vacation trailer / motorhome policy important section i

vacation trailer / motorhome policy important section i
14. or caused 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;
15. the distribution or display of data by means of an internet website, the
internet, an intranet, extranet, or similar device or system designed or
intended for electronic communication of data;
Insurance Under More Than One Policy
VACATION TRAILER / MOTORHOME POLICY
If you have other insurance 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.
In the event that you have, under another liability policy or policies issued by us,
liability insurance which applies to a loss or claim, then under no circumstances
will we pay in total more than the highest of the liability limits stated on the
Coverage Summary Page of all such policies issued by us.
16. or caused directly or indirectly, in whole or in part, by grow operations or by
any activity or decision of a government agency or other entity to prevent,
respond to or terminate grow operations. This exclusion applies regardless
of any other contributing or aggravating cause that contributes concurrently
or in any sequence to the claim.
Agreement
We provide the insurance described in this policy in return for payment of the premiums and subject to the terms and conditions set out. All amounts of insurance, premiums
and other amounts expressed in this policy are in Canadian currency.
SECTION I
describes the insurance on your property. It also includes additional living expenses in certain circumstances.
SECTION II
(optional) describes the insurance for your legal liability for bodily injury to others or damage to property of others arising out of your premises, or your
personal actions. It also includes benefits following injury or damage to property of others in certain circumstances.
IMPORTANT
This policy contains various exclusions and limitations which eliminate or restrict coverage. Please read it carefully.
Insurance cannot be a source of profit. It is only designed to indemnify you against actual losses or expenses incurred by you or for which you are liable.
SECTION I - PROPERTY COVERAGES
CONDITIONS
Statutory Conditions 1, 3, 4, 5, and 15 incorporated in this policy apply as conditions for all Coverages under Section II.
DEFINITIONS
COVERAGES
“Business” means any continuous or regular pursuit undertaken for financial
gain including a trade, profession or occupation.
The amounts of insurance are shown on the Coverage Summary Page.
“Coverage Summary Page” means the Coverage Summary Page, Home
Insurance Certificate and/or the Declarations.
“Data” means representations of information or concepts in any form.
“Data Problem” means:
Coverage A – Trailer
We insure your trailer as shown on the Coverage Summary Page, up to the limit
shown under Dwelling Building.
Coverage B – Detached Private Structures
•
erasure, destruction, corruption, misappropriation, misinterpretation of data
We insure structures or buildings separated from your trailer, or permanently
installed outdoor equipment on the premises on which your trailer is situated.
•
error in creating, amending, entering, deleting or using data; or
We will pay on the basis of coverage shown on the Coverage Summary Page.
•
inability to receive, transmit or use data.
•
Basic Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Detached Private Structures, whichever is greater.
•
Preferred Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Detached Private Structures, whichever is greater.
•
Deluxe Coverage provides up to $5,000 or the limit shown on the Coverage
Summary page for Detached Private Structures, whichever is greater.
“Domestic water container” means a device or apparatus for personal use on
the premises for containing, heating, chilling or dispensing water.
“Fungi” includes, but is not limited to, any form or type of mould, yeast, mushroom
or mildew whether or not allergenic, pathogenic or toxigenic, and any substance,
vapour or gas produced by, emitted from or arising out of any fungi or spores or
resultant mycotoxins, allergens, or pathogens.
“Grow Operations” means cultivation, harvesting, processing, manufacture,
distribution or sale of cannabis (commonly known as marijuana) or any product
derived from or containing cannabis or any substance falling within the Controlled
Drugs and Substances Act.
Coverage C – Personal Property
“Insured” means the person(s) named as Insured on the Coverage Summary
Page and, while living in the same household:
We insure the contents of your trailer and other personal property you own, wear
or use while on the premises which are usual to the ownership or maintenance
of a trailer. Coverage applies, while in the trailer, on the premises and while
temporarily removed from the trailer, for personal property owned by you or for
which you are legally liable. It does not include equipment and accessories built
into the trailer.
•
his or her spouse
We will pay on the basis of coverage shown on the Coverage Summary Page.
•
the relatives of either; and
•
•
any person under 21 in their care
Basic Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
•
Preferred Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
•
Deluxe Coverage provides up to $5,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
Spouse means:
•
either of two persons who are married to each other or who have together
entered into a marriage that is voidable or void
•
either of two persons who are living together in a conjugal relationship
outside marriage and have so lived together continuously for a period of 2
years or, if they are the natural or adoptive parents of a child, for a period of
1 year.
Only the person(s) named on the Coverage Summary Page may take legal action
against us.
“Premises” means the lot or space designated for the use of your trailer, and
any outbuildings and related structures contained within the lot lines on which the
trailer is situated.
“Spores” includes, but is not limited to, one or more reproductive particle or
microscopic fragment produced by, emitted from or arising out of any fungi.
“Surface waters” means water on the surface of the ground where water does
not usually accumulate in ordinary watercourses, lakes or ponds.
“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.
“Trailer” means a motor home or non-motorized vacation travel trailer, 5th wheel
trailer, tent trailer or slide-on camper unit, including built-in accessories and
attached equipment, furniture and fixtures, any trailer hitch, sway bar, stabilizer
that you own as described on the Coverage Summary Page.
