Comprehensive
Insurance Policy
Homeowner • Condominium • Renters
Effective July 1, 2012
Comprehensive Insurance Policy
British Columbia
How to Read and Understand Your Policy
Your complete policy is made up of the application, this “Comprehensive” policy wording
booklet and the declaration page(s) provided to you. This booklet defines the coverages
offered by the BCAA Insurance Corporation through its duly appointed insurance
agencies. It has been written as clearly as possible to help you better understand the
insurance protection you have purchased. The declaration page(s) describe your property,
the amounts of insurance provided and the premiums charged. There are a variety of
coverages available and only those coverages for which a description and a premium are
indicated on your declaration page(s) apply to you.
This policy wording consists of five sections:
Section 1 – Property Coverages:
describes the insurance on your property and is
identified on the declaration page as; Homeowner,
Condominium, Tenant or Mobile Homeowner
policy type.
Section 2 – Liability Coverages:
describes the insurance coverage in case you
or an insured person under this policy is legally
responsible for an injury to another person or
damage to someone else’s property.
Section 3 – Optional Coverages:
describes optional coverages available to enhance
your insurance protection.
Section 4 – Additional Conditions:
describes additional conditions, which are
applicable to Sections 1, 2 and 3.
Section 5 – Definitions:
describes the definitions, which are applicable to
your entire policy, including Sections 1, 2, 3 and 4.
In order to determine what coverages you have, simply read your declaration page –
insurance coverages apply when a description, amount or limit, rider number or premium
are shown.
If you need any assistance in understanding your declarations or this wording booklet, just
phone or visit your insurance agency representative.
Important
This policy contains various exclusions and limitations that eliminate or restrict coverage.
Please read it carefully. Insurance cannot be a source of profit. It is only designed to
indemnify the Insured against losses or expenses insured under this policy.
Every action or proceeding against an insurer for the recovery of insurance money payable
under the contract is absolutely barred unless commenced within the time set out in the
Insurance Act.
1
Index
Section 1.
Property Coverages
Homeowner, Tenant and Condominium Policy
1.1 Agreement
1.2 Coverage A – Dwelling Building
1.3 Coverage B – Detached Private Structures
1.4 Coverage C – Personal Property
1.5 Special Limits of Insurance
1.6 Coverage D – Additional Living Expense
1.7 Perils Insured
1.8 Loss or Damage Not Insured
1.9 Specified Perils
1.10 Basis of Claim Payment
1.11 Deductible
Section 2.
Liability Coverages
2.1 Agreement
2.2 Coverage E - Legal Liability
2.3 Coverage F – Voluntary Medical Payments
2.4 Coverage G – Voluntary Payment for Damage to Property
2.5 Special Liability Limitations
2.6 Loss or Damage Not Insured
2.7 Conditions
Section 3.
Optional Coverages
3.1 Agreement
3.2 Bed & Breakfast Rider R11
3.3 Building By-Law Rider R13
3.4 Earthquake Rider R6
3.5 Home Business Rider R14
3.6 Identity Theft Rider R50
3.7 Increased Strata Deductible Assessment Rider C10
3.8 No Glass Deductible Rider R4
3.9 Optional Liability Assessment Rider C9
3.10 Optional Property Assessment Rider C12
3.11 Premier Condominium Rider C11
3.12 Premier Home Rider R20
3.13 Premier Tenants Rider R25
3.14 Rental Advantage Rider R30
3.15 Rental Income Rider C5
3.16 Residential Rental Rider D1
3.17 Residence Glass Rider R1
3.18 Scheduled Personal Property Rider R2
3.19 Seasonal Burglary or Robbery Rider S2
3.20 Seasonal Dwelling Rider S1
3.21 Seasonal Vandalism Rider S3
3.22 Storage Rider R12
3.23 Voluntary Compensation for Employees Rider R3
3.24 DrainGuard Rider R5A
3.25 RoofGuard Rider R5B
3.26 Watercraft Rider R7
Section 4.
Additional Conditions
4.1 Standard Mortgage Clause
4.2 Statutory Conditions
4.3 Additional Conditions
Section5.
Definitions
5.1 Applicable to Sections 1, 2, 3 and 4
5.2 Additional Definitions Applicable to Section 2
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Section 1. Property Coverages
Homeowner, Tenant and Condominium Policy
1.1
Agreement
In consideration of the payment of the premium and when the declaration page indicates
an amount or limit of insurance applies, we provide the insurance described under that
coverage, subject to the terms and conditions set out.
The amounts of insurance are shown on the declaration page. A description of coverages
follows.
1.2
Coverage A – Dwelling Building
1.2.1
Description of Coverage
We insure:
1) The dwelling and attached structures.
2) Permanently installed outdoor equipment on the premises.
3) Swimming pools, hot tubs and attached equipment on the premises.
4) Materials and supplies located on or adjacent to the premises intended for use in
construction, alteration or repair of your dwelling or private structures on the premises.
1.2.2
Extensions of Coverage
These extensions of coverage do not increase the amounts of insurance stated in the
policy.
We insure:
1) Building Fixtures and Fittings: You may apply up to ten percent (10%) of the amount of
insurance on your dwelling to insure building fixtures and fittings temporarily removed
from the premises for repair or seasonal storage.
2) Zoning Bylaws: At your option, you may apply up to $10,000 of your Coverage A –
Dwelling Building limit for losses or increased costs of repair or replacement due to
the operation of any law regulating the zoning, demolition, repair or construction of
buildings and their related services.
3) Lock replacement: If as a result of theft, it is necessary for you to replace or alter the
locks on your dwelling; we will pay up to $1,000.
4) Fire department service charge: We will pay any charges for which you are legally
responsible up to $2,000, if the fire department was called because of a fire in, on, or
exposing your premises. No deductible applies to this coverage.
5) Outdoor trees, shrubs, plants, lawns, permanent ornamental landscaping structures
or rockeries: You may apply up to five percent (5%) in all, of the amount of insurance
on your dwelling to trees, shrubs, plants, lawns, permanent ornamental landscaping
structures or rockeries on your premises. We will not pay more than $1,000 for any
one (1) tree, shrub or plant including debris removal expenses. We insure these items
(except those grown for commercial purposes) against loss caused by fire, lightning,
explosion, theft, impact by aircraft or land vehicle, riot, vandalism or malicious acts
only.
6) Debris removal: We will pay the cost of cleaning and removal of debris as a result of
an Insured Peril. However, if debris removal is made necessary by a tree striking the
exterior and causing resulting insured damage to the dwelling building or detached
3
Property Coverages Cont'd
7)
8)
private structures on the premises, we will pay for tree removal up to a maximum limit
of $500.
Property removed: If you must remove insured property from your premises to protect
it from loss or damage, it is insured by this policy for seven (7) days or until your policy
term ends – whichever occurs first. The amount of insurance will be divided in the
proportions that the value of the property removed bears to the value of all insured
property at the time of loss.
Tear out: If any walls, ceilings or other parts of the insured dwelling or structure must
be removed or torn apart so that water damage covered by this policy can be repaired,
we will pay the cost of repairing that which had to be torn apart. The cost of tearing out
and replacing property to repair damage related to outdoor domestic water containers
or a public watermain is not insured.
1.3
Coverage B – Detached Private Structures
We insure private structures or outbuildings on your premises separated from the dwelling
by a clear space but not insured under Coverage A.
If you have more than one (1) detached structure, the amount of insurance coverage on
each will be divided in the proportions that the value of each structure has to the total value
of all your detached private structures at the time of loss.
1.4
Coverage C – Personal Property
1.4.1
Description of Coverage
We insure:
1) The contents of your dwelling or Strata Unit and other personal property you own,
wear or use, while on your premises, which is usual to the ownership or maintenance
of a dwelling or Strata Unit.
2) If you wish, we will include uninsured personal property of others while it is on that
portion of your premises which you occupy, but we do not insure property of roomers
or boarders who are not related to you.
3) Your personal property while it is temporarily away from your premises anywhere in
the world. If you wish, we will include uninsured personal property belonging to others
while it is in your possession or belonging to a residence employee traveling while in
service to you.
4) Your personal property stored in a commercial or personal storage facility for thirty
(30) consecutive days commencing from when you first place items in storage. After
thirty (30) days no coverage will apply. Personal property normally kept at any other
location you own is not insured.
5) Your personal property permanently removed from your principal premises, while
you are moving from the premises stated on the declaration page to another location
anywhere within the Province of British Columbia which you intend to occupy as your
principal residence. This coverage applies only for a period of seven (7) days from
the date you commence moving or until your policy term ends – whichever occurs
first.
4
Property Coverages Cont'd
1.4.2
1.4.2.1
Extensions of Coverage
Extensions that do not increase the amount of insurance
These extensions of coverage do not increase the amounts of insurance stated in the
policy.
We insure:
1) Student Property: Personal property owned by each member of your family who is a
student as defined in “You” and “Your”, up to a limit of $5,000.
2) Parents in a Care Facility: Personal property owned by the parents of the named
Insured, who are living in a long term care facility within the Province of British
Columbia, up to a limit of $5,000.
3) Personal Property kept in your Recreational Vehicle: Your personal property normally
kept in your recreational vehicle up to $3,000 in all but not including accessories and
equipment built into the recreational vehicle.
4) Damage to Premises: (Applies to Strata Unit Owners and Tenants only) At your option,
you may apply up to $500 of your Personal Property Insurance (Coverage C) to pay
for damage, not including fire damage:
a) to the principal residence premises directly caused by theft or attempted theft; or
b) to the interior of the premises caused directly by vandalism or malicious acts.
5) Credit Card, Bank Card, Cheque Forgery and Counterfeit Money: We provide the
insurance described in this coverage up to the maximum stated of $10,000 subject to
the terms and conditions set out.
Coverages:
a) Credit Card and Bank Card. We insure the amount that you are legally obligated
under Canadian Law to pay, but not more than $10,000 maximum, due to theft
and unauthorized use of your personal credit card or bank card issued to you or
registered in your name, provided that you comply with all the terms under which
the card was issued.
b) Cheque Forgery. We insure losses, but not more than $10,000 maximum, due to:
i)
forgery or alteration of any cheque or negotiable instrument, or;
ii) apparent fraud on the part of the payee of any cheque you issue, particularly
in the case of impersonation or where the actual identity of the payee is in
question.
If due to your refusal to pay a cheque in either of these cases, a suit is brought
against you and we give consent in writing for the defense of that suit, we will pay
all reasonable legal fees incurred.
c) Counterfeit Money Coverage. We insure losses, but not more than $10,000
maximum, due to your acceptance, in good faith, of counterfeit Canadian or
United States paper currency.
Exclusions:
We do not insure:
a) Losses caused by the dishonesty of any Insured;
b) Losses sustained due to any of the perils described in this coverage, and
associated with your business, occupational or commercial pursuits (unless it is a
credit card issued or registered in your name for which you are personally liable);
c) Any amounts you are required to pay due to your own use of your credit card or
bank card or its use by someone to whom you entrusted it.
6) Property Removed: If you must remove insured property from your premises to protect
it from loss or damage, it is insured by this policy for seven (7) days or until your policy
5
Property Coverages Cont'd
7)
8)
9)
10)
11)
12)
13)
term ends – whichever occurs first. The amount of insurance will be divided in the
proportions that the value of the property removed bears to the value of all insured
property at the time of loss.
Outdoor trees, shrubs, plants, lawns, permanent ornamental landscaping structures or
rockeries: (Applies to Strata Unit owners only) You may apply up to five percent (5%)
in all, of the amount of insurance on your personal property to trees, shrubs, plants,
lawns, permanent ornamental landscaping structures or rockeries on your premises.
We will not pay more than $1,000 for any one (1) tree, shrub or plant including debris
removal expenses. We insure these items (except those grown for commercial
purposes) against loss caused by fire, lightning, explosion, theft, impact by aircraft or
land vehicle, riot, vandalism or malicious acts only.
Change of Temperature: We insure your personal property damaged by change
of temperature resulting from physical damage to your dwelling or Strata Unit or
equipment by an Insured Peril. This only applies to personal property kept in the
dwelling or Strata Unit.
Tear out: If your Strata Unit Fixtures or Improvements to Strata Unit Fixtures must be
removed or torn apart so that water damage covered by this policy can be repaired,
we will pay the cost of repairing that which had to be torn apart. The cost of tearing out
and replacing property to repair damage related to outdoor domestic water containers
or a public watermain is not insured.
Household animals, birds or fish: We will insure your household animals, birds or fish
up to a limit of $2,000 in all. They are insured only if loss or damage is caused by fire,
lightning, explosion, theft, smoke, riot, vandalism or malicious acts, windstorm or hail,
and collapse of an insured building or any part of that building.
Uninsured business property of others: We will insure this property while it is on that
portion of your premises, which you occupy, up to $500 in all.
Cemetery markers or monuments: We will insure grave markers or headstones of
immediate family members (Insured or their children or parents) located in burial
grounds or cemeteries within the Province of British Columbia, up to $3,000 in all.
Spare automobile parts: We will insure spare automobile parts being used or stored
for personal use only, while located on your premises, up to a limit of $1,000 in all.
1.4.2.2
Extensions that do increase the amount of insurance
These extensions of coverage are in addition to the amounts of insurance stated in the
policy.
We insure:
1) Building Improvements and Additions: (Applies to Strata Unit Owners or Tenants only)
We will pay under Coverage C – Personal Property for any building improvements,
betterments, additions, alterations, fixtures or installations made or purchased at your
expense, when situated within that portion of the premises used exclusively by you, for
an amount not exceeding twenty-five percent (25%) of the amount of Coverage C, up
to a maximum limit of $100,000.
2) Strata Deductible Assessment: (Applies to Strata Unit Owners principal residence as
shown on the declaration page) We will pay under Coverage C - Personal Property
up to $5,000 for any assessment charged against you by the Strata Corporation to
recover any portion of the Strata Corporation’s insurance deductible if:
a) the assessment is valid under the governing rules of the Strata Corporation, and;
b) it is made necessary by direct physical loss or damage to the Common Assets
and Strata Buildings owned by the Strata Corporation caused by a peril insured
and not excluded in this policy; and
6
Property Coverages Cont'd
c)
3)
the physical loss or damage occurs and the assessment is made within this
policy term.
We will not pay under extension 2) for any regular monthly Strata maintenance fees;
any special levy not related to a loss under the Strata policy; any fines levied by the
Strata Corporation or Strata Council.
Property Damage Assessment: (Applies to Strata Unit Owners principal residence as
shown on the declaration page) We will pay up to the limit shown on the declaration
page under Coverage C - Personal Property for your share of any assessment
charged against you by your Strata Corporation if:
a) the assessment is valid under the governing rules of the Strata Corporation; and
b) it is made necessary by direct physical loss or damage to the Common Assets
and Strata Buildings owned by the Strata Corporation caused by a peril insured
and not excluded in this policy; and
c) the physical loss or damage occurs and the assessment is made within this
policy term.
We will not pay under extension 3) for any regular monthly Strata maintenance fees;
any special levy not related to a loss under the Strata policy; any fines levied by the
Strata Corporation or Strata Council; that part of an assessment made against you as
a result of a deductible in the insurance policy of the Strata Corporation.
1.5
Special Limits of Insurance
These special limits do not increase the amounts of insurance stated in the policy.
1.5.1
Applicable to All Perils Insured
The following special limits apply to the items described below for loss or damage from any
peril insured under this policy:
1) Books, tools and instruments which you personally own (other than computers and
related software which is dealt with under a separate clause) pertaining to a business,
profession or occupation, but only while on your premises, for an amount up to $2,000
in all. Business property, including samples and goods held for sale, is not insured.
2) Securities and bullion up to $5,000 in all.
3) Money including cash cards up to $500 in all.
4) Watercraft, their furnishings, equipment, accessories and motors up to $3,000 in all.
However, we do not insure watercraft equipped with an inboard jet water propulsion
system.
5) Computers, including software and peripheral equipment, even if used for your
business, profession or occupation, up to $5,000 in all.
6) Audio and video media (including but not limited to CDs, DVDs, records and tapes)
up to $2,000 in all. However, if any of these items are stolen while in or on a motor
vehicle we will only pay up to $200 in all.
7) Cameras and camera recorders, including accessories up to $3,000 in all.
8) Cellular phones and mobile electronic devices, including accessories up to $500 in all.
9) Garden-type tractors including attachments and accessories, up to $5,000 in all.
1.5.2
Applicable to the Perils of Theft, Burglary, Robbery or Disappearance
The following special limits apply only if loss or damage to the items described below is
caused by theft, burglary, robbery or disappearance – mysterious or otherwise:
7
Property Coverages Cont'd
1)
2)
3)
4)
5)
6)
7)
Jewellery, watches, gems, fur garments and garments trimmed with fur up to $6,000 in
all.
Numismatic property (such as coin collections) up to $200 in all.
Manuscripts, stamps and philatelic property (such as stamp collections) up to $1,000
in all.
Silverware up to $6,000 in all.
Bicycles and accessories, including helmets and riding gear, up to $1,000 in all for any
one (1) bicycle including its accessories.
Collectible cards (such as sport cards) and comic books up to $1,000 in all.
Sporting equipment and accessories up to $3,000 in all.
1.6
Coverage D – Additional Living Expense
1.6.1
Description of Coverage
The amount of insurance for Coverage D is the total amount for any one (1) or a
combination of the following coverages. The periods of time stated below are not limited by
the expiration of the policy.
1.6.2
Additional Living Expense
If an Insured Peril makes your dwelling or Strata Unit unfit for occupancy, or if as a result of
loss or damage from an Insured Peril you have to move out while repairs are being made,
we insure any necessary increase in living expenses, including moving expenses incurred
by you, so that your household can maintain its normal standard of living. Payment shall
be for the reasonable time required for repairing or rebuilding your dwelling or Strata Unit
or, if you permanently relocate, the reasonable time required for your household to settle
elsewhere. Regular living expenses are not paid.
1.6.3
Fair Rental Value
If an Insured Peril makes that part of the dwelling, detached private structures, or Strata
Unit rented to others or held for rental by you unfit for occupancy, we insure its fair rental
value. Payment shall be for the reasonable time required for repairing or replacing that part
of the dwelling, detached private structures, or Strata Unit rented or held for rental.
Fair rental value shall not include any expense that does not continue while that part of
the dwelling, detached private structures, or Strata Unit rented or held for rental is unfit for
occupancy.
If a civil authority prohibits access to your dwelling or Strata Unit as a direct result of
damage to neighbouring premises by an Insured Peril, we insure any resulting additional
living expense and fair rental value loss up to a maximum amount of $2,500.
1.6.4
Mass Evacuation
We will pay any necessary and reasonable increase in living expense incurred by you
while access to your principal residence dwelling or Strata Unit is prohibited by order of
Civil Authority, but only when such order is given for mass evacuation as a direct result of a
sudden and accidental event within Canada or the United States of America.
8
Property Coverages Cont'd
You are insured for the actual loss sustained, to a maximum limit of $10,000, from the
date of the order of evacuation. This coverage does not increase the amount or limit of
insurance shown on the declaration page for Coverage D – Additional Living Expense.
