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First
Session, 49th General Assembly 69 Elizabeth II, 2020 |
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AN ACT TO AMEND THE
INSURANCE CONTRACTS ACT |
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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 SARAH STOODLEY Minister of Digital Government and Service Newfoundland and Labrador |
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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 Insurance Contracts Act to provide
increased protection for innocent co-insured policy holders. A BILL AN ACT TO AMEND THE INSURANCE CONTRACTS ACT Analysis 1. S.18.1 Added Recovery by innocent persons 2. S.28 Added Regulations Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cI-12 1. The Insurance Contracts Act is amended by adding immediately after section 18 the following: Recovery by innocent persons 18.1 (1) Notwithstanding section 18, where a contract contains a term or condition excluding coverage for loss or damage to property caused by a criminal or intentional act or omission of an insured or any other person, the exclusion applies only to the claim of a person (a) whose act or omission caused the loss or damage; (b) who abetted or colluded in the act or omission; (c) who (i) consented to the act or omission, and (ii) knew or ought to have known that the act or omission would cause the loss or damage, or (d) who is not a natural person. (2) Nothing in subsection (1) allows a person whose property is insured under the contract to recover more than the person's proportionate interest in the lost or damaged property. (3) A person whose coverage under a contract would be excluded but for subsection (1) shall (a) co-operate with the insurer in respect of the investigation of the loss, including submitting to an examination under oath where requested by the insurer; (b) in addition to producing any documents required by the contract, produce for examination, at a reasonable place and time specified by the insurer, all documents in the person's possession or control that relate to the loss; and (c) comply with any other requirements prescribed by the regulations. 2. The Act is amended by adding immediately after section 27 the following: Regulations 28. The Lieutenant-Governor in Council may make regulations (a) prescribing requirements with which persons shall comply for the purpose of paragraph 18.1(3)(c); and (b) generally to give effect to the purposes of this Act. ©Queen's Printer |