Coverage D - Additional Living Expenses
If, as a result of direct physical damage or loss by an Insured Peril while you are
using the trailer on vacation, your trailer is unfit for occupancy or you have to
move out while repairs are being made, we will pay for any necessary increase in
living expenses incurred by you so that your household can maintain its normal
standard of living, for the lesser of:
(a) the reasonable time required to repair or replace the damaged or destroyed
property; or
(b) the intended period of vacation.
We will pay up to the following limits per occurrence based on the coverage
shown on the Coverage Summary page.
•
Basic Coverage provides up to $1,000.
•
Preferred Coverage provides up to $2,000.
•
Deluxe Coverage provides up to $2,000.
Subject to the above limits and limitations, we also insure:
(a) the loss of irrecoverable prepaid deposit(s) for rental space in camps or
trailer parks due to cancellation, curtailment or delay of scheduled travel
arrangements;
(b) expenses reasonably incurred by you for rental of a substitute trailer;
“We”, “us” or “our” means Unifund Assurance Company.
“You” or “your” refers to the Insured.
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JIL 040W (05-2012)
Page 1 of 8
(c) expenses reasonably incurred by you in arranging for return of the trailer
to your principal residence address following completion of the necessary
repairs where such repairs could not be completed within the intended period
of the vacation.
Basic Coverage (if shown on the Coverage Summary Page)
EXTENSIONS OF COVERAGE
1.
FIRE or LIGHTNING
2.
EXPLOSION. This peril excludes electric arcing, water hammer or rupture of
any vessel or conduit due to water pressure therein.
3.
FALLING OBJECT. This peril means a falling object which strikes the exterior
of the trailer or detached private structure. This peril does not include loss or
damage:
Debris Removal
We will pay up to $1,000 per occurrence for the cost of removing from the
premises, the debris of the property insured which results from loss or damage
insured by this policy.
Fire Department Charges
(a) to outdoor radio and TV antennae (including satellite receivers) and their
attachments;
We will reimburse you for fire department charges incurred for attending your
premises to save or protect insured property from loss or damage, or further
loss or damage insured against by this form. This coverage is not subject to a
deductible.
Lock Replacement
(c) by snowslide, landslide or any other earth movement.
We will pay up to $250 to replace or re-key, at our option, the locks on your trailer,
if your exterior door keys are lost or stolen, provided any theft is reported to the
police or law enforcement agency having jurisdiction at the location of the theft.
This coverage is not subject to a deductible.
Appliance Extended Warranty
Appliances eligible for this coverage will be manufacturer installed auxiliary power
plant/generator, air conditioning unit (roof mounted), central vacuum cleaner,
fresh water unit, ice maker, kitchen center, liquid propane gas system, range/
oven unit, heating system, hot water unit, refrigerator/freezer unit, television/
stereo/video system, trash compactor, and waste system. This coverage is not
subject to a deductible.
watercraft, including their attachments, equipped with an outboard motor or
motors of not more than 12kW (16 H.P.) in total when used with or on a single
watercraft;
2.
watercraft, including their attachments, equipped with any other type of
motor of not more than 38 kW (50 H.P.);
We do not insure the use or operation of any watercraft or motorized vehicle,
whether owned by you or not, while it is:
3.
non-motorized watercraft, including their attachments, not more than 8
meters (26 feet) in length;
1.
used for carrying passengers for compensation;
2.
used for business purposes;
3.
used in any race or speed test;
4.
rented to others;
5.
being owned or operated without the owner's consent if you are not the
owner.
4.
RIOT, VANDALISM or MALICIOUS ACTS. This peril does not include loss or
damage caused:
6.
(c) by theft or attempted theft.
5.
self-propelled lawn mowers, snow blowers, garden-type tractors of not more
than 19kW (25 H.P.);
motorized golf carts while in use on your premises or on a golf course. You
are also insured for the use and operation of a motorized golf cart in Canada
while within the boundaries of a golf course or gated retirement community
excluding its use or operation on any public road or by any person under the
age of 16;
motorized wheelchairs including motorized scooters having more than two
wheels and specifically designed for the carriage of a person who has a
physical disability.
WINDSTORM or HAIL. This peril does not include loss or damage to your
personal property within the trailer or to the interior of the trailer caused by
windstorm or hail or coincidental rain damage unless the storm first creates
an opening in the trailer. This peril does not include loss or damage:
Any other watercraft is insured only if liability coverage for it is shown on the
Coverage Summary Page. If the watercraft or motor with which it is equipped is
acquired after the effective date of this policy, you will be insured automatically for
a period of 30 days only from the date of acquisition.
(a) due to waves or floods, or the weight, pressure or melting of ice or snow,
whether driven by wind or not;
Watercraft and Motorized Vehicles You Do Not Own.
(b) to outdoor radio and TV antennae (including satellite receivers) and their
attachments.
6.
COLLISION (meaning contact with another object) or upset.
7.
THEFT, INCLUDING DAMAGE CAUSED BY ATTEMPTED THEFT. This peril
does not include loss or damage:
(a) caused by any person who is using the trailer with your consent or
knowledge.