You are not insured for any claim arising from evacuation resulting from:
1) flood;
2) snow slide, earthquake, landslide or other earth movement;
3) war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power;
4) any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability
act, law or statute, or any law amendatory thereof or nuclear explosion, except for
ensuing loss or damage which results directly from fire, lightning or explosion of
natural, coal or manufactured gas;
5) contamination by radioactive material;
6) Terrorism or any activity or decision of a government agency or other entity to prevent,
respond to or terminate Terrorism except for ensuing loss or damage which results
directly from fire or explosion.
We do not insure the cancellation of a lease or agreement.
1.7
Perils Insured
You are insured against all risks of direct physical loss or damage subject to the exclusions
and conditions in this policy.
1.8
Loss or Damage Not Insured
In this section of the policy, the words “caused by” mean “directly, indirectly or in any
way caused by or resulting from” and exclude coverage for the specified loss or damage
regardless of whether other causes, covered or not, acted concurrently or in any sequence
to produce the loss.
We do not insure:
1) buildings, Strata Units or structures used in whole or in part for business or farming
purposes;
2) any property lawfully seized or confiscated, unless destroyed to prevent the spread of
fire;
3) any property illegally acquired or kept, or stored or transported, or imported, or
property subject to forfeiture;
4) books of account and evidences of debt or title;
5) losses or increased costs of repair or replacement due to the operation of any law
regulating the zoning, demolition, repair or construction of buildings and their related
services (except as may be provided elsewhere in this policy);
6) the cost of making good:
a) faulty or improper material;
b) faulty or improper workmanship;
c) faulty or improper design,
provided however, to the extent otherwise insured and not otherwise excluded under
this policy, resultant damage to the property is insured;
7) loss or damage caused by or comprising wear and tear, deterioration, rust or
corrosion, inherent vice, latent defect, or wet or dry rot, or “fungi” or “spores”;
9
Property Coverages Cont'd
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
10
loss or damage caused by contamination or pollution, or the release, discharge or
dispersal of contaminants or pollutants;
loss or damage caused by radioactive material;
loss or damage caused by snow slide, landslide or other earth movement. If any of
these results in fire or explosion, we will pay only for the resulting loss or damage;
personal property while undergoing a process involving the application of heat, but
resulting damage to other property is insured;
loss or damage caused by war, invasion, act of a foreign enemy, hostilities, civil war,
rebellion, revolution, insurrection or military power;
loss or damage caused by any nuclear incident as defined in the Nuclear Liability
Act or any other nuclear liability act, law or statute, or any law amendatory thereof or
nuclear explosion, except for ensuing loss or damage that results directly from fire,
lightning or explosion of natural, coal or manufactured gas;
loss or damage occurring after your dwelling or Strata Unit has, to your knowledge,
been vacant for more than thirty (30) consecutive days;
loss or damage caused by any intentional or criminal act or failure to act by:
a) any person insured by this policy;
b) any other person at the direction of any person insured by this policy;
property at any national or international exhibition or exposition for the purpose of
exhibition;
loss or damage caused by:
a) erasure, destruction, corruption, misappropriation, or misinterpretation, of data;
b) error in creating, amending, entering, deleting or using data;
c) inability to receive, transmit or use data,
unless the loss or damage results from fire, explosion, aircraft or vehicle impact, falling
objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, freeze or
weight of snow;
loss or damage caused by earthquake. If the earthquake results in fire or explosion,
we will pay only for the resulting loss or damage from the fire or explosion;
loss of or damage to:
a) motorized vehicles or their equipment (except for watercraft, lawn mowers, other
gardening equipment, snow blowers, wheelchairs or scooters having more than
two (2) wheels and specifically designed for the carriage of a person who has a
physical disability);
b) camper units, truck caps, trailers, or their equipment;
c) aircraft or their equipment,
in this case, equipment includes audio, visual, recording or transmitting equipment
powered by the electrical system of a motor vehicle or aircraft;
loss or damage caused by or comprising marring or scratching of any property or
breakage of any fragile or brittle articles unless caused by a Specified Peril;
loss or damage caused by water unless the loss or damage resulted from:
a) the sudden and accidental escape of water from a watermain;
b) the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system, which is located inside your
dwelling or which is located inside the Strata Building containing your Strata Unit.
However such damage is not covered when the escape of water is caused by
freezing of any part of a plumbing, heating, sprinkler or air conditioning system
within an unheated portion of your dwelling or the Strata Building containing your
Strata Unit during the usual heating season.
You are also not insured if the escape of water is caused by freezing
which occurs during the usual heating season if you have been away from your
Property Coverages Cont'd
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)
32)
premises more than four (4) consecutive days. However, if you had arranged for
a competent person to enter your dwelling or unit daily to ensure that heating
was being maintained or if you had shut off the water supply and had drained all
the pipes and appliances, you would still be covered;
c) the sudden and accidental escape of water or steam from a domestic water
container located on your premises or located within the Strata Building
containing your Strata Unit. However, such damage is not covered when the
escape of water is caused by freezing;
d) the sudden and accidental entry of water, including rain or water from the melting
of ice or snow, into your dwelling through any opening in the roof which has been
created by a Specified Peril other than Water Damage;
but we do not insure loss or damage:
i)
caused by continuous or repeated seepage or leakage of water;
ii) caused by the backing up or escape of water from a drain, drainpipe, sewer,
sump or septic tank, which is located outside your dwelling or located outside the
Strata Building containing your Strata Unit;
iii) caused by flood, ground water or rising of the water table;
iv) caused by surface water, unless the water escapes as described in a) above;
v) to a watermain;
vi) to a system or domestic water container from which the water escaped;
vii) occurring while the building or your Strata Unit is under construction or vacant
even if we have given permission for construction or vacancy;
loss or damage to your dwelling or personal property caused by domestic or
household animals, in excess of $2500;
loss or damage caused by or comprising settling, expansion, contraction, moving,
bulging, buckling or cracking;
loss of or damage to the contents of plumbing, heating or air conditioning systems;
outdoor radio and television antennae, satellite receivers measuring more than forty
(40) inches in diameter, and their attachments caused by windstorm or hail, weight of
ice, snow or sleet, or collapse;
outdoor equipment, pavements, patios, swimming pools, hot tubs, foundations,
retaining walls, bulkheads, pilings, piers, wharfs, docks, underground pipes, flues,
drains, cesspools and septic tanks, where loss or damage is caused by:
a) collapse of the building or any of its parts;
b) freezing or thawing;
c) the weight or pressure of ice, water, snow or sleet, whether wind driven or not;
loss or damage caused by extremes of temperature;
loss or damage caused by mechanical breakdown (except for spoilage of frozen
food while contained in a home freezer located on your principal residence premises,
caused by mechanical breakdown);
sporting equipment for loss or damage caused by its use;
loss or damage caused by vermin, raccoons, skunks, rodents or insects;
loss or damage caused by theft or attempted theft:
a) from the part of the dwelling or Strata Unit rented to others by any tenant,
tenant’s employee, or member of the tenant’s household;
b) to property at any other dwelling or Strata Unit, which you own, rent or occupy,
except while you are temporarily living there;
c) to property in or from a dwelling or Strata Unit under construction or of materials
and supplies for use in the construction until the dwelling or Strata Unit is
completed and ready to be occupied;
loss or damage caused by vandalism or malicious acts or glass breakage occurring
11
Property Coverages Cont'd
33)
34)
35)
36)
37)
1.9
while your dwelling, detached private structures or Strata Unit insured or containing
the property insured is under construction or vacant, even if we have given permission
for construction or vacancy;
loss or damage caused by hail to a mobile home, if the mobile home has a metal roof
and/or siding, unless the hail directly creates an opening in the roof and/or siding;
loss or damage caused by collision to a mobile home, unless the mobile home is
being transported or towed by a vehicle operating as a licensed common carrier and
then only for loss or damage from upset or collision with another object including but
not limited to; moving or stationary objects or vehicles, the surface of the ground or an
inanimate object on or near the ground;
glass that forms part of your Strata Unit, including glass in storm windows and doors;
loss or damage caused by Terrorism or by any activity or decision of a government
agency or other entity to prevent, respond to or terminate Terrorism, except for
ensuing loss or damage which results directly from fire or explosion;
loss or damage to buildings, Strata Units, structures or personal property contained
in them, used in whole or in part for the cultivation, harvesting, storage, processing,
manufacture, distribution or sale of marijuana or any product derived from or
containing marijuana or any other substance falling within the Controlled Drugs and
Substances Act SC 1996, c19, whether or not you have knowledge of such activity.
SpecifiedPerils
Subject to the exclusions and conditions in this policy, “Specified Perils” means:
1) Fire;
2) Lightning;
3) Explosion;
4) Smoke Damage, meaning smoke damage from the sudden and accidental discharge
of smoke from a heating or cooking apparatus, or from external sources, but excluding
smoke from agricultural smudging or industrial operations;
5) Falling Objects which strike the exterior of the building, but not objects which strike the
building because of snow slide, earthquake, landslide or other earth movement;
6) Impact by Aircraft or Land Vehicle;
7) Riot;
8) Vandalism or Malicious Acts;
9) Water Damage meaning damage caused by:
a) the sudden and accidental escape of water from a watermain;
b) the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system, which is located inside your
dwelling or which is located inside the Strata Building containing your Strata Unit.
However such damage is not covered when the escape of water is caused by
freezing of any part of a plumbing, heating, sprinkler or air conditioning system
within an unheated portion of your dwelling or the Strata Building containing your
Strata Unit during the usual heating season.
You are also not insured if the escape of water is caused by freezing
which occurs during the usual heating season if you have been away from your
premises more than four (4) consecutive days. However, if you had arranged for
a competent person to enter your dwelling or unit daily to ensure that heating
was being maintained or if you had shut off the water supply and had drained all
the pipes and appliances, you would still be covered;
c) the sudden and accidental escape of water or steam from a domestic water
container located on your premises or located within the Strata Building
12
Property Coverages Cont'd
containing your Strata Unit. However, such damage is not covered when the
escape of water is caused by freezing;
d) the sudden and accidental entry of water, including rain or water from the melting
of ice or snow, into your dwelling through any opening in the roof which has been
created by a Specified Peril other than Water Damage;
10) Windstorm or Hail;
11) Accident to a Land Vehicle, Watercraft or Aircraft;
12) Theft or Attempted Theft.
1.10
Basis of Claim Payment
We will pay for insured loss or damage up to your financial interest in the property, but not
exceeding the applicable limit(s) of insurance for any loss or damage arising out of one (1)
occurrence.
We are responsible only for the amount by which the loss or damage caused by any of
the Insured Perils exceeds the amount of the deductible shown on the declaration page
in any one (1) occurrence, unless shown otherwise. The deductible applies to Coverage
A, B, C and D, as well as any extensions of coverage, unless shown otherwise within that
coverage.
If your claim involves unscheduled personal property under “Special Limits of Insurance”,
the limitations apply to losses exceeding the deductible amount.
1.10.1
Guaranteed Building Replacement – Coverage A
If you comply fully with the following conditions, we agree to provide Guaranteed
Replacement Cost for your building, not limited to the amount shown under Coverage A –
Dwelling Building on your declaration page, provided you:
1) Insure your building to one-hundred percent (100%) of the replacement cost, which we
determine;
2) Accept any yearly adjustments, which we may make to your Coverage A limits to
reflect changes in construction costs in your area;
3) Notify us of any addition or remodeling which increases the replacement cost of your
building by $5,000 or more within ninety (90) days from the start of construction and
pay any resulting additional premium;
4) Repair or replace the damaged building on the same premises, with a building of
the same occupancy constructed with materials of equivalent kind and quality. If the
policy covers two (2) or more buildings, this one-hundred percent (100%) guaranteed
building replacement coverage applies separately to each building.
If you do not fully comply with the above conditions, the applicable amount or policy limit
shown on the declaration page shall apply to Coverage A – Dwelling Building and the basis
of claim payment will be according to the Optional Loss Settlement Clause.
1.10.1.1 Optional Loss Settlement Clause
If you repair or replace the damaged or destroyed building on the same premises, with a
building of the same occupancy constructed with materials of equivalent kind and quality
within a reasonable time after the damage, you may choose as the basis of loss settlement
either 1) or 2) below; otherwise, settlement will be as in 2).
13
Property Coverages Cont'd
1)
The cost of repair or replacement (whichever is less) without deduction for
depreciation, in which case we will pay the proportion of the cost of repair or
replacement that the applicable amount of insurance bears to eighty percent (80%)
of the replacement cost of the damaged building at the date of damage, but not
exceeding the actual cost incurred.
2)
The Actual Cash Value of the damage at the date of the occurrence. We will pay the
Actual Cash Value of the damage up to the applicable amount of insurance. The
Actual Cash Value will take into account such things as the cost of replacement less
any depreciation, and in determining depreciation we will consider the condition
immediately before the damage, the resale value and the normal life expectancy.
1.10.2
Replacement Cost – Coverage B
1)
If you repair or replace the damaged or destroyed detached private structure on the
same premises, with a building of the same occupancy constructed with materials of
equivalent kind and quality within a reasonable time after the damage, we will pay the
cost of repair or replacement (whichever is less) without deduction for depreciation,
but not exceeding the applicable limit of insurance shown on the declaration page.
2)
If you do not repair or replace the detached private structure we will pay on the basis
of Actual Cash Value up to the applicable limit shown on the declaration page. The
Actual Cash Value will take into account such things as the cost of replacement less
any depreciation, and in determining depreciation we will consider the condition
immediately before the damage, the resale value and the normal life expectancy.
If you have more than one (1) detached private structure, the amount of insurance
coverage on each will be divided in the proportions that the value of each structure has to
the total value of all your detached private structures at the time of the loss.
1.10.3
Replacement Cost – Coverage C
If you comply fully with the following conditions, we agree to provide Replacement Cost
coverage for your personal property or any scheduled personal property rider attached to
your policy but not exceeding the applicable limit of insurance shown on the declaration
page, provided:
1) The article is owned by you, and
2) The article has been maintained in good and workable condition, and
3) The article is repaired or replaced with equivalent kind and quality.
We will pay on the basis of Replacement Cost only if the property lost or damaged is
repaired or replaced as soon as is reasonably possible. Otherwise, we will pay on the basis
of Actual Cash Value.
This Replacement Cost coverage does not apply to antiques, fine arts, memorabilia or any
article or collection of articles whose age, history or rarity contributes significantly to its
value. Loss or damage to such ineligible property will be adjusted on an Actual Cash Value
basis.
14
Property Coverages Cont'd
1.11
Deductible
The deductible applies to Coverage A, B, C and D, as well as any extensions of coverage,
unless shown otherwise within that coverage.
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
If your claim involves personal property on which the Special Limits of Insurance apply, the
limitations apply to losses exceeding the deductible amount.
15
Section 2. Liability Coverages
2.1
Agreement
This insurance applies only to accidents or occurrences that take place during the period
this policy is in force. The amounts of insurance are shown on the declaration page. Each
person insured is a separate insured but this does not increase the limit of insurance. A
description of coverages follows.
2.2
Coverage E - Legal Liability
We will pay all sums that you become legally liable to pay as compensatory damages
because of unintentional bodily injury or property damage.
The amount of insurance is the maximum amount we will pay, under one (1) or more
Sections of Coverage E, for all compensatory damages in respect of one (1) accident or
occurrence regardless of the number of Insureds against whom claims are made or actions
are brought.
You are insured for claims made against you arising from:
2.2.1
Personal Liability
Personal Liability – legal liability arising out of your personal actions anywhere in the world:
You are not insured for claims made against you arising from:
1) the ownership, use or operation of any motorized vehicle, trailer, camper unit or
watercraft, except those for which coverage is shown in this policy;
2) damage to property you own, use, occupy or lease;
3) damage to property in your care, custody or control;
4) damage to personal property or fixtures as a result of work done on them by you or
anyone on your behalf;
5) bodily injury to you or to any person residing in your household other than a residence
employee.
2.2.2
Premises Liability
Premises Liability – legal liability arising out of your ownership, use or occupancy of the
premises defined in this policy. This insurance also applies if you assume, by a written
contract, the legal liability of other persons in relation to your premises.
You are not insured for claims made against you arising from:
1) damage to property you own, use, occupy or lease;
2) damage to property in your care, custody or control;
3) damage to personal property or fixtures as a result of work done on them by you or
anyone on your behalf;
4) bodily injury to you or to any person residing in your household other than a residence
employee.
2.2.3
Tenants’ Legal Liability
Tenants’ Legal Liability – legal liability for property damage to premises or their contents,
16
Liability Coverages Cont'd
owned by others, which you are using, renting or have in your custody or control caused by
fire, explosion, water escape or smoke.
Smoke means damage from smoke as the result of a sudden, unusual and faulty operation
of any heating or cooking unit in or on the premises, but not smoke from fireplaces.
Water escape means the sudden and accidental escape of water from a plumbing, heating,
sprinkler, air conditioning system or domestic water container including a waterbed.
You are not insured for liability you have assumed by contract unless your legal liability
would have applied even if no contract had been in force.
2.2.4
Employers’ Liability
Employers’ Liability – legal liability for bodily injury to residence employees arising out of
and in the course of their employment by you.
You are not insured for claims made against you resulting from the ownership, use or
operation of aircraft while being operated or maintained by your employee.
You are not insured for liability imposed upon or assumed by you under any Workers’
Compensation statute.
2.2.5
Defence, Settlement, and Supplementary Payments
We will defend any suit against you for which you are insured under Coverage E alleging
bodily injury or property damage and seeking damages, even if it is groundless, false or
fraudulent. We reserve the right to investigate, negotiate and settle any claim or suit if we
decide this is appropriate.
In addition to the limit of insurance under Coverage E, we will pay:
1) all expenses which we incur;
2) all costs charged against you in any suit insured under Coverage E;
3) any interest accruing after judgment, or where applicable, interest accruing from the
date of the action, or determined by the Court, on that part of the judgment which is
within the amount of insurance of Coverage E;
4) premiums for appeal bonds required in any insured lawsuit involving you and bonds to
release any property that is being held as security, up to the amount of insurance, but
we are not obligated to apply for or provide these bonds;
5) expenses which you have incurred for emergency medical or surgical treatment to
others following an accident or occurrence insured by this policy;
6) reasonable expenses, except loss of earnings, which you incur at our request.
2.3
Coverage F – Voluntary Medical Payments
We will pay reasonable medical expenses incurred within one (1) year of the date of the
accident, if you unintentionally injure another person or if they are accidentally injured on
your premises. This coverage is available even though you are not legally liable. Medical
expenses include surgical, dental, hospital, nursing, ambulance service and funeral
expenses. Medical expenses for residence employees are insured.
17
Liability Coverages Cont'd
The amount of insurance shown on the declaration page is the maximum amount we will
pay for each person in respect of one (1) accident or occurrence.
