjusters, Agents and Brokers Act is repealed and the following substituted: (a) "accident and sickness insurance" means accident and sickness insurance as defined in the Insurance Companies Act; (2) Paragraph 2(b) of the Act is repealed. (3) Subparagraph 2(c)(i) of the Act is amended by striking out the word "guarantee" and substituting the word "surety". (4) Paragraphs 2(l), (m) and (n) of the Act are repealed. (5) Paragraph 2(t) of the Act is repealed and the following substituted: (t) "life insurance" means life insurance as defined in the Insurance Companies Act; (6) Section 2 of the Act is amended by deleting the period at the end of paragraph (cc) and substituting a semicolon and the word "and" and by adding immediately after paragraph (cc) the following: (dd) "surety insurance" means surety insurance as defined in the Insurance Companies Act. 10. Subsection 5(4) of the Act is repealed and the following substituted: (4) Every licensee shall be covered by a policy of insurance against liability in respect of an occurrence with regard to errors and omissions, and other insurance, in the amounts that may be prescribed by the regulations. 11. Subsection 37(1) of the Act is repealed and the following substituted: Collectors of insurance premiums 37. (1) A collector of life insurance premiums and premiums for insurance undertaken by an insurer as part of a contract of accident and sickness insurance which insures against loss resulting from bodily injury to, or the death of, a person caused by an accident or under which the insurer undertakes to pay a certain sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident, who does not solicit applications for or the renewal or continuance of insurance contracts or act or aid in negotiating those contracts or the renewal of those contacts, may carry on a business without a licence. 12. Paragraph 44(h) of the Act is repealed and the following substituted: (h) requiring adjusters, agents, brokers or representatives to furnish a surety bond or other security on the form and terms and in the amount that the superintendent prescribes and requiring a certificate of insurance against liability in respect of an occurrence with regard to errors and omissions, in the amount the superintendent prescribes; INSURANCE CONTRACTS ACT RSNL1990 cI-12 13. (1) Paragraph 2(a) of the Insurance Contracts Act is repealed and the following substituted: (a) "accident and sickness insurance" means accident and sickness insurance as defined in the Insurance Companies Act; (2) Paragraph 2(d) of the Act is repealed and the following substituted: (d) "automobile insurance" means automobile insurance as defined in the Insurance Companies Act; (3) Paragraphs 2(h) and (i) of the Act are repealed. (4) Section 2 of the Act is amended by adding immediately before paragraph (j) the following: (i.1) "fire insurance" means fire insurance as defined in the Insurance Companies Act; (5) Paragraph 2(k) of the Act is repealed. (6) Paragraph 2(p) of the Act is repealed and the following substituted: (p) "life insurance" means life insurance as defined in the Insurance Companies Act; (7) Paragraph 2(w) of the Act is repealed. (8) Section 2 of the Act is amended by deleting the period at the end of paragraph (x) and substituting a semicolon and the word "and" and by adding immediately after paragraph (x) the following: (y) "surety insurance" means surety insurance as defined in the Insurance Companies Act. 14. Subsection 8(2) of the Act is repealed and the following substituted: (2) This section does not apply to a contract of surety insurance. 15. Section 18 of the Act is repealed and the following substituted: Violations of criminal and other law 18. Unless the contract otherwise provides, a violation of a criminal or other law in force in the province or elsewhere shall not automatically render unenforceable a claim for indemnity under a contract except where the violation is committed by the insured or by another person with consent of the insured with intent to bring about loss or damage but in the case of a contract of life insurance this section applies only where the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease. RSNL1990 cL-14 19. (1) Paragraph 2(a) of the Life Insurance Act is repealed. (2) Paragraph 2(i) of the Act is repealed. (3) Paragraph 2(k) of the Act is repealed and the following substituted: (k) "fraternal society" means a society, order or association incorporated for the purpose of making with its members only and not for profit contracts of life or accident and sickness insurance in accordance with its constitution, by-laws and rules and this Act; (4) Paragraph 2(u) of the Act is repealed and the following substituted: (u) "life insurance" means life insurance as defined in the Insurance Companies Act; 20. The Act is amended by adding immediately after section 3 the following: Undertaking to provide an annuity 3.1 For the purpose of this Act, an undertaking entered into by an insurer to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount, is considered to be and always to have been insurance, whether the annuity is for (a) a term certain; or (b) a term dependent solely or partly on the happening of an event not related to human life. 21. Subsection 15(3) of the Act is repealed and the following substituted: (3) This section does not apply to a misstatement of age or to insurance undertaken by an insurer as part of a contract of life insurance where the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease. ŠEarl G. Tucker, Queen's Printer |