We will not pay:
1) expenses covered by any medical, dental, surgical or hospitalization plan or law, or
under any other insurance contract;
2) your medical expenses or those of persons residing with you, other than residence
employees;
3) medical expenses of any person covered by any Workers’ Compensation statute;
4) for claims arising out of the ownership, use or operation of any motorized vehicle,
trailer, camper unit or watercraft, except those for which coverage is shown in this
policy.
2.3.1
Conditions and Duties after a Loss
You shall arrange for the injured person, if requested, to:
1) give us, as soon as possible, written proof of claim, under oath if required;
2) submit to physical examination at our expense by doctors we select as often as we
may reasonably require;
3) authorize us to obtain medical and other records.
Proofs and authorizations may be given by someone acting on behalf of the injured person.
2.4
Coverage G – Voluntary Payment for Damage to Property
We will pay for unintentional direct damage you cause to property even though you are
not legally liable. You may also use this coverage to reimburse others for direct property
damage caused intentionally by anyone included in the definition of “You” and “Your” in this
policy, twelve (12) years of age or under.
You are not insured for claims:
1) resulting from the ownership, use or operation of any motorized vehicle or watercraft
except those for which coverage is provided in this policy;
2) for property you or your tenants own or rent;
3) for damage to property which is insured under Section 1;
4) caused by the loss of use, disappearance or theft of property.
2.4.1
Basis of Claim Payment – Coverage G
We will pay whichever is the least of the following:
1) the Actual Cash Value of the property at the time of loss;
2) what it would cost to repair or replace the property with materials of equivalent kind
and quality at the time of loss;
3) the amount shown on the declaration page.
We may pay for the loss in money or may repair or replace the property, and may settle any
claim for loss of property either with you or the owner of the property. We may take over
any salvage if we wish.
18
Liability Coverages Cont'd
2.4.2
Conditions and Duties after a Loss
Within sixty (60) days after the loss, you must submit to us (under oath if required) a
PROOF OF LOSS FORM containing the following information:
1) the amount, place, time and cause of loss;
2) the interest of all persons in the property affected;
3) the Actual Cash Value of the property at the time of loss.
If necessary, you must help us verify the damage.
2.5
Special Liability Limitations
2.5.1
Watercraft
2.5.1.1
Watercraft You Own
You are insured against claims arising out of your ownership, use or operation of watercraft
equipped with an outboard motor or motors of not more than 12KW (16HP) in total when
used with or on a single watercraft. You are also insured if your watercraft has an inboard
or an inboard-outboard motor of not more than 38KW (50HP) or for any other type of
watercraft not more than eight (8) meters (26 feet) in length.
You are not insured against claims arising out of your ownership, use or operation of
watercraft equipped with an inboard jet water propulsion system.
If you own any motors or watercraft larger or more powerful than those stated above, you
are insured only if they are shown on the declaration page.
If they are acquired after the effective date of this policy, you will be insured automatically
for a period of thirty (30) days only from the date of their acquisition, during which period
you should advise us so we may add them to your policy to provide continued coverage.
2.5.1.2
Watercraft You Do Not Own
You are also insured against claims arising out of your use or operation of any type of
watercraft provided that the watercraft is not owned by any person insured by this policy.
You are not insured for damage to the watercraft itself.
2.5.2
2.5.2.1
Motorized Vehicles
Vehicles You Own
You are insured against claims arising out of your ownership, use or operation of:
1) self-propelled lawn mowers, snow blowers, garden-type tractors, or implements used
or operated mainly on your property, provided they are not used for compensation or
hire;
2) motorized golf carts while in use on a golf course;
3) motorized wheelchairs, including motorized scooters having more than two (2) wheels
and specifically designed for the carriage of a person who has a physical disability.
19
Liability Coverages Cont'd
2.5.2.2
Vehicles You Do Not Own
You are insured against claims arising out of your use or operation of: any self-propelled
land vehicle, amphibious vehicle or air cushion vehicle, including their trailers, provided
that the vehicle is not subject to motor vehicle registration, is not licensed and is designed
primarily for use off public roads and provided that the motorized vehicle is not owned by
any person insured by this policy.
You are not insured for damage to the vehicle itself.
2.5.3
Watercraft and Motorized Vehicle Uses We Do Not Insure
We do not insure the use or operation of any watercraft or motorized vehicle, whether
owned by you or not, while it is:
1) used for carrying passenger for compensation;
2) used for business purposes;
3) used in any race or speed test (except sailboats while racing);
4) rented to others;
5) being used or operated without the owner’s consent if you are not the owner.
2.5.4
Trailers and Camper Units
You are insured against claims arising out of your ownership, use or operation of any trailer,
camper unit or its equipment, provided that such trailer or camper unit is not attached to,
carried on or being towed by a motorized vehicle subject to motor vehicle registration.
2.5.5
Business and Business Property
You are insured against claims arising out of:
1) your personal actions during the course of your trade, profession or occupation which
are not related directly to your trade, profession or occupation;
2) the occasional rental of your residence to others; rental to others of a one (1) or two
(2) family dwelling usually occupied in part by you as a residence, provided no family
unit includes more than two (2) roomers or boarders;
3) the rental of space in your residence to others for incidental office, school or studio
occupancy;
4) the rental to others, or holding for rent, of not more than three (3) car spaces or stalls
in garages or stables;
5) activities during the course of your trade, profession or occupation which are ordinarily
considered to be non-business activities;
6) the temporary or part time business pursuits of an insured person under the age of
twenty-one (21) years.
Claims arising from any other business pursuit or operation are insured only if liability
coverage for it is shown on the declaration page.
2.5.6
Contingent Liability Assessment
(Applies to the Strata Unit Owner’s principal residence only)
We agree to pay your proportionate share of any unpaid judgment entered against your
Strata Corporation which your Strata Corporation is not able to pay by means of available
20
Liability Coverages Cont'd
insurance. We will pay up to the limit shown on the declaration page under this coverage
plus any additional Increased Liability Assessment coverage purchased under this policy.
2.5.6.1
Loss or Damage Not Insured under Contingent Liability Assessment
We do not pay any amounts in respect of:
1) any regular monthly Strata maintenance fees;
2) any special levy not related to a loss under the Strata policy;
3) any fines levied by the Strata Corporation or Strata Council.
2.6
Loss or Damage Not Insured
(Applies to all Section 2 Liability Coverages)
You are not insured for claims arising from:
1) war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power;
2) bodily injury or property damage that is required to be insured under a nuclear
energy liability policy issued by the Nuclear Insurance Association of Canada, or any
other group or pool of Insurers regardless of exhaustion of such policy limits or its
termination;
3) your business or any business use of your premises except as specified in this policy;
4) the rendering or failure to render any professional service;
5) bodily injury or property damage caused by any intentional or criminal act or failure to
act by:
a) any person insured by this policy; or
b) any other person at the direction of any person insured by this policy;
6) the ownership, use or operation of any aircraft or premises used as an airport or
landing facility, and all activities related to either;
7) the ownership, use or operation of any motorized vehicle, trailer, camper unit or
watercraft except those for which coverage is provided in this policy;
8) the transmission of communicable disease by any person insured by this policy;
9) sexual, physical, psychological or emotional abuse, molestation or harassment,
including corporal punishment by, at the direction of, or with the knowledge of any
person insured by this policy; or failure of any person insured by this policy to take
steps to prevent sexual, physical, psychological or emotional abuse, molestation or
harassment or corporal punishment;
10) bodily injury or property damage arising out of the release or escape of pollutants at
any premises owned, rented or occupied by any person insured by this policy;
11) any loss, cost, or expense arising out of any governmental direction or request:
a) that the Insured test for, monitor, clean up, remove, contain, treat, detoxify; or
b) to neutralize pollutants;
except for ensuing loss or damage which results directly from fire;
12) any loss caused by or resulting from fungi or spore(s);
13) directly or indirectly, in whole or in part, out of Terrorism or out of any activity or
decision of a government agency or other entity to prevent, respond to or terminate
Terrorism. This exclusion applies regardless of any other contributing or aggravating
cause or event that contributes concurrently or in any sequence to the claim.
21
Liability Coverages Cont'd
2.7
Conditions
2.7.1
Notice of Accident or Occurrence
When an accident or occurrence takes place, you must promptly give us notice (in writing if
required). The notice must include:
1) your name and policy number;
2) the time, place and circumstances of the accident;
3) the names and addresses of witnesses and potential claimants.
2.7.2
Co-operation
You are required to:
1) help us obtain witnesses, information and evidence about the accident and co-operate
with us in any legal actions if we ask you;
2) immediately send us everything received in writing concerning the claim including
legal documents.
2.7.3
Unauthorized Settlements – Coverage E
You shall not, except at your cost, voluntarily make any payment, assume any obligations
or incur expenses, other than first aid expenses necessary at the time of accident.
2.7.4
Action against Us – Coverage E
No action shall lie against us unless, as a condition precedent thereto:
1) the Insured has initiated and participated fully in a mediation conference with a
mutually agreed upon mediator, under the Mediation Rules of the Insurance Dispute
Resolution Services of British Columbia (or such other mediation rules as may be
mutually agreed). If a mediator cannot be mutually agreed upon then one will be
appointed by the Insurance Dispute Resolution Services of British Columbia (or such
other organization as may be mutually agreed);
2) there shall have been full compliance with all of the terms of this policy; and
3) the amount of your obligation to pay shall have been finally determined either by
judgment against you after actual trial, or by written agreement of you, the claimant
and us.
Nothing contained in this policy shall give any person or organization any right to join us as
a co-defendant in any action against you to determine your liability.
Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the
Insurer of any of its obligations hereunder.
2.7.5
Action against Us – Coverage F
No suit may be brought against us until you have fully complied with all the terms of this
coverage.
22
Liability Coverages Cont'd
2.7.6
Action against Us – Coverage G
No suit may be brought against us until:
1) You have fully complied with all the terms of this coverage, nor
2) Sixty (60) days after the written Proof of Loss form has been filed with us.
23
Section 3. Optional Coverages
3.1
Agreement
In consideration of payment of the premium shown, and/or when the declaration page
indicates an amount or limit of insurance applies, we provide the insurance described under
these riders/endorsements, subject to the terms and conditions set out.
The amounts of insurance are shown on the declaration page. A description of coverages
follows.
3.1.1
Loss or Damage Not Insured
In this Section 3 of the policy, the words “caused by” mean “directly, indirectly or in any
way caused by or resulting from” and exclude coverage for the specified loss or damage
regardless of whether other causes covered or not, acted concurrently or in any sequence
to produce the loss.
3.2
Bed & Breakfast Rider R11
3.2.1
Description of Coverage
We agree to extend your coverage under Section 1 Personal Property to include your
Bed and Breakfast business. The perils of “Theft, Burglary, Robbery or Disappearance
– Mysterious or Otherwise”, as they apply to personal property on premises, are hereby
replaced by “Burglary and Robbery” only, when the declaration page indicates that Rider
R11 is applicable.
We agree to extend your coverage under Section 2 Liability to include your legal liability
arising out of the use of your premises for the accommodation of paying guests occupying
not more than two (2) rooms, under your Bed & Breakfast business.
3.2.2
Loss or Damage Not Insured
All other terms, conditions or limitations within this policy remain unchanged.
3.2.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.3
Building By-Law Rider R13
3.3.1
Description of Coverage
If there is a loss incurred from an Insured Peril of this policy, we will pay the additional cost
of demolition, repair or construction which is required to comply with any law regulating
demolition, repair or construction of buildings up to the limit shown on the declaration page
under this Rider.
24
Optional Coverages Cont'd
3.3.2
Loss or Damage Not Insured
We will not pay:
1) more than the amount or limit of insurance shown on the declaration page;
2) more than the minimum amount required to comply with any law;
3) the additional cost, unless your building is actually repaired, rebuilt or replaced on the
same premises with a building of the same occupancy, constructed with materials of
equivalent kind and quality.
If we insure more than one (1) building under this Rider, this Rider applies to each building
separately.
3.3.3
Deductible
There is no deductible applicable to this Rider.
3.4
Earthquake Rider R6
3.4.1
Description of Coverages
We agree to extend the insurance provided to the coverages indicated on the declaration
page under this Rider, to include direct loss or damage caused by the tremor or shaking
from an earthquake.
This coverage does not increase the amounts of insurance stated in the policy.
3.4.2
Loss or Damage Not Insured
We do not insure loss or damage:
1) caused by lightning, theft, flood of any nature, waves, tidal waves, high water, waterborne objects or ice, whether or not caused by or attributable to earthquake;
2) caused by wind, hail, rain, or snow unless the building or Strata Unit we insure is first
damaged by the direct force of an earthquake making an opening in the roof or walls
of the building or unit. We will then pay for damage caused by wind, hail, rain, or snow
which enters the building or Strata Unit through such an opening, as the direct result
of the earthquake;
3) caused by any earthquake shocks, which occur before this Rider becomes effective or
after your policy expires;
3.4.3
Deductible
For each single earthquake claim, we will pay only the amount of loss or damage, which
exceeds the deductible shown on the declaration page for this Rider.
A single earthquake is one in which all earthquake shocks occurring within any period of
one-hundred sixty-eight (168) consecutive hours during the policy term shall be deemed a
single earthquake for the purpose of this Rider.
25
Optional Coverages Cont'd
3.5
Home Business Rider R14
3.5.1
Description of Coverage
We insure your Home Business and Business Property up to the maximum limit of
insurance stated on your declaration page for this Rider. The business coverages extended
under Special Limits of Personal Property Insurance in Section 1, Coverage C – Personal
Property are replaced by and not in addition to this Rider.
In the event of loss or damage to your personal premises, the limit or amount specified
in this Rider may not be applied to indemnify for loss to property not used for the Home
Business.
3.5.1.1
Property Insurance for Your Business Property
We insure your property used for your Home Business against those risks of direct physical
loss or damage caused by those perils described in Section 1, Coverage C – Personal
Property as stated on the declaration page for this policy in an amount not exceeding the
lesser of:
1) for Stock, the Actual Cash Value;
2) for all other property, the Replacement Cost;
3) your financial interest in the property;
4) the policy limit,
subject to the co-insurance provision contained in Basis of Claim Payment.
3.5.1.2
1)
2)
3)
4)
26
Extensions of Coverage
Money and Cash Cards: We insure, at your option, money including cash cards stored
in your Home Business in accordance with the Special Limits of Personal Property
Insurance afforded by the policy but not so as to increase the policy limits.
Business Property of Others Located on Premises: This Rider also insures property
of others for which you are legally responsible by reason of your business activities.
The measure of loss for property of others shall not exceed Actual Cash Value and
indemnity is subject to the co-insurance provision contained in the Basis of Claim
Payment.
Business Property Temporarily Away: We also insure your business property while it
is temporarily away from your premises or while in transit in Canada. We will pay up to
$5,000 in all.
Loss of Earning and Extra Expense: In the event of physical loss or damage as a
result of an Insured Peril to your Home Business property we also agree to pay:
a) any extra expense you incur to continue the normal operation of your Home
Business, provided you undertake to reduce or avoid any such expense as
soon as reasonably practicable, for a period not exceeding twelve (12) months
from the date of loss, or, until you are able to resume normal occupancy of your
personal residence, whichever first occurs, up to $5,000 in all; and
b) any loss of Earnings resulting from the necessary interruption of your Home
Business in an amount not to exceed $10,000, but in no event more than $2,500
for any loss of Earnings in any thirty (30) consecutive calendar days.
Optional Coverages Cont'd
3.5.1.3
Basis for Calculating Any Loss of Earnings
In determining any loss of Earnings, we will consider:
1) the Earnings of the business before the date of loss or damage;
2) the probable Earnings had no loss occurred;
3) the continuation of operating expenses, including payroll expense to the extent
necessary to resume operations with the same quality of service which existed
immediately prior to the loss; and
4) the reduction of loss that could be made possible by resuming complete or partial
operation of the described property, or by making use of other property.
3.5.1.4
Limitation for Electronic Data Processing
If as a result of an Insured Peril, you sustain a loss of Earnings resulting from loss or
damage to electronic data or electronically controlled equipment the length of time for which
we are liable shall not exceed the lesser of thirty (30) consecutive days, or, the length of
time reasonably required to rebuild, repair or restore the property exercising due diligence.
3.5.2
3.5.2.1
Loss or Damage Not Insured
Applicable to the Entire Rider
We do not insure:
1) loss or damage to business property:
a) you have loaned or rented to others; or
b) you have sold under:
i)
a conditional sales agreement; or
ii) deferred payment plan;
c) once the property is delivered to your customer;
2) loss or damage excluded by your Personal Property Insurance;
3) loss or damage caused by pilferage, appropriation, conversion, embezzlement or
concealment or any dishonest act on the part of you, any member of your household
or any of your employees or any other party of interest, his or their employees or
agents or any person to whom your business property may be entrusted;
4) loss or damage caused by a voluntary parting of title or ownership whether or not the
parting of title or ownership is induced by fraud, trick or false pretense;
5) loss or damage caused by mysterious disappearance or any loss or shortage
disclosed on taking inventory;
6) loss or damage caused by delay or loss of market;
7) loss or damage caused by the release or escape of any pollutant unless the loss or
damage to the business property is as a result of an Insured Peril;
8) any economic loss including loss of profits or extra expense, except as expressly
provided elsewhere in this Rider.
3.5.2.2
Applicable to Loss of Earnings or Extra Expense
We will not pay for:
1) any increase of loss caused by any by-law, ordinance or law regulating zoning or the
demolition, repair or construction of buildings and their related services;
2) any increase of loss caused by interference at the described premises by strikers,
locked-out workers, or persons taking part in labour disturbances or any other
27
Optional Coverages Cont'd
3)
4)
person, with rebuilding, repairing or replacing the property, or with the resumption or
continuation of your business;
fines or damages for breach of contract for late or non-completion of orders, or for any
penalties of whatever nature;
loss caused by the suspension, lapse or cancellation of any lease or license, contract
or order, which may affect the Insured’s Earnings after the period following any loss
during which indemnity is payable.
3.5.3
Inspection and Audit
We reserve the right to have your property and operations inspected at any time.
We may examine and audit your books and records at any time during the term this Rider is
in effect and up to two (2) years after.
3.5.4
Basis of Claim Payment
We agree to pay an amount not exceeding whichever the least is of:
1) for Stock, the Actual Cash Value at time of loss;
2) for all other property, the Replacement Cost;
3) your financial interest in the property;
4) the policy limit.
Co-insurance: We will pay the proportion of loss that the amount insured bears to eighty
percent (80%) of the value of the property insured.
3.5.5
Deductible
We will pay only the amount by which any loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
If your loss involves business property as well as personal property insured by Section 1,
Coverage C – Personal Property arising out of any loss or damage, the greatest deductible
will apply to the total loss.
3.5.6
Legal Liability Insurance for Your Home Business
We will pay all sums which you become legally liable to pay as compensatory damages
caused by unintentional bodily injury, or, physical injury to tangible property that arises
solely by reason of the activities of your Home Business provided the liability is caused by
an occurrence that arises in Canada during the policy period in accordance with Coverage
E – Legal Liability in your personal policy.
3.5.6.1
Limit of Insurance – Legal Liability Insurance
In no event shall the amount payable pursuant to this grant of coverage exceed the amount
stipulated under Coverage E – Legal Liability on the declaration page regardless of the
nature of the liability and for the purpose of this section:
1) all bodily injury or property damage which arises out of continuous or repeated
exposure to the same conditions shall be considered as arising out of one (1)
occurrence; and
28
Optional Coverages Cont'd
2)
all compensatory damage which arises out of one (1) lot of goods or products
prepared or acquired by you or by another trading under your name shall be
considered as arising out of one (1) occurrence.
3.5.6.2
Legal Liability Not Insured
You are not insured for any claims made against you arising from:
1) any matter excluded by reason of Section 2 of your policy;
2) any bodily injury or property damage for which you have assumed liability under any
contract or agreement, except damage to premises or their contents which you are
using, renting or have in your custody or control, provided loss is attributable to fire,
explosion or smoke, but not smoke from fireplaces;
3) liability imposed upon or assumed by you under any Workers’ Compensation statute
or any similar law;
4) bodily injury to:
a) any of your employees if such injury arises out of and is in the course of
employment by you; or
b) you; or
c) any partner of yours or the spouse of any partner, if you are a partnership;
5) property damage to property owned by you;
6) damage to that particular part of any property that must be restored, repaired, or
replaced because Your Work was incorrectly performed on it, other than property
damage included in the Products-Completed Operations Hazard;
7) property damage to Your Product arising out of it or any part of it;
8) damage to that particular part of Your Product or Your Work on which you or any
contractor or sub-contractor working directly or indirectly on your behalf is performing
operations if the property damage arises out of those operations;
9) property damage to Your Work;
10) property damage to Impaired Property or property that has not been physically injured,
arising out of:
a) a defect, deficiency or inadequacy in Your Product or Your Work; or
b) a delay or failure by you or anyone acting on your behalf to perform a contract or
agreement in accordance with its terms;
11) any loss, cost or expense incurred by you or others for the loss of use, withdrawal,
recall, inspection, repair, replacement, adjustment, removal or disposal of Your
Product, Your Work or Impaired Property, if such product, work or property is
withdrawn or recalled from the market or from use by any person or organization
because of a known or suspected defect, deficiency, inadequacy, or dangerous
condition in it;
12) bodily injury or property damage resulting from the rendering of or the failure to render
any professional service;
13) any occurrence arising out of:
a) the performance of data processing services for others;
b) systems or circuit design, specifications, reports, opinions or recommendations;
or
c) erasure or loss of data and/or information contained in, or on, any form of media
including tapes and discs;
14) bodily injury or property damage arising out of the actual, alleged or threatened
discharge, dispersal, release or escape of pollutants;
15) any loss, cost or expense arising out of any governmental direction or request that
the Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize
29
Optional Coverages Cont'd
pollutants; and
16) fines, penalties, punitive, aggravated or exemplary damages.
3.5.6.3
Aggregate Limits
In the event of an occurrence, whether arising pursuant to your personal policy or this
Rider, or both, the aggregate amount payable shall not exceed the amount stipulated in
Coverage “E” of “Section 2 – Legal Liability” as itemized in the declaration page. Under no
circumstances may an Insured combine the legal liability limit in each of the personal policy
and this Rider so as to thereby increase the total limit of liability.
In the event of more than one (1) occurrence during the term of this policy for a “ProductsCompleted Operations Hazard” claim, the total aggregate amount payable under this Rider
shall never exceed the amount stipulated in Coverage “E” of “Section 2 – Legal Liability” as
itemized in the declaration page.
3.5.6.4
Deductible applicable to Property Damage
In the event of a claim for physical damage to tangible property, we are only responsible for
the amount by which we are legally obligated to pay exceeds the amount of the deductible
shown on the declaration page for any one (1) occurrence.
3.5.7
Definitions
The coverage under this Rider is subject to the definitions contained in Section 5 of this
policy except as modified or added by the definitions contained within this Rider.
1)
2)
3)
4)
5)
30
“Earnings” means net profit plus payroll expense, taxes, interest, rents and all other
operating expenses earned by the business.
“Home Business” means a business:
a) that you operate out of your principal residence, or, detached and locked private
structures or outbuildings located on the premises which is insured by this Rider
and described in the signed declaration submitted pursuant to the issuance of
this policy; or
b) for which there does not exist, in whole or in part, any other location at which
activities are conducted; and
c) that is operated by you or a member of your family living in the same household.
“Impaired Property” means tangible property, other than Your Product or Your Work,
that cannot be used or is less useful because:
a) it incorporates Your Product or Your Work that is known or thought to be
defective, deficient, inadequate, or dangerous; or
b) you have failed to fulfill the terms of a contract or agreement, if such property can
be restored to use by;
i)
the repair, replacement, adjustment or removal of Your Product or Your
Work;
ii) your fulfilling the terms of the contract or agreement.
“Occurrence” means an accident, including continuous or repeated exposure to
substantially the same harmful conditions.
“Pollutants” means any solid, liquid, airborne, gaseous or thermal irritant or
contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.
Waste includes materials to be recycled, reconditioned or reclaimed.
Optional Coverages Cont'd
6)
7)
8)
9)
“Products-Completed Operations Hazard” means all bodily injury and property
damage occurring away from the premises you own or rent and arising out of Your
Product or Your Work, including your activities away from your premises related to
Your Product or Your Work.
“Stock” means:
a) merchandise of every description usual to your Home Business;
b) packing, wrapping and advertising materials; and
c) similar property belonging to others which you are under obligation to keep
insured or for which you are legally liable.
“Your Product” means any goods or products, other than real property, manufactured,
sold, handled, distributed or disposed of by you.
“Your Work” means:
a) work or operations performed by you or on your behalf; and
b) materials, parts and equipment furnished in connection with such work or
operations.
3.6
Identity Theft Rider R50
3.6.1
Description of Coverage
We will pay up to the limit of insurance shown on the declaration page under this Rider to
reimburse you for the following costs which you actually incur resulting from the theft of or
illegal access to your credit and/or identity, during the term of the Policy and this Rider, as
follows:
1) Credit card forgery (excess of coverage under your credit card and excess of
coverage under your home insurance policy);
2) Fraudulent transfer or removal of funds from Internet accessed bank accounts;
3) Long distance telephone expenses incurred to resolve credit issues;
4) Notary fees incurred to resolve credit issues;
5) Registered mail costs incurred to resolve credit issues;
6) Fees for re-application of loans which are declined due to erroneous information
compiled as a result of misuse or fraudulent use of your identity;
7) Costs incurred due to the fraudulent application for credit in your name;
8) Legal costs incurred in your defence from lawsuits brought against you by merchants
or collection agencies;
9) Legal costs incurred in the processes involved in restoring your credit history;
10) Lost wages resulting from time required away from your employment in dealing with
matters pertaining to an identity theft, up to a maximum of $500 per week for four (4)
weeks.
3.6.2
1)
2)
Additional Conditions
You must comply with all of the terms and requirements stipulated with the issuance
of any bank or credit card including secure storage of PINs (Personal Identification
Numbers) and personal information.
All costs incurred which are submitted for payment under this Rider must be directly
and solely as a result of the fraudulent use of your credit or identity, and/or the process
subsequently required to restore your credit history or to contact merchants, financial
institutions, collection agencies, or other associations relating to the theft of your
identity or to a fraud perpetrated against you.
31
Optional Coverages Cont'd
3)
If you do not comply with 1) above, you will not be entitled to any coverage under this
Rider, and if any of your costs do not directly and solely result from the use or process
described in 2) above, you will not be entitled to reimbursement for them.
3.6.3
Loss or Damage Not Insured
We do not insure any costs which are caused or contributed to, in whole or in part, directly
or indirectly, by any of the following:
1) Your dishonesty;
2) Your business or commercial pursuits;
3) Your own use of your identity or credit; or
4) Your intentional misuse of your identity or credit.
3.6.4
Basis of Claim Payment
We will reimburse you, up to the amount of insurance shown on the declaration page for
covered costs described above which you actually incur, subject to the deductible shown on
the declaration page for this Rider.
Payment under this Rider is in addition to any other insurance or protection that exists
under credit card insurance, bank insurance, or any other coverage provided to you.
Other insurance will be considered primary and our Policy will pay only after these other
coverages or programs have been exhausted. Evidence of submission to and settlement of
coverage under other programs is required prior to payment under this Rider.
Where this insurance applies to credit or identity for more than one (1) person, our liability
is still limited to the total amount or limit of insurance under this Rider as shown on the
declaration page.
3.6.5
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.6.6
Definitions
The coverage under this Rider is subject to the definitions contained in Section 5 of this
policy except as modified or added by the definitions contained within this Rider.
“You, you” and “Your, your”, under this Rider of insurance shall mean:
1) The person named as the Insured on the declaration page;
2) The spouse of the person named as the Insured;
3) The children of either, under the age of twenty-one (21), if they are residing full time in
the same household and are not on any time during the policy period living away from
the principal residence in order to attend school or for any other reason.
32
Optional Coverages Cont'd
3.7
Increased Strata Deductible Assessment Rider C10
3.7.1
Description of Coverage
We will pay up to the limit of insurance shown on the declaration page for this Rider for your
share of any assessment charged against you by the Strata Corporation to recover any
portion of the Strata Corporation’s insurance deductible if:
1) the assessment is valid under the governing rules of the Strata Corporation; and
2) it is made necessary by direct physical loss or damage to the Common Assets and
Strata Building owned by the Strata Corporation caused by a peril insured and not
excluded in this policy; and
3) the physical loss or damage occurs and the assessment is made within this policy
term.
The coverage under this Rider is in addition to any amount of coverage included under
Coverage C - Personal Property of this policy. The policy deductible for Coverage C Personal Property would apply to any claim under that section of the policy before this
increased coverage is applied.
3.7.2
Loss or Damage Not Insured
We do not pay any amounts in respect of:
1) any regular monthly Strata maintenance fees;
2) any special levy not related to a loss under the Strata policy;
3) any fines levied by the Strata Corporation or Strata Council.
3.7.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.8
No Glass Deductible Rider R4
3.8.1
Description of Coverage
The deductible clause in this policy does not apply to loss or damage to glass that forms
part of your dwelling or private structures on your premises, including glass in storm
windows and doors.
3.8.2
Loss or Damage Not Insured
We do not insure:
1) loss or damage occurring while a building in which the glass is located is under
construction or vacant even if we have given permission for construction or vacancy;
2) loss or damage resulting from any intentional or criminal act or failure to act by:
a) any person insured by this Rider; or
b) any other person at the direction of any person insured by this Rider;
3) loss or damage caused directly or indirectly by snow slide, earthquake, landslide or
other earth movement.
33
Optional Coverages Cont'd
3.8.3
Deductible
There is no deductible applicable to this Rider.
3.9
Optional Liability Assessment Rider C9
3.9.1
Description of Coverage
We insure, under Section 2 Liability Coverages, of this policy, Contingent Liability
Assessment as follows:
We agree to pay your proportionate share of any unpaid judgment entered against your
Strata Corporation which your Strata Corporation is not able to pay by means of available
insurance. We will pay up to the amount or limit shown on the declaration page under this
coverage.
3.9.2
Loss or Damage Not Insured
We do not pay any amounts in respect of:
1) any regular monthly strata maintenance fees;
2) any special levy not related to a loss under the Strata policy;
3) any fines levied by the Strata Corporation or Strata Council.
3.9.3
Deductible
There is no deductible applicable to this Rider.
3.10
Optional Property Assessment Rider C12
3.10.1
Description of Coverage
We will pay up to the limit shown on the declaration page for this Rider for your share of
any assessment charged against you by your Strata Corporation if:
1) the assessment is valid under the governing rules of the Strata Corporation; and
2) it is made necessary by direct physical loss or damage to the Common Assets and
Strata Building owned by the Strata Corporation caused by a peril insured and not
excluded in this policy; and
3) the physical loss or damage occurs and the assessment is made within this policy
term.
We will not pay under this Rider for that part of an assessment made against you as a
result of a deductible in the insurance policy of the Strata Corporation.
3.10.2
Loss or Damage Not Insured
We do not pay any amounts in respect of:
1) any regular monthly Strata maintenance fee;
2) any special levy not related to a loss under the Strata policy;
3) any fines levied by the Strata Corporation or Strata Council.
34
Optional Coverages Cont'd
3.10.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.11
Premier Condominium Rider C11
3.11.1
Description of Coverage
When the declaration page indicates Rider C11 applies, we agree to amend your
coverages and limits of insurance as follows:
1) Coverage C – Personal Property, Extensions of Coverage, 1.4.2.2 Extensions that
do increase the amount of insurance, item 1) Building Improvements and Additions:
We will pay under Coverage C – Personal Property for any building improvements,
betterments, additions, alterations, fixtures or installations made or purchased at your
expense, when situated within that portion of the premises used exclusively by you, for
an amount not exceeding one-hundred percent (100%) of the amount of Coverage C,
up to a maximum limit of $300,000. This amount of insurance is in addition to the limit
stated for Coverage C in the policy.
2) Coverage C – Personal Property, Extensions of Coverage, 1.4.2.2 Extensions that
do increase the amount of insurance, item 2) Strata Deductible Assessment: We
will pay under Coverage C – Personal Property up to $7,500 for any assessment
charged against you by the Strata Corporation to recover any portion of the Strata
Corporation’s insurance deductible if:
a) the assessment is valid under the governing rules of the Strata Corporation; and
b) it is made necessary by direct physical loss or damage to the Common Assets
and Strata Buildings owned by the Strata Corporation caused by a peril insured
and not excluded in this policy; and
c) the physical loss or damage occurs and the assessment is made within this
policy term.
We will not pay under item 2) for any regular monthly Strata maintenance fees; any
special levy not related to a loss under the Strata policy; any fines levied by the Strata
Corporation or Strata Council.
3) Coverage C – Personal Property, Special Limits of Insurance, 1.5.2 Applicable to the
perils of theft, burglary, robbery or disappearance, are increased as follows:
1) Jewellery, watches, gems, fur garments and garments trimmed with fur up to
$18,000 in all.
2) Numismatic property (such as coin collections) up to $600 in all.
3) Manuscripts, stamps and philatelic property (such as stamp collections) up to
$3,000 in all.
4) Silverware up to $18,000 in all.
5) Bicycles and accessories, including helmets and riding gear, up to $3,000 in all
for any one (1) bicycle including its accessories.
6) Collectible cards (such as sport cards) and comic books up to $3,000 in all.
7) Sporting equipment and accessories up to $9,000 in all.
4) Residence Glass Coverage: We extend the insurance provided under Coverage C –
Personal Property to include accidental glass breakage. Glass breakage means direct
loss or damage to glass forming a part of your Strata Unit insured, including glass in
storm doors and storm windows of your Strata Unit.
Loss or Damage Not Insured
We do not insure:
35
Optional Coverages Cont'd
a)
loss or damage occurring while a building in which the glass is located is under
construction or vacant even if we have given permission for construction or
vacancy;
b) loss or damage caused by snow slide, earthquake, landslide or other earth
movement.
This extension of coverage does not increase the amount of insurance under Section
1 Property Coverages, Coverage C – Personal Property.
Deductible
The deductible clause in this policy does not apply to loss or damage to glass that
forms part of your Strata Unit, including glass in storm doors and storm windows of
your Strata Unit.
3.11.2
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.12
Premier Home Rider R20
3.12.1
Description of Coverage
When the declaration page indicates Rider R20 applies, we agree to amend your
coverages and limits of insurance as follows:
1) Coverage A – Dwelling Building, 1.2.2 Extensions of Coverage, item 5) Outdoor
trees, shrubs, plants, lawns, permanent ornamental landscaping structures or
rockeries: You may apply up to ten percent (10%) in all, of the amount of insurance
on your dwelling to trees, shrubs, plants, lawns, permanent ornamental landscaping
structures or rockeries on your premises. We will not pay more than $1,000 for any
one (1) tree, shrub or plant including debris removal expenses. We insure these items
(except those grown for commercial purposes) against loss caused by fire, lightning,
explosion, theft, impact by aircraft or land vehicle, riot, vandalism or malicious acts
only.
2) Coverage C - Personal Property, Special Limits of Insurance, 1.5.2 Applicable to the
perils of theft, burglary, robbery or disappearance, are increased as follows:
1) Jewellery, watches, gems, fur garments and garments trimmed with fur up to
$18,000 in all.
2) Numismatic property (such as coin collections) up to $600 in all.
3) Manuscripts, stamps and philatelic property (such as stamp collections) up to
$3,000 in all.
4) Silverware up to $18,000 in all.
5) Bicycles and accessories, including helmets and riding gear, up to $3,000 in all
for any one (1) bicycle including its accessories.
6) Collectible cards (such as sport cards) and comic books up to $3,000 in all.
7) Sporting equipment and accessories up to $9,000 in all.
3.12.2
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
36
Optional Coverages Cont'd
3.13
Premier Tenants Rider R25
3.13.1
Description of Coverage
When the declaration page indicates Rider R25 applies, we agree to amend your
coverages and limits of insurance as follows:
1) Coverage C – Personal Property, Extensions of Coverage, 1.4.2.2 Extensions that
do increase the amount of insurance, item 1) Building Improvements and Additions:
We will pay under Coverage C – Personal Property for any building improvements,
betterments, additions, alterations, fixtures or installations made or purchased at your
expense, when situated within that portion of the premises used exclusively by you, for
an amount not exceeding one-hundred percent (100%) of the amount of Coverage C,
up to a maximum limit of $300,000. This amount of insurance is in addition to the limit
stated for Coverage C in the policy.
2) Coverage C - Personal Property, Special Limits of Insurance, 1.5.2 Applicable to the
perils of theft, burglary, robbery or disappearance, are increased as follows:
1) Jewellery, watches, gems, fur garments and garments trimmed with fur up to
$18,000 in all.
2) Numismatic property (such as coin collections) up to $600 in all.
3) Manuscripts, stamps and philatelic property (such as stamp collections) up to
$3,000 in all.
4) Silverware up to $18,000 in all.
5) Bicycles and accessories, including helmets and riding gear, up to $3,000 in all
for any one (1) bicycle including its accessories.
6) Collectible cards (such as sport cards) and comic books up to $3,000 in all.
7) Sporting equipment and accessories up to $9,000 in all.
3.13.2
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.14
Rental Advantage Rider R30
3.14.1
Description of Coverage
When the declaration page indicates Rider R30 applies, we agree to amend your
coverages and limits of insurance under Residential Rental Rider D1 as follows:
3.14.2
Basis of Claim Payment
Under Basis of Claim Payment – Building, in addition to the payment options shown under
Residential Rental Rider D1, we will provide Guaranteed Building Replacement coverage
up to one-hundred twenty-five percent (125%) of the limit of insurance shown on the
declaration page for your dwelling, if you comply fully with the following conditions:
1) insure your building to one-hundred percent (100%) of the replacement cost, which we
determine;
2) accept any yearly adjustments, which we may make to your building limit to reflect
changes in construction costs in your area;
3) notify us of any addition or remodeling that increases the replacement cost of your
37
Optional Coverages Cont'd
4)
building by $5,000 or more within ninety (90) days from the start of construction and
pay any resulting additional premium;
repair or replace the damaged building on the same premises, with a building of the
same occupancy constructed with materials of equivalent kind and quality.
In determining the cost of repair or replacement we will not pay or include any increased
costs of repair or replacement due to the operation of any law regulating the zoning,
demolition, repair or construction of buildings and their related services.
3.14.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.15
Rental Income Rider C5
3.15.1
Description of Coverage
If your dwelling, detached private structure, or Strata Unit, rented to others or held for
rental, becomes unfit for occupancy or if access is prohibited by civil authorities, as a direct
result of damage to the dwelling, detached private structure, or Strata Unit, or damage to
neighboring premises by an Insured Peril, we agree to:
1) insure your dwelling, detached private structure or Strata Unit, for its fair rental income
up to the amount or limit of insurance stated on the declaration page;
2) only pay you up to twenty-five percent (25%) of the limit or amount of insurance
stated on the declaration page, if you decide not to repair or not to return the dwelling,
detached private structure or Strata Unit to rental occupancy.
We will deduct those expenses, which do not continue while the dwelling, detached private
structure, or Strata Unit is unfit for occupancy.
3.15.2
Loss or Damage Not Insured
All other terms, conditions or limitations within this policy remain unchanged.
3.15.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.16
Residential Rental Rider D1
3.16.1
Description of Coverage
3.16.1.1
Dwelling Building
We insure:
1) The dwelling and attached structures.
2) Permanently installed outdoor equipment on the premises.
3) Swimming pools, hot tubs and attached equipment on the premises.
38
Optional Coverages Cont'd
4)
Materials and supplies located on or adjacent to the premises intended for use in
construction, alteration or repair of the dwelling or private structures on the premises.
3.16.1.1.1
Extensions of Coverage
These extensions of coverage do not increase the amounts of insurance stated in the
policy.
We insure:
1) You may apply up to ten percent (10%) of the amount of insurance of the dwelling to
insure each of the following:
a) Building Fixtures and Fittings: Temporarily removed from the premises for repair
or seasonal storage.
b) Detached Permanent Private Structures: We insure permanent private structures
or outbuildings on the premises separated by a clear space from the dwelling and
not insured under the building. If you have more than one (1) detached structure,
the amount of insurance coverage on each will be divided in the proportions that
the value of each structure has to the total value of all your detached private
structures at the time of loss.
c) Rental Income: On rental income, the rental value of said building(s) unfurnished.
If an Insured Peril makes that part of the Strata Unit or dwelling or detached
private structures rented to others or held for rental by you, unfit for occupancy,
payment shall be for the reasonable time required to repair or replace that part of
the Strata Unit or dwelling or detached private structures rented or held for rental.
Rental income shall not include any expense that does not continue while the
premises held for rental is unfit for occupancy. If a civil authority prohibits access
to the Strata Unit or to the dwelling or detached private structures rented to
others or held for rental, as a direct result of damage to neighboring premises by
an Insured Peril, we insure any resulting fair rental income loss for a period not
exceeding two (2) weeks.
2) Debris removal: We will pay the cost of cleaning and removal of debris as a result of
an Insured Peril.
3) Property removed: If you must remove insured property from your premises to protect
it from loss or damage, it is insured by this policy for seven (7) days or until your policy
term ends – whichever occurs first. The amount of insurance will be divided in the
proportions that the value of the property removed bears to the value of all insured
property at the time of loss.
4) Tear out: If any walls, ceilings or other parts of the insured dwelling or structure must
be removed or torn apart so that water damage covered by this policy can be repaired,
we will pay the cost of repairing that which had to be torn apart. The cost of tearing out
and replacing property to repair damage related to outdoor domestic water containers
or public watermains is not insured.
3.16.1.2
1)
Personal Property
We insure the contents of your dwelling or Strata Unit and other personal property
you own, wear or use while on your premises, which is usual to the ownership or
maintenance of a dwelling or Strata Unit.
Personal property temporarily removed to any other location you own is not insured nor is
your property insured while stored in a warehouse.
39
Optional Coverages Cont'd
3.16.1.2.1
Extensions of Coverage
These extensions of coverage do not increase the amounts of insurance stated in the
policy.
We insure:
1) You may apply up to ten percent (10%) of the amount of insurance on your personal
property to insure each of the following:
a) Uninsured Personal Property of Others: While it is on that portion of the
premises, which you occupy, but we do not insure property of roomers or
boarders who are not related to you. Any loss will be adjusted with and payable
to you.
b) Personal Property Temporarily Away: Your personal property, excluding
watercraft, while temporarily away from the premises anywhere in Canada or in
the Continental United States of America. Personal property temporarily removed
to any other location you own is not insured nor is your property insured while
stored in a warehouse.
c) Building Improvements and Additions: (Applies to Strata Unit Owners only) We
will pay under Coverage C – Personal Property for any building improvements,
betterments, additions, alterations, fixtures or installations made or purchased
at your expense, when situated within your Strata Unit, up to a maximum limit of
$100,000.
d) Rental Income: (Applies to Strata Unit Owners only) If an Insured Peril makes
that part of the Strata Unit rented to others or held for rental by you, unfit for
occupancy, payment shall be for the reasonable time required to repair or replace
that part of the Strata Unit rented or held for rental. Rental income shall not
include any expense that does not continue while the premises held for rental is
unfit for occupancy. If a civil authority prohibits access to the Strata Unit rented to
others or held for rental, as a direct result of damage to neighboring premises by
an Insured Peril, we insure any resulting fair rental income loss for a period not
exceeding two (2) weeks.
2) Tear out: If your Strata Unit Fixtures and Improvements to Strata Unit Fixtures must be
removed or torn apart so that water damage covered by this policy can be repaired,
we will pay the cost of repairing that which had to be torn apart. The cost of tearing out
and replacing property to repair damage related to outdoor domestic water containers
or public watermains is not insured.
3) Strata Deductible Assessment: (Applies to Strata Unit Owners) We will pay under
Coverage C -Personal Property up to $5,000 for any assessment charged against you
by the Strata Corporation to recover any portion of the Strata Corporation’s insurance
deductible if:
a) the assessment is valid under the governing rules of the Strata Corporation; and
b) it is made necessary by direct physical loss or damage to the Common Assets
and Strata Buildings owned by the Strata Corporation caused by a peril insured
and not excluded in this policy; and
c) the physical loss or damage occurs and the assessment is made within this
policy term.
We will not pay under item 3) for any regular monthly Strata maintenance fees; any
special levy not related to a loss under the Strata policy; any fines levied by the Strata
Corporation or Strata Council.
40
Optional Coverages Cont'd
3.16.1.2.2
Special Limits of Insurance
These special limits do not increase the amounts of insurance stated in the policy.
We insure:
1) Books, tools and instruments which you personally own pertaining to a business,
profession or occupation, but only while on your premises, for an amount up to $2,000
in all. Business property, including samples and goods held for sale, is not insured.
2) Watercraft, their furnishings, equipment, accessories and motors up to $3,000 in all.
However, we do not insure watercraft equipped with an inboard jet water propulsion
system.
3.16.2
Perils Insured
You are insured against direct physical loss or damage caused by the following perils as
described and limited:
1) Fire;
2) Lightning;
3) Explosion, this peril does not include loss or damage resulting directly or indirectly
from water hammer or rupture of a vessel or conduit due to water pressure;
4) Falling Object, this peril means a falling object, which strikes the exterior of a building,
but not objects which strike the building because of snow slide, earthquake, landslide,
or other earth movement. We do not insure loss or damage to glass that forms part of
your dwelling or detached private structures or your Strata Unit;
5) Impact by Aircraft or Land Vehicle, this peril does not include any impact by a vehicle
owned or operated by you or your employees. Animals are not insured under this peril;
6) Riot;
7) Water Damage,
We insure loss or damage caused by:
a) the sudden and accidental escape of water from a watermain;
b) the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system, which is located inside your
dwelling or which is located inside the Strata Building containing your Strata Unit.
However such damage is not covered when the escape of water is caused by
freezing of any part of a plumbing, heating, sprinkler or air conditioning system
within an unheated portion of your dwelling or the Strata Building containing your
Strata Unit during the usual heating season.
You are also not insured if the escape of water is caused by freezing
which occurs during the usual heating season if you have been away from your
premises more than four (4) consecutive days. However, if you had arranged for
a competent person to enter your dwelling or unit daily to ensure that heating
was being maintained or if you had shut off the water supply and had drained all
the pipes and appliances, you would still be covered;
c) the sudden and accidental escape of water or steam from a domestic water
container located on your premises or located within the Strata Building
containing your Strata Unit. However, such damage is not covered when the
escape of water is caused by freezing;
d) the sudden and accidental entry of water, including rain or water from the melting
of ice or snow, into your dwelling through any opening in the roof which has been
created by a Specified Peril other than Water Damage;
but we do not insure loss or damage:
41
Optional Coverages Cont'd
i)
ii)
caused by continuous or repeated seepage or leakage of water;
caused by the backing up or escape of water from a drain, drainpipe, sewer,
sump or septic tank, which is located outside your dwelling or located outside the
Strata Building containing your Strata Unit;
iii) caused by flood, ground water or rising of the water table;
iv) caused by surface water, unless the water escapes as described in a) above;
v) to a watermain;
vi) to a system or domestic water container from which the water escaped;
vii) occurring while the building or your Strata Unit is under construction or vacant
even if we have given permission for construction or vacancy;
8) Smoke, this peril means smoke damage from the sudden and accidental discharge of
smoke from a heating or cooking apparatus or from external sources, but excluding
smoke from agricultural smudging or industrial operations;
9) Vandalism or Malicious Acts, this peril does not include loss or damage:
a) occurring while the building or Strata Unit insured or containing the property
insured is under construction or vacant even if we have given permission for
construction or vacancy;
b) caused by you;
c) to glass which forms part of a building or Strata Unit;
d) caused by theft or attempted theft;
e) caused by any tenant, members of the tenant’s household or employees of the
tenant if the dwelling or Strata Unit or a portion of it is rented to others;
10) Windstorm or Hail, this peril does not include loss or damage to your personal
property within a building or to the interior of a building or to Strata Unit Fixtures and
Improvements to Strata Unit Fixtures (if you are a Strata Unit Owner) caused by
windstorm or hail, unless the storm first creates an opening in the building. This peril
does not include damage:
a) to outdoor radio and TV antennae, satellite receivers measuring more than forty
(40) inches in diameter, and their attachments;
b) caused directly or indirectly by water, water-borne objects, ice, tidal waves,
waves, floods, whether driven by wind or not, or snow slide, earthquake,
landslide or other earth movement;
c) caused by hail, if the mobile home has a metal roof and/or siding, unless the hail
directly creates an opening in the roof and/or siding;
11) Collision, we insure loss or damage to the mobile home only while the mobile home is
being transported or towed by a vehicle operated in the business of a person licensed
as a common carrier. Collision to a mobile home means upset or collision with another
object including but not limited to moving or stationary objects or vehicles, the surface
of the ground or an inanimate object on or near the ground.
3.16.3
Loss or Damage Not Insured
We do not insure:
1) buildings, Strata units or structures used in whole or in part for business or farming
purposes;
2) any property lawfully seized or confiscated, unless destroyed to prevent the spread of
fire;
3) any property illegally acquired or kept, or stored or transported, or imported, or
property subject to forfeiture;
4) books of account or evidences of debt or title;
5) losses or increased costs of repair or replacement caused by the operation of any law
42
Optional Coverages Cont'd
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
regulating the zoning, demolition, repair or construction of buildings and their related
services;
the cost of making good:
a) faulty or improper material;
b) faulty or improper workmanship;
c) faulty or improper design;
provided, however, to the extent otherwise insured and not otherwise excluded under
this policy, resultant damage to the property is insured;
loss or damage caused by or comprising wear and tear, deterioration, rust or
corrosion, inherent vice, latent defect, or wet or dry rot, or “fungi” or “spores”;
loss or damage caused by contamination or pollution, or the release, discharge or
dispersal of contaminants or pollutants;
loss or damage caused by radioactive material;
loss or damage caused by snow slide, landslide or other earth movement. If any of
these results in fire or explosion, we will pay only for the resulting loss or damage;
personal property while undergoing a process involving the application of heat, but
resulting damage to other property is insured;
loss or damage caused by war, invasion, act of a foreign enemy, hostilities, civil war,
rebellion, revolution, insurrection or military power;
loss or damage caused by any nuclear incident as defined in the Nuclear Liability
Act or any other nuclear liability act, law or statute, or any law amendatory thereof or
nuclear explosion, except for ensuing loss or damage that results directly from fire,
lightning or explosion of natural, coal or manufactured gas;
loss or damage occurring after your dwelling or Strata Unit has, to your knowledge,
been vacant or unoccupied for more than thirty (30) consecutive days;
loss or damage caused by any intentional or criminal act or failure to act by:
a) any person insured by this policy; or
b) any other person at the direction of any person insured by this policy;
losses caused by:
a) erasure, destruction, corruption, misappropriation, or misinterpretation, of data; or
b) error in creating, amending, entering, deleting or using data; or
c) inability to receive, transmit or use data,
unless the loss or damage results from fire, explosion, aircraft or vehicle impact, falling
objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, freeze or
weight of snow;
loss of or damage to:
a) motorized vehicles or their equipment (except for watercraft, lawn mowers, other
gardening equipment, snow blowers, wheelchairs or scooters having more than
two (2) wheels and specifically designed for the carriage of a person who has a
physical disability);
b) camper units, truck caps, trailers, or their equipment;
c) aircraft or their equipment,
in this case, equipment includes audio, visual, recording or transmitting equipment
powered by the electrical system of a motor vehicle or aircraft;
loss or damage caused by earthquake. If the earthquake results in fire or explosion,
we will pay only for the resulting loss or damage from the fire or explosion;
money including cash cards and securities;
lawns and outdoor trees, shrubs, plants and landscaping;
loss or damage caused by Terrorism or by any activity or decision of a government
agency or other entity to prevent, respond to or terminate Terrorism, except for
ensuing loss or damage which results directly from fire or explosion;
loss or damage to buildings, Strata Units, structures or personal property contained
43
Optional Coverages Cont'd
in them, used in whole or in part for the cultivation, harvesting, storage, processing,
manufacture, distribution or sale of marijuana or any product derived from or
containing marijuana or any other substance falling within the Controlled Drugs and
Substances Act SC 1996, c19, whether or not you have knowledge of such activity.
3.16.4
Basis of Claim Payment – Building
We agree to pay an amount not exceeding the lesser of:
1) Actual Cash Value at time of loss;
2) Your financial interest in the property;
3) The policy limits; and subject to any pro rata provision stated; or
If you repair or replace the damaged or destroyed building on the same premises, with a
building of the same occupancy constructed with materials of equivalent kind and quality
within a reasonable time after the damage, you may choose as the basis of loss settlement
either a) or b) below; otherwise settlement will be as in b).
a)
The cost of repairs or replacement (whichever is less) without deduction for
depreciation, in which case we will pay in the proportion that the applicable amount
of insurance bears to eighty percent (80%) of the replacement cost of the damaged
building on the date of damage, but not exceeding the actual cost incurred.
b)
The Actual Cash Value of the damage on the date of occurrence.
In determining the cost of repairs or replacement under a) or the amount payable under b)
above, we will not pay or include the increased costs of repair or replacement due to the
operation of any law regulating the zoning, demolition, repair or construction of buildings
and their related services.
If this Rider insures two (2) or more buildings, this basis of claim payment applies
separately to each building.
3.16.5
Basis of Claim Payment – Personal Property
We will pay the Actual Cash Value of the damage up to the applicable amount of insurance.
3.16.5.1 Actual Cash Value
The Actual Cash Value will take into account such things as the cost of replacement
less any depreciation, and in determining depreciation we will consider the condition
immediately before the damage, the resale value and the normal life expectancy.
3.16.6
Deductible
We are responsible only for the amount by which the loss or damage caused by any of the
Insured Perils exceeds the amount of the deductible shown on the declaration page for this
Rider, in any one (1) occurrence.
If the claim involves personal property on which the Special Limits of Insurance apply, the
limitations apply to losses exceeding the deductible amount.
44
Optional Coverages Cont'd
3.17
Residence Glass Rider R1
3.17.1
Description of Coverage
We extend the insurance provided on the dwelling building(s) (other than a seasonal
dwelling) to include accidental glass breakage. Glass breakage means direct loss or
damage to glass forming a part of the building(s) insured, including glass in storm doors
and storm windows.
3.17.2
Loss or Damage Not Insured
We do not insure:
1) loss or damage otherwise recoverable under this policy to which this Rider applies;
2) loss or damage occurring while a building in which the glass is located is under
construction or vacant even if we have given permission for construction or vacancy;
3) loss or damage caused by any intentional or criminal act or failure to act by:
a) any person insured by this Rider; or
b) any other person at the direction of any person insured by this Rider;
4) loss or damage caused by snow slide, earthquake, landslide or other earth movement.
If any of these results in fire or explosion, we will pay only for the resulting loss or
damage.
3.17.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.18
Scheduled Personal Property Rider R2
3.18.1
Description of Coverage
We insure your scheduled personal property described on the declaration page against
all risks of direct physical loss or damage, anywhere in the world, except as excluded or
limited. Each article is considered separately insured. We will pay up to the amount shown
for each item.
3.18.2
Loss or Damage Not Insured
We do not insure:
1) any property used professionally unless we have given our written permission;
2) any property illegally acquired or kept, or stored or transported, or imported, or
property subject to forfeiture;
3) any property lawfully seized or confiscated unless the property is destroyed to prevent
the spread of fire;
4) loss or damage caused by or comprising wear and tear, vermin, raccoons, skunks,
rodents, insects, deterioration, obsolescence, rust, corrosion, latent defect, inherent
vice, defect or mechanical breakdown;
5) loss or damage caused by any nuclear incident as defined in the Nuclear Liability
Act or any other nuclear liability act, law or statute, or any law amendatory thereof or
nuclear explosion, except for ensuing loss or damage which results directly from fire,
45
Optional Coverages Cont'd
6)
7)
8)
9)
10)
11)
12)
13)
14)
lightning or explosion of natural, coal or manufactured gas;
loss or damage caused by radioactive material;
loss or damage caused by war, invasion, act of foreign enemy, hostilities, rebellion,
revolution, insurrection or military power;
loss or damage caused by any intentional or criminal act or failure to act by;
a) any person insured by this Rider; or
b) any other person at the direction of any person insured by this Rider;
any property rented or leased for compensation to others;
loss or damage caused by:
a) erasure, destruction, corruption, misappropriation, misinterpretation, of data;
b) error in creating, amending, entering, deleting or using data;
c) inability to receive, transmit or use data,
unless the loss or damage results from fire, explosion, aircraft or vehicle impact, falling
objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, freeze or
weight of snow;
loss or damage caused by contamination or pollution, or the release, discharge or
dispersal of contaminants or pollutants;
loss or damage caused by electrical currents, other than lightning, which damage
electrical devices or appliances, unless fire or explosion follows, and then only for the
resulting damage;
loss or damage caused by any process or work being performed on your property
where the damage results from such process or work;
breakage of glassware, statuary, marbles, bric-a-brac, porcelains and other fine arts
unless caused by fire, earthquake, explosion, falling object striking the exterior of a
building or unit, impact by aircraft or land vehicle, lightning, riot, smoke, vandalism or
malicious acts, windstorm or hail or by accident to land vehicle, watercraft or aircraft,
or by theft or attempted theft.
3.18.3
Special Conditions
1)
Stamp, Coin, Collectible Cards, and Comic Book Collections:
a) We will pay for loss or damage to your collection in the proportion that the
amount of insurance on your collection bears to its cash market value at the time
of loss. We will not pay more than $250 on any single article of your collection,
unless we specify a greater amount on the declaration page.
b) A single article means any one (1) stamp, coin, collectible card, comic book or
other individual article or pair, strip, block, series, sheet cover, frame, card or the
like.
2)
Newly Acquired Articles:
a) If you acquire any additional articles of the type for which an amount of insurance
is shown, we will automatically insure these under this coverage provided you
notify us within thirty (30) days. We will not pay more than $5,000 under this
extension.
b) If, following payment of a claim, you acquire any articles to replace those, which
were lost or damaged, you must tell us within thirty (30) days of acquisition.
3.18.4
Basis of Claim Payment
We agree to pay on a Replacement Cost basis up to the amount or limit set opposite the
respective article described on the declaration page. However, we may choose to repair or
46
Optional Coverages Cont'd
replace any lost or damaged article with another of like quality and value which could result
in a settlement that pays you less than the limit you insured for.
3.18.5
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.19
Seasonal Burglary or Robbery Rider S2
3.19.1
Description of Coverage
We agree to extend the insurance provided for personal property from the premises
insured, to include loss from Burglary or Robbery.
We will also pay up to $500 of the amount of insurance on your personal property for
damage to the building caused by burglary.
This coverage does not increase the amounts of insurance stated in the policy.
3.19.2
Loss or Damage Not Insured
We do not insure loss or damage:
1) to animals, birds or fish;
2) occurring while the building is under construction or vacant even if we have given
permission for construction or vacancy;
3) caused by any tenant, members of the tenant’s household or employees of the tenant,
if the part of the dwelling containing the property insured normally occupied by you is
rented to others;
4) caused by vandalism or malicious acts.
3.19.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.20
Seasonal Dwelling Rider S1
3.20.1
Description of Coverage
3.20.1.1
Dwelling Building
We insure:
1) The dwelling and attached structures.
2) Permanently installed outdoor equipment on the premises.
3) Swimming pools, hot tubs and attached equipment on the premises.
4) Materials and supplies located on or adjacent to the premises intended for use in
construction, alteration or repair of the dwelling or private structures on the premises.
47
Optional Coverages Cont'd
3.20.1.1.1
Extensions of Coverage
These extensions of coverage do not increase the amounts of insurance stated in this
policy.
We insure:
1) You may apply up to ten percent (10%) of the amount of insurance on the dwelling to
insure each of the following:
a) Building Fixtures and Fittings: Temporarily away from the premises for repair or
seasonal storage.
b) Detached Permanent Private Structures: We insure permanent private structures
or outbuildings on the premises separated by a clear space from the dwelling and
not insured under the building. If you have more than one (1) detached structure
the amount of insurance coverage will be divided in the proportions that the value
of each structure has to the total value of all your detached private structures at
the time of loss.
2) Debris removal: We will pay the cost of cleaning and removal of debris as a result of
an Insured Peril.
3) Property removed: If you must remove insured property from your premises to protect
it from loss or damage, it is insured by this policy for seven (7) days or until your policy
term ends – whichever occurs first. The amount of insurance will be divided in the
proportions that the value of the property removed bears to the value of all insured
property at the time of loss.
4) Tear out: If any walls, ceilings or other parts of the insured dwelling or structures must
be removed or torn apart so that water damage covered by this policy can be repaired,
we will pay the cost of repairing that which had to be torn apart. The cost of tearing out
and replacing property to repair damage related to outdoor domestic water containers
or public watermains is not insured.
3.20.1.2
Personal Property
We insure the contents of your dwelling and other personal property you own, wear or use
while on your premises, which is usual to the ownership or maintenance of a dwelling.
Personal property temporarily removed to any other location you own is not insured nor is
your property insured while stored in a warehouse.
3.20.1.2.1
Extensions of Coverage
These extensions of coverage do not increase the amounts of insurance stated in this
policy.
We insure:
1) You may apply up to ten percent (10%) of the amount of insurance on your personal
property to insure each of the following:
a) Uninsured Personal Property of Others: While it is on that portion of the premises
which you occupy, but we do not insure property of roomers or boarders who are
not related to you. Any loss will be adjusted with and payable to you;
b) Building Improvements and Additions: (Applies to Strata Unit Owners only) We
will pay under Coverage C – Personal Property for any building improvements,
betterments, additions, alterations, fixtures or installations made or purchased
at your expense, when situated within your Strata Unit, up to a maximum limit of
$100,000;
48
Optional Coverages Cont'd
2)
Strata Deductible Assessment: (Applies to Strata Unit Owners) We will pay under
Coverage C - Personal Property up to $5,000 for any assessment charged against
you by the Strata Corporation to recover any portion of the Strata Corporation’s
insurance deductible if:
a) the assessment is valid under the governing rules of the Strata Corporation; and
b) it is made necessary by direct physical loss or damage to the Common Assets
and Strata Buildings owned by the Strata Corporation caused by a peril insured
and not excluded in this policy; and
c) the physical loss or damage occurs and the assessment is made within this
policy term.
We will not pay under item 2) for any regular monthly Strata maintenance fees; any
special levy not related to a loss under the Strata policy; any fines levied by the Strata
Corporation or Strata Council.
3.20.1.2.2
Special Limits of Insurance
These special limits do not increase the amounts of insurance stated in the policy.
We insure:
1) Books, tools, and instruments which you personally own pertaining to a business,
profession or occupation, but only while on your premises, for an amount up to $2,000
in all. Business property, including samples and goods held for sale, is not insured.
2) Watercraft, their furnishings, equipment, accessories and motors up to $3,000 in all.
However, we do not insure watercraft equipped with an inboard jet water propulsion
system.
3.20.2
Perils Insured
You are insured against direct physical loss or damage caused by the following perils as
described and limited:
1) Fire;
2) Lightning;
3) Explosion, this peril does not include loss or damage resulting directly or indirectly
from water hammer or rupture of a vessel or conduit due to water pressure;
4) Falling Object, this peril means a falling object, which strikes the exterior of a building,
but not objects which strike the building because of snow slide, earthquake, landslide,
or other earth movement. We do not insure loss or damage to glass that forms part of
your dwelling or detached private structures or your Strata Unit;
5) Impact by Aircraft or Land Vehicle, this peril does not include any impact by a vehicle
owned or operated by you or your employees. Animals are not insured under this peril;
6) Riot;
7) Water Damage:
We insure loss or damage caused by:
a) the sudden and accidental escape of water from a watermain;
b) the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system, which is located inside your
dwelling or which is located inside the Strata Building containing your Strata Unit.
However such damage is not covered when the escape of water is caused by
freezing of any part of a plumbing, heating, sprinkler or air conditioning system
within an unheated portion of your dwelling or the Strata Building containing your
Strata Unit during the usual heating season.
49
Optional Coverages Cont'd
You are also not insured if the escape of water is caused by freezing
which occurs during the usual heating season if you have been away from your
premises more than four (4) consecutive days. However, if you had arranged for
a competent person to enter your dwelling or unit daily to ensure that heating
was being maintained or if you had shut off the water supply and had drained all
the pipes and appliances, you would still be covered;
c) the sudden and accidental escape of water or steam from a domestic water
container located on your premises or located within the Strata Building
containing your Strata Unit. However, such damage is not covered when the
escape of water is caused by freezing;
d) the sudden and accidental entry of water, including rain or water from the melting
of ice or snow, into your dwelling through any opening in the roof which has been
created by a Specified Peril other than Water Damage;
but we do not insure loss or damage:
i)
caused by continuous or repeated seepage or leakage of water;
ii) caused by the backing up or escape of water from a drain, drainpipe, sewer,
sump or septic tank, which is located outside your dwelling or located outside the
Strata Building containing your Strata Unit;
iii) caused by flood, ground water or rising of the water table;
iv) caused by surface water, unless the water escapes as described in a) above;
v) to a watermain;
vi) to a system or domestic water container from which the water escaped;
vii) occurring while the building or your Strata Unit is under construction or vacant
even if we have given permission for construction or vacancy;
8) Smoke, this peril means smoke damage from the sudden and accidental discharge of
smoke from a heating or cooking apparatus or from external sources, but excluding
smoke from agricultural smudging or industrial operations;
9) Windstorm or Hail, this peril does not include loss or damage to your personal
property within a building or to the interior of a building or to Strata Unit Fixtures and
Improvements to Strata Unit Fixtures (if you are a Strata Unit Owner) caused by
windstorm or hail, unless the storm first creates an opening in the building. This peril
does not include damage:
a) to outdoor radio and TV antennae, satellite receivers measuring more than forty
(40) inches in diameter, and their attachments;
b) caused directly or indirectly by water, water-borne objects, ice, tidal waves,
waves, floods, whether driven by wind or not, or snow slide, earthquake,
landslide or other earth movement;
c) caused by hail, if the mobile home has a metal roof and/or siding, unless the hail
directly creates an opening in the roof and/or siding;
10) Collision, we insure loss or damage to the mobile home only while the mobile home is
being transported or towed by a vehicle operated in the business of a person licensed
as a common carrier. Collision to a mobile home means upset or collision with another
object including but not limited to moving or stationary objects or vehicles, the surface
of the ground or an inanimate object on or near the ground.
3.20.3
Loss or Damage Not Insured
We do not insure:
1) buildings or structures used in whole or in part for business or farming purposes;
2) any property lawfully seized or confiscated, unless destroyed to prevent the spread of
fire;
50
Optional Coverages Cont'd
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
any property illegally acquired or kept, or stored or transported, or imported, or
property subject to forfeiture;
books of account and evidences of debt or title;
losses or increased costs of repair or replacement due to the operation of any law
regulating the zoning, demolition, repair or construction of buildings and their related
services;
the cost of making good:
a) faulty or improper material;
b) faulty or improper workmanship;
c) faulty or improper design;
provided however, to the extent otherwise insured and not otherwise excluded under
this policy, resultant damage to the property is insured;
loss or damage caused by or comprising wear and tear, deterioration, rust or
corrosion, inherent vice, latent defect, or wet or dry rot, fungi or spore(s);
loss or damage caused by contamination or pollution, or the release, discharge or
dispersal of contaminants or pollutants;
loss or damage caused by radioactive material;
loss or damage caused by snow slide, landslide or other earth movement. If any of
these results in fire or explosion, we will pay only for the resulting loss or damage;
personal property while undergoing a process involving the application of heat, but
resulting damage to other property is insured;
loss or damage caused by war, invasion, act of a foreign enemy, hostilities, civil war,
rebellion, revolution, insurrection or military power;
loss or damage caused by any nuclear incident as defined in the Nuclear Liability
Act or any other nuclear liability act, law or statute, or any law amendatory thereof or
nuclear explosion, except for ensuing loss or damage that results directly from fire,
lightning or explosion of natural, coal or manufactured gas;
loss or damage occurring after your dwelling or Strata Unit has, to your knowledge,
been vacant or unoccupied for more than thirty (30) consecutive days;
loss or damage caused by any intentional or criminal act or failure to act by:
a) any person insured by this policy; or
b) any other person at the direction of any person insured by this policy;
loss or damage caused by:
a) erasure, destruction, corruption, misappropriation, or misinterpretation, of data; or
b) error in creating, amending, entering, deleting or using data; or
c) inability to receive, transmit or use data,
unless the loss or damage results from fire, explosion, aircraft or vehicle impact, falling
objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, freeze or
weight of snow;
loss of or damage to:
a) motorized vehicles or their equipment (except for watercraft, lawn mowers, other
gardening equipment, snow blowers, wheelchairs or scooters having more than
two (2) wheels and specifically designed for the carriage of a person who has a
physical disability);
b) camper units, truck caps, trailers, or their equipment;
c) aircraft or their equipment,
in this case, equipment includes audio, visual, recording or transmitting equipment
powered by the electrical system of a motor vehicle or aircraft;
loss or damage caused by earthquake. If the earthquake results in fire or explosion,
we will pay only for the resulting loss or damage from the fire or explosion;
money including cash cards and securities;
lawns and outdoor trees, shrubs, plants or landscaping;
51
Optional Coverages Cont'd
21) loss or damage caused by Terrorism or by any activity or decision of a government
agency or other entity to prevent, respond to or terminate Terrorism, except for
ensuing loss or damage which results directly from fire or explosion;
22) loss or damage to buildings, Strata Units, structures or personal property contained
in them, used in whole or in part for the cultivation, harvesting, storage, processing,
manufacture, distribution or sale of marijuana or any product derived from or
containing marijuana or any other substance falling within the Controlled Drugs and
Substances Act SC 1996, c19, whether or not you have knowledge of such activity.
3.20.4
Basis of Claim Payment
We agree to pay an amount not exceeding the lesser of:
1) Actual Cash Value at time of loss;
2) your financial interest in the property;
3) the policy limits; and subject to any pro rata provision stated.
3.20.4.1 Actual Cash Value
The Actual Cash Value will take into account such things as the cost of replacement
less any depreciation, and in determining depreciation we will consider the condition
immediately before the damage, the resale value and the normal life expectancy.
3.20.5
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
If the claim involves personal property on which the Special Limits of Insurance apply, the
limitations apply to losses exceeding the deductible amount.
3.21
Seasonal Vandalism Rider S3
3.21.1
Description of Coverage
We agree to extend the insurance provided under your Seasonal Dwelling Rider S1, to
include direct loss or damage caused by vandalism or malicious acts.
This coverage does not increase the amounts of insurance stated in the policy.
3.21.2
Loss or Damage Not Insured
We do not insure loss or damage:
1) occurring while the building is under construction or vacant even if we have given
permission for construction or vacancy; or
2) caused by burglary or attempted burglary.
3.21.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for Rider S3, in any one (1) occurrence.
52
Optional Coverages Cont'd
3.22
Storage Rider R12
3.22.1
Description of Coverage
We extend coverage to your personal property while it is stored, for the amount shown, and
only while at the location specified, on the declaration page.
You are insured against all risks of direct physical loss or damage from any external cause,
subject to the exclusions and conditions in this Rider.
3.22.2
Loss or Damage Not Insured
We do not insure:
1) growing plants, animals, birds or fish, money including cash cards (meaning cards
designed to store a cash value by electronic means for use as a mode of payment,
without a personal identification number and without direct access to a bank or other
account), notes, securities, stamps, accounts, bills, evidences of debt or title, letters of
credit, passports, transportation tickets and other documents having a negotiable or
market value;
2) watercraft, motor vehicles, trailers, camper units, aircraft or their equipment, furs,
fur garments and garments trimmed with fur, jewels, jewellery, costume jewellery,
numismatic property, manuscripts, stamps and philatelic property, collectible cards,
comic books, watches, pearls, precious and semi-precious stones, gold, silver,
platinum and other precious metals and alloy;
3) any property illegally acquired or kept, or stored or transported, or imported, or
property subject to forfeiture; any property lawfully seized or confiscated unless
destroyed to prevent the spread of fire;
4) loss or damage caused by theft, mysterious disappearance or any loss or shortage
disclosed on taking inventory. Coverage does apply to loss or damage caused by
burglary;
5) loss or damage caused by the entrance of rain, sleet or snow through doors,
windows, skylights or other similar wall or roof openings, unless through an aperture
concurrently caused by a peril not otherwise excluded; seepage, leakage or influx of
water derived from natural sources through basement walls, doors, windows or any
other openings therein; foundations, basement floors, sidewalks or sidewalk lights, or
the backing up of sewers, sumps, septic tanks or drains. This exclusion does not apply
to loss or damage caused by fire, explosion, riot, vandalism or malicious acts;
6) loss or damage caused by dampness of atmosphere, dryness of atmosphere,
extremes or changes of temperature, heating, shrinkage, evaporation, loss of weight,
leakage of contents, exposure to light, change in flavor or color or texture or finish,
rust or corrosion, breakage of glass or similar fragile materials, marring, scratching,
wear and tear, deterioration, wet or dry rot, crushing or tearing, fungi or spore(s).
This exclusion does not apply to loss or damage caused by fire, lightning, windstorm,
hail, explosion, strike, riot, impact by aircraft, leakage from fire protection equipment,
rupture of pipes or breakage of apparatus, vandalism or malicious acts, burglary or
attempt thereat;
7) loss or damage caused by electrical disturbances to electrical appliances or devices;
or by electric or magnetic injury, disturbance or erasure of electronic recordings except
by lightning;
8) loss or damage caused by vermin, raccoons, skunks, rodents or insects;
9) loss or damage caused by delay, loss of market or loss of use;
53
Optional Coverages Cont'd
10) loss or damage sustained while the property insured is actually being worked upon or
resulting therefrom;
11) loss or damage caused by any dishonest act on the part of the insured or other party
of interest, his or their employees or agents or any person to whom the property may
be entrusted;
12) loss or damage caused by mechanical breakdown, latent defect, faulty or improper
material, faulty or improper workmanship, faulty or improper design, inherent vice,
deterioration or wear and tear;
13) loss or damage caused by snow slide, landslide or other earth movement. If any of
these results in fire or explosion, we will pay only for the resulting loss or damage;
14) loss or damage caused by flood, surface water, spray, waves, tidal waves, ice or
water-borne objects, all whether driven by wind or not;
15) loss or damage caused by war, invasion, act of a foreign enemy, hostilities, civil war,
rebellion, revolution, insurrection or military power;
16) loss or damage caused by any nuclear incident as defined in the Nuclear Liability
Act or any other nuclear liability act, law or statute, or any law amendatory thereof or
nuclear explosion, except for ensuing loss or damage that results directly from fire,
lightning or explosion of natural, coal or manufactured gas;
17) loss or damage caused by radioactive material;
18) loss or damage caused by earthquake. If the earthquake results in fire or explosion,
we will pay only for the resulting loss or damage from the fire or explosion;
19) loss or damage caused by contamination or pollution, or the release, discharge or
dispersal of contaminants or pollutants;
20) loss or damage caused by Terrorism or by any activity or decision of a government
agency or other entity to prevent, respond to or terminate Terrorism, except for
ensuing loss or damage which results directly from fire or explosion.
3.22.3
Basis of Claim Payment
We agree to pay an amount not exceeding whichever the least is of:
1) Actual Cash Value at time of loss;
2) your financial interest in the property;
3) the policy limit, and subject to any pro rata provision stated.
3.22.3.1 Replacement Cost
The term “Replacement Cost” is substituted for the term “Actual Cash Value” in reference to
your personal property in storage under this Rider, when you fully comply with the following
conditions:
1) the article is owned by you, and
2) the article has been maintained in good and workable condition, and
3) you actually repair or replace the article promptly.
We agree to pay the lesser of the following:
a) the Replacement Cost of the insured article, or
b) the cost to repair the insured article with material of equivalent kind and quality, or
c) the specified limit of insurance for the insured article or class of article.
This Replacement Cost coverage does not apply to antiques, fine arts, memorabilia or any
article or collection of articles whose age, history or rarity contributes significantly to its
value. Loss or damage to such ineligible property will be adjusted on an Actual Cash Value
basis.
54
Optional Coverages Cont'd
3.22.4
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
3.23
Voluntary Compensation for Employees Rider R3
3.23.1
Description of Coverage
We will offer to pay voluntarily the benefits described below, if your residence employee is
injured or dies accidentally while working for you, even though you are not legally liable.
If your residence employee does not accept these benefits or sues you, we may withdraw
our offer, but this will not affect your legal liability insurance.
A residence employee or any person acting on his behalf who accepts these benefits must
sign a Release giving up any right to sue you. We have the right to recover from anyone
(excluding all services available under any Hospital Insurance Act) other than you, who is
responsible for the residence employee’s injury or death.
An injured residence employee will if requested:
1) submit to physical examination at our expense by doctors we select as often as we
may reasonably require;
2) authorize us to obtain medical and other records.
In case of death, we can require an autopsy before we make payment, subject to any law
of the Province relating to autopsies.
3.23.2
Loss or Damage Not Insured
Wewillnotpaybenefits:
1) unless your residence employee was actually performing duties for you when the
accident happened;
2) for any hernia injury;
3) for injury or death caused by war, invasion, act of a foreign enemy, hostilities, civil war,
rebellion, revolution, insurrection or military power.
3.23.3ScheduleofBenefits
3.23.3.1 Loss of Life
If your residence employee dies from injuries received in the accident within the following
twenty-six (26) weeks, we will pay:
1) to those wholly dependent upon him, a total of one-hundred (100) times the weekly
indemnity in addition to any benefit for Temporary Total Disability paid up to the date of
death;
2) actual funeral expenses up to $500.
3.23.3.2 Temporary Total Disability
If your residence employee temporarily becomes totally disabled from injuries received in
55
Optional Coverages Cont'd
the accident within the following fourteen (14) days and cannot work at any job, we will pay
weekly indemnity up to twenty-six (26) weeks while such disability continues. We will not
pay for the first seven (7) days unless the disability lasts for six (6) weeks or more.
3.23.3.3 Permanent Total Disability
If your residence employee becomes permanently and totally disabled as a direct result
of bodily injuries received in the accident within the following twenty-six (26) weeks and
which have been substantiated by medical evidence satisfactory to us, and the residence
employee cannot work at any job, we will pay weekly indemnity for one-hundred (100)
weeks, in addition to benefits provided under Temporary Total Disability.
3.23.3.4InjuryBenefits
If, as a result of the accident, your residence employee suffers the loss of, or permanent
loss of use of any of the following within twenty-six (26) weeks of the accident, we will pay
weekly indemnity for the number of weeks shown. These benefits will be paid in addition to
Temporary Total Disability Benefits but no others and for not more than one-hundred (100)
times the weekly indemnity.
3.23.3.5ScheduleofInjuryBenefits
Loss or Total Irrecoverable Loss of use of:
1) Arm
a) at or above elbow one-hundred (100) weeks
b) below elbow eighty (80) weeks
2) Hand at wrist eighty (80) weeks or
3) Thumb*
a) at or above the second phalangeal joint twenty-five (25) weeks
b) below the second phalangeal joint involving a portion of the second phalange
eighteen (18) weeks
4) Index Finger*
a) at or above the second phalangeal joint twenty-five (25) weeks
b) at or above the third phalangeal joint eighteen (18) weeks
c) below the third phalangeal joint, involving a portion of the third phalange twelve
(12) weeks
5) Any other Finger*
a) at or above the second phalangeal joint fifteen (15) weeks
b) at or above the third phalangeal joint eight (8) weeks
c) below the third phalangeal joint, involving a portion of the third phalange five (5)
weeks
Note: For a combination of two (2) or more of the items marked *, we will not pay more than
eighty (80) times the weekly indemnity.
6)
7)
8)
56
Leg
a) at or above knee one-hundred (100) weeks
b) below knee seventy-five (75) weeks
Foot at ankle seventy-five (75) weeks
Great Toe**
a) at or above the second phalangeal joint fifteen (15) weeks
Optional Coverages Cont'd
b)
9)
10)
11)
12)
13)
below the second phalangeal joint, involving a portion of the second phalange
eight (8) weeks
Any other Toe**
a) at or above the second phalangeal joint ten (10) weeks
b) at or above the third phalangeal joint five (5) weeks
c) below the third phalangeal joint, involving a portion of the third phalange three (3)
weeks
One (1) eye fifty (50) weeks
Both eyes one-hundred (100) weeks
Hearing of one (1) ear twenty-five (25) weeks
Hearing of both ears one-hundred (100) weeks
Note: For a combination of two (2) or more of the items marked **, we will not pay more
than thirty-five (35) times the weekly indemnity.
3.23.3.6MedicalExpenseBenefits
If, as a result of the accident, your residence employee incurs medical expenses including
surgical, pharmaceutical and hospital expenses within the following twenty-six (26) weeks,
we will pay up to a maximum of $500 in addition to all other benefits provided by this Rider.
In addition, we will pay the cost of supplying or renewing prosthetic or orthopedic
appliances, made necessary by the accident for up to fifty-two (52) weeks from the date
of the accident. All expenses shall be in accordance with the scale of charges provided by
the Workers’ Compensation Act of the Province in which the accident occurred. We do not
insure you for costs recoverable by the residence employee under any other insurance
plans or law.
3.23.4
Deductible
There is no deductible applicable to this Rider.
3.24
DrainGuard Rider R5A
3.24.1
Description of Coverage
We agree to extend the insurance provided under Section 1 to include direct loss or
damage to property insured under Coverages A, B, and C caused by the sudden and
accidental escape of water resulting from the backup or blockage of a private drain,
drainpipe, drain tile, eavestrough, downspout, sewer, sump or septic tank, which is external
to the dwelling and which is situated on the insured premises.
3.24.2
Loss or Damage Not Insured
We do not insure loss or damage:
1) caused by flood; or
2) caused by continuous or repeated seepage or leakage of water; or
3) to a watermain; or
4) to a system or domestic water container from which the water escaped; or
5) occurring while the dwelling or Strata Unit insured is under construction or vacant,
even if we have given permission for construction or vacancy.
57
Optional Coverages Cont'd
3.24.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.25
RoofGuard Rider R5B
3.25.1
Description of Coverage
We agree to extend the insurance provided under Section 1 to include direct loss or
damage to property insured under Coverages A, B, and C caused by the sudden and
accidental entry of water, including rain or water from the melting of ice or snow, into your
dwelling through an opening in the roof or an opening around skylights or windows.
3.25.2
Loss or Damage Not Insured
We do not insure loss or damage:
1) caused by flood; or
2) caused by continuous or repeated seepage or leakage of water; or
3) to a watermain; or
4) to a system or domestic water container from which the water escaped;
5) occurring while the dwelling or Strata Unit insured is under construction or vacant,
even if we have given permission for construction or vacancy.
3.25.3
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page, in any one (1) occurrence.
3.26
Watercraft Rider R7
3.26.1
Description of Coverage
We insure your watercraft, motor(s), trailer(s), and miscellaneous accessories and
equipment as listed on the declaration page against all risks of direct physical loss or
damage, subject to the terms and conditions below, for not more than the amount or limit
set opposite the respective article described.
You are insured within the boundaries of Canada and the Continental United States of
America only.
3.26.2
1)
2)
58
Extensions of Coverage
Newly Acquired Articles: If you acquire any additional articles of the type for which an
amount of insurance is shown, we will automatically insure these under this coverage,
provided you notify us within thirty (30) days from the date of acquisition and you
pay any additional premium required. We will not pay more than $5,000 under this
extension.
Loss of Use: We will reimburse you up to $50 for any one (1) day subject to a $500
limit in any one (1) policy year, incurred for the rental of a substitute motor and/or
Optional Coverages Cont'd
3)
4)
watercraft following loss or damage caused to your motor or watercraft by an Insured
Peril.
Towing and Labor Costs: We will reimburse you up to $100 for towing and labor costs
following loss or damage caused to your motor(s) or watercraft by an Insured Peril.
Use of Other Watercraft: Permission is hereby granted to rent or borrow watercraft
from others and attach the motor(s) described on the declaration page without
prejudice to this insurance.
3.26.3
Loss or Damage Not Insured
We do not insure:
1) infidelity of persons to whom the insured property is entrusted, carriers for hire
excepted;
2) loss or damage caused by any intentional or criminal act or failure to act by:
a) any person insured by this Rider; or
b) any other person at the direction of any person insured by this Rider;
3) loss or damage caused by riot, civil commotion, war, invasion, act of a foreign enemy,
hostilities, civil war, rebellion, revolution, insurrection or military power;
4) loss or damage caused by:
a) any nuclear incident as defined in the Nuclear Liability Act or any other nuclear
liability act, law or statute, or any law amendatory thereof or nuclear explosion,
except for ensuing loss or damage which results directly from fire, lightning or
explosion of natural, coal or manufactured gas;
b) contamination from radioactive material;
5) loss or damage caused by electrical breakdown or failure, unless fire or explosion
follows, and then only for the resulting damage;
6) loss or damage caused by or comprising wear and tear, fungi or spore(s), vermin,
raccoons, skunks, rodents, insects, deterioration (including that caused by marine
life), obsolescence, rust, corrosion, latent defect, inherent vice, freezing, extremes of
temperature, marring or scratching;
7) loss or damage caused by structural defect or mechanical breakdown;
8) loss or damage to any property while undergoing any process or while being actually
worked upon and where any loss or damage is due thereto;
9) loss or damage to any property lawfully seized or confiscated unless destroyed to
prevent the spread of fire;
10) any property illegally acquired or kept, or stored or transported, or imported without a
Customs Declaration being made, or property seized or confiscated for breach of any
law or by order of any public authority;
11) loss or damage caused by snow slide, earthquake, landslide or other earth movement;
12) We provide no insurance coverage while the property is:
a) used for carrying passengers for compensation;
b) used for business purposes;
c) used in any race or speed test (except sailboats while racing);
d) rented or leased to others;
e) used in any illicit or prohibited trade or transportation;
13) loss or damage caused by Terrorism or by any activity or decision of a government
agency or other entity to prevent, respond to or terminate Terrorism, except for
ensuing loss or damage which results directly from fire or explosion.
59
Optional Coverages Cont'd
3.26.4
Basis of Claim Payment
We will pay the least of:
1) the cost to repair or replace, whichever is less, with materials of equivalent kind and
quality; or
2) the applicable amount of insurance.
However, claims for loss or damage to sails and protective covers will be adjusted on the
basis of the Actual Cash Value at the time of loss or damage, with proper deduction for
depreciation.
3.26.5
Deductible
We will pay only the amount by which the loss or damage insured exceeds the deductible
stated on the declaration page for this Rider, in any one (1) occurrence.
60
Section 4. Additional Conditions
These additional conditions are applicable to Sections 1, 2 and 3.
4.1
Standard Mortgage Clause
(Approved by the Insurance Bureau of Canada) – IBC 3000
It is hereby provided and agreed that:
1) Breach of Conditions by Mortgagor, Owner or Occupant:
This insurance and every documented renewal thereof – AS TO THE INTEREST
OF THE MORTGAGEE ONLY THEREIN – is and shall be in force notwithstanding
any act, neglect, omission or misrepresentation attributable to the mortgagor, owner
or occupant of the property insured, including transfer of interest, any vacancy or
non-occupancy or the occupancy of the property for purposes more hazardous than
specified in the description of the risk.
PROVIDED ALWAYS that the Mortgagee shall notify forthwith the Insurer (if known)
of any vacancy or non-occupancy extending beyond thirty (30) consecutive days,
or of any transfer of interest or increased hazard THAT SHALL COME TO HIS
KNOWLEDGE; and that every increase of hazard (not permitted by this policy) shall
be paid for by the Mortgagee – on reasonable demand – from the date such hazard
existed, according to the established scale of rates for the acceptance of such
increased hazard, during the continuance of this insurance.
2) Right of Subrogation:
Whenever the Insurer pays the Mortgagee any loss award under this Policy and
claims that – as to the Mortgagor or owner – no liability therefore existed, it shall
be legally subrogated to all rights of the Mortgagee against the Insured; but any
subrogation shall be limited to the amount of such loss payment and shall be
subordinate and subject to the basic right of the Mortgagee to recover the full amount
of its mortgage equity in priority to the Insurer; or the Insurer may at its option pay the
Mortgagee all amounts due or to become due under the mortgage or on the security
thereof, and shall thereupon receive a full assignment and transfer of the mortgage
together with all securities held as collateral to the mortgage debt.
3) Other Insurance:
If there be other valid and collectible insurance upon the property with loss payable
to the Mortgagee – at law or in equity – then any amount payable thereunder shall be
taken into account in determining the amount payable to the Mortgagee.
4) Who May Give Proof of Loss:
In the absence of the Insured, or the inability, refusal or neglect of the Insured to
give notice of loss or deliver the required Proof of Loss under the policy, then the
Mortgagee may give notice upon becoming aware of the loss and deliver as soon as
practicable the Proof of Loss.
5) Termination:
The term of this mortgage clause coincides with the term of the policy; PROVIDED
ALWAYS that the Insurer reserves the right to cancel the policy as provided by
Statutory provision but agrees that the Insurer will neither terminate nor alter the
policy to the prejudice of the Mortgagee without the notice stipulated in such Statutory
provision.
6) Foreclosure:
Should title or ownership to said property become vested in the Mortgagee and/or
assigns as owner or purchaser under foreclosure or otherwise, this insurance shall
continue until expiry or cancellation for the benefit of the said Mortgagee and/or
assigns.
61
Additional Conditions Cont'd
SUBJECT TO THE TERMS OF THIS MORTGAGE CLAUSE (and these shall
supersede any policy provisions in conflict therewith BUT ONLY AS TO THE
INTEREST OF THE MORTGAGEE), loss under this policy is made payable to the
Mortgagee.
4.2
1)
2)
3)
4)
5)
62
Statutory Conditions
Misrepresentation: If a person applying for insurance falsely describes the property
to the prejudice of the insurer, or misrepresents or fraudulently omits to communicate
any circumstance that is material to be made known to the insurer in order to enable it
to judge the risk to be undertaken, the contract is void as to any property in relation to
which the misrepresentation or omission is material.
Property of others: The insurer is not liable for loss or damage to property owned by a
person other than the insured unless
a) otherwise specifically stated in the contract, or
b) the interest of the insured in that property is stated in the contract.
Change of interest: The insurer is liable for loss or damage occurring after an
authorized assignment under the Bankruptcy and Insolvency Act (Canada) or a
change of title by succession, by operation of law or by death.
Material change in risk:
1) The insured must promptly give notice in writing to the insurer or its agent of a
change that is
a) material to the risk, and
b) within the control and knowledge of the insured.
2) If an insurer or its agent is not promptly notified of a change under subparagraph
1) of this condition, the contract is void as to the part affected by the change.
3) If an insurer or its agent is notified of a change under subparagraph 1) of this
condition, the insurer may
a) terminate the contract in accordance with Statutory Condition 5, or
b) notify the insured in writing that, if the insured desires the contract to
continue in force, the insured must, within 15 days after receipt of the
notice, pay to the insurer an additional premium specified in the notice.
4) If the insured fails to pay an additional premium when required to do so under
subparagraph 3) b) of this condition, the contract is terminated at that time and
Statutory Condition 5 2) a) applies in respect of the unearned portion of the
premium.
Termination of insurance:
1) The contract may be terminated
a) by the insurer giving to the insured 15 days’ notice of termination by
registered mail or 5 days’ written notice of termination personally delivered,
or
b) by the insured at any time on request.
2) If the contract is terminated by the insurer,
a) the insurer must refund the excess of premium actually paid by the insured
over the prorated premium for the expired time, but in no event may the
prorated premium for the expired time be less than any minimum retained
premium specified in the contract, and
b) the refund must accompany the notice unless the premium is subject to
adjustment or determination as to amount, in which case the refund must be
made as soon as practicable.
3) If the contract is terminated by the insured, the insurer must refund as soon as
Additional Conditions Cont'd
6)
7)
8)
9)
practicable the excess of premium actually paid by the insured over the short
rate premium for the expired time specified in the contract, but in no event may
the short rate premium for the expired time be less than any minimum retained
premium specified in the contract.
4) The 15 day period referred to in subparagraph 1) a) of this condition starts to run
on the day the registered letter or notification of it is delivered to the insured’s
postal address.
Requirements after loss:
1) On the happening of any loss of or damage to insured property, the insured must,
if the loss or damage is covered by the contract, in addition to observing the
requirements of Statutory Condition 9,
a) immediately give notice in writing to the insurer,
b) deliver as soon as practicable to the insurer a proof of loss in respect of the
loss or damage to the insured property verified by statutory declaration,
(i) giving a complete inventory of that property and showing in detail
quantities and cost of that property and particulars of the amount of
loss claimed,
(ii) stating when and how the loss occurred, and if caused by fire or
explosion due to ignition, how the fire or explosion originated, so far as
the insured knows or believes,
(iii) stating that the loss did not occur through any wilful act or neglect or
the procurement, means or connivance of the insured,
(iv) stating the amount of other insurances and the names of other
insurers,
(v) stating the interest of the insured and of all others in that property
with particulars of all liens, encumbrances and other charges on that
property,
(vi) stating any changes in title, use, occupation, location, possession or
exposure of the property since the contract was issued, and
(vii) stating the place where the insured property was at the time of loss,
c) if required by the insurer, give a complete inventory of undamaged property
showing in detail quantities and cost of that property, and
d) if required by the insurer and if practicable,
(i) produce books of account and inventory lists,
(ii) furnish invoices and other vouchers verified by statutory declaration, and
(iii) furnish a copy of the written portion of any other relevant contract.
2) The evidence given, produced or furnished under subparagraph 1) c) and d)
of this condition must not be considered proofs of loss within the meaning of
Statutory Conditions 12 and 13.
Fraud: Any fraud or wilfully false statement in a statutory declaration in relation to the
particulars required under Statutory Condition 6 invalidates the claim of the person
who made the declaration.
Who may give notice and proof: Notice of loss under Statutory Condition 6 1) a) may
be given and the proof of loss under Statutory Condition 6 1) b) may be made
a) by the agent of the insured, if
(i) the insured is absent or unable to give the notice or make the proof, and
(ii) the absence or inability is satisfactorily accounted for, or
b) by a person to whom any part of the insurance money is payable, if the insured
refuses to do so or in the circumstances described in clause a) of this condition.
Salvage:
1) In the event of loss or damage to insured property, the insured must take all
63
Additional Conditions Cont'd
10)
11)
12)
13)
14)
4.3
1)
64
reasonable steps to prevent further loss or damage to that property and to
prevent loss or damage to other property insured under the contract, including,
if necessary, removing the property to prevent loss or damage or further loss or
damage to the property.
2) The insurer must contribute on a prorated basis towards any reasonable
and proper expenses in connection with steps taken by the insured under
subparagraph 1) of this condition.
Entry, control, abandonment: After loss or damage to insured property, the insurer has
a) an immediate right of access and entry by accredited representatives sufficient to
enable them to survey and examine the property, and to make an estimate of the
loss or damage, and
b) after the insured has secured the property, a further right of access and entry by
accredited representatives sufficient to enable them to appraise or estimate the
loss or damage, but
(i) without the insured’s consent, the insurer is not entitled to the control or
possession of the insured property, and
(ii) without the insurer’s consent, there can be no abandonment to it of the
insured property.
In case of disagreement:
1) In the event of disagreement as to the value of the insured property, the value of
the property saved, the nature and extent of the repairs or replacements required
or, if made, their adequacy, or the amount of the loss or damage, those questions
must be determined using the applicable dispute resolution process set out in
the Insurance Act, whether or not the insured’s right to recover under the contract
is disputed, and independently of all other questions.
2) There is no right to a dispute resolution process under this condition until
a) a specific demand is made for it in writing, and
b) the proof of loss has been delivered to the insurer.
When loss payable: Unless the contract provides for a shorter period, the loss
is payable within 60 days after the proof of loss is completed in accordance with
Statutory Condition 6 and delivered to the insurer.
Repair or replacement:
1) Unless a dispute resolution process has been initiated, the insurer, instead of
making payment, may repair, rebuild or replace the insured property lost or
damaged, on giving written notice of its intention to do so within 30 days after
receiving the proof of loss.
2) If the insurer gives notice under subparagraph 1) of this condition, the insurer
must begin to repair, rebuild or replace the property within 45 days after receiving
the proof of loss, and must proceed with all due diligence to complete the work
within a reasonable time.
Notice:
1) Written notice to the insurer may be delivered at, or sent by registered mail to,
the chief agency or head office of the insurer in the province.
2) Written notice to the insured may be personally delivered at, or sent by registered
mail addressed to, the insured’s last known address as provided to the insurer by
the insured.
Additional Conditions
Duties after loss: After submission of reasonably sufficient proof of a loss in respect of
a loss which may be insured under Section 1 each of you may be required separately
to:
Additional Conditions Cont'd
(i)
(ii)
submit to examination under oath;
produce for examination all documents in your possession or control that relate
to the application for insurance and proof of loss;
(iii) permit extracts and copies of such documents to be made, all at a reasonable
place and time designated by us.
2) Notice to authorities: Where the loss is due to malicious acts, burglary, robbery, theft,
or attempt thereat, or is suspected to be so due, the insured shall give immediate
notice thereof to the police or other authorities having jurisdiction.
3) No benefit to bailees: It is warranted by the insured that this insurance shall in no wise
enure directly or indirectly to the benefit of any carrier or other bailee.
4) Pair and set: In the case of loss of or damage to any article or articles, whether
scheduled or unscheduled, which are a part of a set, the measure of loss of or
damage to such article or articles shall be a reasonable and fair proportion of the total
value of the set, but in no event shall such loss or damage be construed to mean total
loss of set.
5) Parts: In the case of loss of or damage to any part of the insured property whether
scheduled or unscheduled, consisting, when complete for use, of several parts,
the insurer is not liable for more than the insured value of the part lost or damaged,
including the cost of installation.
6) Sue and labour: It is the duty of the insured in the event that any property insured
hereunder is lost to take all reasonable steps in and about the recovery of such
property. The insurer shall contribute pro rata towards any reasonable and proper
expenses in connection with the foregoing according to the respective interests of the
parties.
7) Basis of settlement: Unless otherwise provided, the insurer is not liable beyond the
Actual Cash Value of the property at the time any loss or damage occurs and the loss
or damage shall be ascertained or estimated according to such Actual Cash Value
with proper deduction for depreciation, however caused, and shall in no event exceed
what it would then cost to repair or replace the same with material of like kind and
quality.
8) Subrogation: We will be entitled to assume all your rights of recovery against others
and may bring action in your name to enforce these rights when we make payment or
assume liability under this policy.
However, if you are a Strata Unit Owner or a Strata Corporation, we agree
to waive our rights to any claim against the Strata Corporation, its Strata Council
members, property managers, agents and employees, except for arson, fraud and
vehicle impact.
We shall not consider independent contractors as being agents or employees of
the Strata Corporation, its Strata Council member, property managers or of the strata
lot owners.
The amount recovered less the costs of recovery will be shared between you and
us in proportion to the loss that each has borne. You shall sign and deliver all related
papers and cooperate with us in any reasonable manner to secure such rights.
Your right to recover from us is not affected by any release from liability entered
into by you prior to loss.
9) Automatic Reinstatement: Any loss or damage shall not reduce the amounts of
insurance provided by this policy.
10) More than One (1) Insured: Where the insurance applies to the property of more than
one (1) person our total liability is limited in the aggregate to the amount or limit of
insurance indicated on the declaration page.
11) Liberalization Clause: If we adopt any revision, which would broaden coverage under
this policy without any additional premium during the policy period, the broadened
65
Additional Conditions Cont'd
coverage will immediately apply to this policy.
12) Changes in Policy: No waiver or change of any provision of this policy may be made
except by us in writing. Except as provided herein, all the terms and conditions of this
policy shall have full force and effect.
13) Inflation Protection Provision: On the renewal date of your policy, we will automatically
adjust your limits of insurance for Section 1 – Property Coverages, to reflect changes
in the annual inflation rate. This inflation protection provision does not apply to Home
Business Insurance Rider R14.
14) More Than One (1) Policy: If you have other insurance on specifically described
property, our policy will be considered excess insurance and we will not pay any loss
or claim until the amount of such other insurance is used up. In all other cases, our
policy will pay its rateable proportion of the loss or claim.
If you have other insurance on liability which applies to a loss or claim, or would
have applied if this policy did not exist, this policy will be considered excess insurance
and we will not pay any loss or claim until the amount of such other insurance is used
up.
If you have other insurance coverage on liability with us which applies to a loss
or claim, the maximum limit payable by us per occurrence or accident would be that
of the higher limit of liability coverage provided under a single policy and not the
combined limit of all coverages from all policies.
66
Section5.Definitions
5.1
Applicable to Sections 1, 2, 3 and 4
These definitions are applicable to your entire policy, including Sections 1, 2, 3 and 4. They
have the same meaning throughout your policy unless otherwise modified in a rider or
endorsement.
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
“Actual Cash Value” means we will pay the actual cash value of the damage up to the
limit of insurance purchased. The Actual Cash Value will take into account such things
as the cost of replacement less any depreciation, and in determining depreciation we
will consider the condition immediately before the damage, obsolescence, the resale
value and the normal life expectancy.
“Aircraft” means any device used or designed for flight including self-propelled
missiles and spacecraft, except model or hobby aircraft not used or designed to carry
people or cargo.
“Audio and Video Media” means compact discs, digital video disks, records, tapes, or
any media for the storage or replay of music or video.
“Burglary” means theft of personal property from the premises following illegal and
forcible entry or exit, leaving visible marks at the point of forced entry or exit.
“Business” means any continuous or regular pursuit undertaken for financial gain
including a trade, profession or occupation.
“Business Property” means any property pertaining to or intended for use in business.
“Cash Cards” means cards designed to store a cash value by electronic means for
use as a mode of payment, without a personal identification number and without direct
access to a bank or other account.
“Civil Authority” means any person acting under the authority of the Governor General
in Council of Canada or the Lieutenant Governor in Council of a Province and/or any
person acting with authority under a Federal, Provincial or Territorial legislation, with
respect to the protection of persons and property in the event of an emergency.
“Common Assets” means personal property held by or on behalf of a Strata
Corporation.
“Data” means representation of information or concepts, in any form.
“Declaration Page” refers to that part of your policy document that uniquely describes
which coverages you have purchased.
“Domestic Water Container” means a device or apparatus, including swimming pools,
for personal use on the premises for containing, heating, chilling or dispensing water.
It does not include any drain, drainpipe, drain tile, eavestrough, downspout, sewer,
sump or septic tank.
“Dwelling” means:
a) under Section 1 Property Coverages; the building, mobile home or, if you are a
tenant, that portion of the building or mobile home described on the declaration
page, occupied by you as a private residence; or
b) under Residential Rental Dwelling Rider D1; the building or mobile home
described on the declaration page occupied as a private residence; or
c) under Seasonal Dwelling Rider S1; the building or mobile home described on the
declaration page occupied as a private seasonal residence.
“Fine Arts” means and includes: paintings, etchings, pictures, tapestries and other
bona fide works of art (such as, valuable rugs, statuary, marbles, bronzes, antique
furniture, rare books, antique silver, manuscripts, porcelains, rare glass and bric-abrac) of rarity, historical value or artistic merit.
“Fire Protection Equipment” includes tanks, watermains, hydrants, valves and any
other equipment, whether used solely for fire protection or jointly for fire protection and
67
DefinitionsCont'd
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
68
other purposes, but does not include:
a) branch piping from a joint system where such branches are used entirely for
purposes other than fire protection; or
b) any watermains or appurtenances located outside of the described premises and
forming a part of the public water distribution system; or
c) any pond or reservoir in which the water is impounded by a dam.
“Flood” means waves, tides, tidal waves and the rising of, the breaking out or the
overflow of, any body of water, whether natural or man-made and whether wind driven
or not;
“Fungi” means any form of mold, yeast, mushroom, or mildew whether or not
allergenic, pathogenic or toxigenic, and any substance, vapor or gas produced by, or
emitted from or arising out of any fungi or spore(s) or resultant mycotoxins, allergens
or pathogens.
“Ground Water” means water in the soil beneath the surface of the ground, including
but not limited to water in wells and in underground streams, and percolating waters.
“Homeowner” means an owner of a dwelling building, other than a dwelling building
constituting a Strata Unit.
“Insured Peril” means a cause of loss or damage as described and limited for which
this policy offers coverage.
“Mobile Electronic Device” means any cellular telephone, palm pilot, personal digital
assistant, or any device for electronic communication or storage of data.
“Pollutants” means any solid, liquid, airborne, gaseous or thermal irritant or
contaminant, including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste.
Smoke, within this definition of Pollutants means, smoke caused from agricultural
smudging or industrial operations.
“Premises” means:
a) under Section 1 Property Coverages the premises or Strata Unit described in the
declarations including grounds, garages, stables, other incidental outbuildings
and private approaches which are reserved for your exclusive use or occupancy:
or
b) under Residential Strata Corporation Policy C8 the land contained within the lot
lines on which the Strata Building is situated, including areas under adjoining
sidewalks and driveways; or
c) under Residential Rental Dwelling Rider D1 the land contained within the lot lines
on which the dwelling is situated; or
d) under Seasonal Dwelling Rider S1 the land contained within the lot lines on
which the dwelling is situated.
“Replacement Cost” means the cost, on the date of loss or damage, of the lesser of:
a) repairing the property with materials of equivalent kind and quality; or
b) replacing the property with new articles of equivalent kind and quality as are
generally comparable and currently available.
“Residence Employee” means a person employed by you to perform duties in
connection with the maintenance or use of the insured premises. This includes
persons who perform household or domestic services or duties of a similar nature for
you. This does not include persons while performing duties in connection with your
business.
“Residential Strata Corporation” means a Strata Council formed by the private resident
owners of the Strata Units.
“Robbery” means theft of personal property by violence or threat of violence to any
person.
“Spore(s)” means any reproductive particle or microscopic fragment produced by or
emitted from or arising out of any fungi.
DefinitionsCont'd
29) “Sporting Equipment” means and includes, but is not limited to golf, hockey,
equestrian, hunting, shooting, fishing, skiing, windsurfing, hang-gliding, mountain
climbing gear or equipment or other personal portable equipment used in the pursuit
of leisure, games, or recreation on land or in water or air, but which is not motorized.
30) “Spouse” means a person married to, or living together with the insured in a CommonLaw relationship as a domestic partner who has so lived with the insured continuously
for a period of one (1) year.
31) “Strata Building” means:
a) the buildings shown on a strata plan that are not part of a Strata Unit, and
b) pipes, wires, cables, chutes, ducts and other facilities for passage or provision
of water, sewage, drainage, gas, oil, electricity, telephone, radio, television,
garbage, heating and cooling systems, or other similar services, if they are
located:
i)
within a floor, wall or ceiling that forms a boundary:
(1) between a Strata Unit and another Strata Unit;
(2) between a Strata Unit and the common property; or
(3) between a Strata Unit or common property and another parcel of land;
or
ii) wholly or partially within a strata lot, if they are capable of being and
intended to be used in connection with the enjoyment of another Strata Unit
or the common property; and includes:
(1) Strata Building Fixtures;
(2) Common Assets;
(3) any building shown on the strata plan filed by the Strata Corporation;
(4) materials, equipment and supplies located on or adjacent to the
premises intended for use in maintenance, construction, alterations,
or repairs of the building or private structures on the premises or for
building services;
(5) permanently installed outdoor equipment on the common property;
(6) outdoor swimming pool, outdoor hot tub and attached equipment on
the common property.
32) “Strata Building Fixtures” means:
a) items attached to a Strata Building including floor and wall coverings, electrical
and plumbing fixtures, if built or installed by the owner developer as part of the
original construction; and
b) refrigerators, stoves, dishwashers, microwaves, dryers or other items if such
items cannot be removed without damage to the Strata Unit provided such item
was built or installed by the owner developer as part of the original construction.
33) “Strata Corporation” means a Strata Corporation created pursuant to Section 2 of the
Strata Property Act of British Columbia.
34) “Strata Unit” means:
a) under Section 1 Property Coverages; a lot shown on a strata plan as described
on the declaration page which is occupied by you as a private residence; or
b) under Residential Strata Corporation Policy C8; a lot shown on a strata plan
as described on the declaration page which is occupied by you as a private
residence; or
c) under Residential Rental Dwelling Rider D1; a lot shown on a strata plan as
described on the declaration page, which is occupied by your tenant as a private
residence.
35) “Strata Unit Fixtures” means:
a) items attached to a Strata Building including floor and wall coverings, electrical
69
DefinitionsCont'd
36)
37)
38)
39)
40)
41)
42)
43)
44)
5.2
and plumbing fixtures unless those items are built or installed by the owner
developer as part of the original construction; or,
b) refrigerators, stoves, dishwashers, microwaves, dryers or other items unless
such item was built or installed by the owner developer as part of the original
construction.
“Strata Unit Owner” means an owner of a Strata Unit within a Strata Corporation.
“Surface Water” means water on the surface of the ground where water does not
usually accumulate in ordinary watercourses, lakes or ponds.
“Tenant” means one who rents property from another for dwelling purposes.
“Terrorism” means an ideologically motivated unlawful act or acts, including but not
limited to the use of violence or force or threat of violence or force committed by or on
behalf of any group(s), organization(s) or government(s) for the purpose of influencing
any government and/or instilling fear in the public or a section of the public.
“Transportation” means loss or damage caused by collision, upset, overturn,
derailment, stranding or sinking of any motor vehicle, attached trailer or camper unit in
which the insured property is being carried. This would also apply to any conveyance
of a common carrier.
“Vacancy” means the circumstance where, regardless of the presence of furnishings:
a) all occupants have moved out with no intention of returning and no new occupant
has taken up residence; or
b) in the case of newly constructed dwellings, no occupant has yet taken up
residence.
“Watermain” means a pipe forming part of a water distribution system, which conveys
consumable water to the dwelling.
“We, we” and “Us, us” mean the BCAA Insurance Corporation.
“You, you” and “Your, your” mean:
a) under Section 1 Property Coverages; the person(s) named as Insured on the
declaration page and while living in the same household, his or her spouse, the
relatives of either or any person under the age of twenty-one (21) in their care, or
a student who is enrolled in and actually attends a school, college or university
who is dependent upon you for support and maintenance while temporarily
residing away from your principal residence stated on the declaration page; or
b) under Residential Strata Corporation Policy C8; the Strata Corporation, pursuant
to the Strata Property Act of British Columbia.
AdditionalDefinitionsApplicabletoSection2
The following definitions apply specifically to Section 2 – Liability Coverages. They have the
same meaning throughout your policy unless otherwise modified in a rider or endorsement.
1)
2)
3)
4)
70
“Bodily Injury” means bodily injury, sickness or disease or resulting death.
“Business Premises” means premises on which a business is conducted, premises
rented in whole or in part to others, or held for rental.
“Legal Liability” means responsibility which courts recognize and enforce between
persons who sue one another.
“Premises” in this section means all premises where the person(s) named as Insured
on the declaration page, or his or her spouse, maintains a residence, including
seasonal and other residences, provided such premises are specifically described on
the declaration page. This does not include business property or farms. Premises also
includes:
a) premises where you are residing temporarily or which you are using temporarily,
DefinitionsCont'd
as long as you do not own the premises; or
premises in British Columbia to be occupied by you as your principal residence
from the date you acquire ownership or take possession but not beyond the
earliest of:
i)
seven (7) consecutive days;
ii) the date the policy expires or is terminated;
iii) the date upon which specific liability insurance is arranged for such
premises; or
c) individual or family cemetery plots or burial vaults; or
d) vacant land in Canada you own or rent from others, excluding farm land; or
e) land in British Columbia where you or an independent contractor is building a one
(1) or two (2) family residence, which is to be occupied by you.
“Property Damage” means:
a) physical damage to, or destruction of, tangible property; or
b) loss of use of tangible property.
“You, you” and “Your, your” in this section have the same meaning as in Section 1. In
addition, the following persons are insured:
a) any person or organization legally liable for damages caused by a watercraft or
animal owned by you, and to which this insurance applies. This does not include
anyone using or having custody of the watercraft or animal in the course of any
business or without the owner’s permission;
b) a residence employee while performing duties in connection with the ownership,
use or operation of motorized vehicles, trailers and camper units for which
coverage is provided in this policy or animal-drawn farm implements;
c) your legal representative having temporary custody of the insured premises, if
you die while insured by this policy, for legal liability arising out of the insured
premises;
d) any person who is insured by this policy at the time of your death and who
continues residing on the insured premises.
“Weekly Indemnity” means two-thirds of your residence employee’s weekly wage at
the date of the accident, but we will not pay more than $100 per week.
b)
5)
6)
7)
71
NOTES
72
PROTECTING KIDS
in our
COMMUNITY
To report a claim, call our 24-Hour Claims Service at:
1.888.268.BCAA (2222)
For more information about your
BCAA claim experience, click on:
bcaa.com/homeclaim
Insurance is sold through BCAA Insurance Agency and underwritten by various underwriters. Visit bcaa.com/underwriters for more information.
262-15
3-2306-25 09/15
Effective July 1, 2012