You are also insured against claims arising out of your use or operation of:
1.
any type of watercraft;
2.
any self-propelled land vehicle, amphibious vehicle or air cushion vehicle,
Insured Perils
Preferred /Deluxe Coverage (if shown on the Coverage Summary Page)
Territorial Limits
You are insured against all risks of direct physical loss or damage subject to the
exclusions and conditions of this form.
You are covered within the territorial limits of Canada and the Continental United
States or upon a vessel travelling between ports of those countries.
EXCLUSIONS - SECTION I
We do not insure claims arising from:
1.
2.
war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power. This exclusion applies regardless of any other
cause or event that contributes concurrently or in any sequence to the loss
or damage;
bodily injury or property damage which 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. This exclusion applies
regardless of any other cause or event that contributes concurrently or in any
sequence to the loss or damage;
3.
contamination by radioactive material;
4.
business pursuits or any business use of the premises except as provided
under "business and business property" in Section II;
Property Not Insured
We do not insure:
5.
the rendering or failure to render any professional service;
1.
jewellery, watches, gems, fur garments and garments trimmed with fur, fine
arts;
12. property at any fairground, exhibition or exposition for the purpose of
exhibition;
6.
liability imposed upon or assumed by you under any workers' compensation
statute;
2.
property pertaining to a business;
7.
3.
securities, books of account, deeds, evidence of debt or other documents to
establish ownership;
13. property illegally acquired, kept, stored or transported, or property subject to
forfeiture;
bodily injury or property damage caused by any intentional or criminal act or
failure to act by:
4.
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)
or bullion;
5.
watercraft or aircraft, their furnishings, equipment, accessories and motors;
6.
computer hardware and software, including equipment and accessories
unless used exclusively with the trailer. We do not insure the cost of gathering
or assembling information or data;
7.
animals, including birds or fish;
8.
numismatic property (such as coin collections) and philatelic property (such
as stamp collections);
9.
collectible cards (such as sports personality cards);
10. bicycles, including equipment and accessories;
11. trailers, buildings or structures used in whole or in part for business or
farming purposes or business property pertaining to a business conducted
on or away from the premises;
14. any property lawfully seized or confiscated unless such property is destroyed
to prevent the spread of fire;
(a) any person insured by this policy; or
(b) any other person at the direction of any person insured by this policy;
15. personal property while undergoing any process or while being worked on
where the loss or damage results from such process or work, but resulting
damage to other property is insured;
8.
16. property while waterborne, except while on any conveyance of a common
carrier;
9.
19. data;
20. electrical devices or appliances, not permanently installed, caused by
electrical current other than lightning, unless loss or damage by fire or
explosion ensues and then only for the loss or damage resulting from such
ensuing fire or explosion;
21. tire and tubes unless the loss is part of other insured loss or damage to your
trailer.
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(a) 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
(b) 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;
17. motorized vehicles (except described motorhome) or their equipment;
18. sporting equipment where loss or damage is due to its use;
Watercraft and Motorized Vehicle Uses We Do Not Insure.
Trailers
We insure you against claims arising out of your ownership, use or operation of
any trailer or its equipment, provided such trailer is not attached to, carried on or
being towed by a motorized vehicle subject to motor vehicle registration.
Business and Business Property
We insure you 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 temporary or part-time business pursuits of an insured person under the
age of 21 years.
Claims arising from any other business pursuit or operation are insured only if
liability coverage for it is shown on the Coverage Summary Page.
EXCLUSIONS - SECTION II
Notice to Authorities
Where loss or damage is, or is suspected to be, due to malicious acts, burglary,
robbery, theft or attempted theft, you must give immediate notice of such loss to
the police or other law enforcement agency having jurisdiction.
provided that the motorized vehicle or watercraft is not owned by any person
insured by this policy.
1.
5.
(b) any person using the trailer with your consent or knowledge;
provided that the vehicle is not subject to motor vehicle registration and is
designed primarily for use off public roads;
You are insured against claims arising out of your ownership, use or operation of:
(a) by you;
Temporary Attachments (applicable to Preferred/Deluxe Coverage only)
We will extend the repair period offered by the manufacturer(s) of your trailer
for permanently attached, manufacturer installed appliances. The warranty will
extend for an additional year on the same terms and conditions as the warranty
offered by the manufacturer(s). A copy of the manufacturer’s wording must be
provided at the time of claim. This coverage starts on the day following the end of
the warranty by the manufacturer(s).
Watercraft and Motorized Vehicles You Own.
(b) to glass;
4.
We will pay up to 10% of the amount shown for your trailer on the Coverage
Summary Page or $1,000, whichever is higher, for exterior attachments to the
trailer, including decks, patios, awnings, Florida rooms or porches, which do not
form part of the trailer while in transit.
SPECIAL LIMITATIONS
You are insured against direct loss or caused by the following named perils as
described and limited:
the transmission of communicable disease by any person insured by this
policy;
10. any type of discrimination including discrimination due to sex, age or marital
status, colour, race, creed or national origin;
11. the ownership, use or operation of any watercraft, motorized vehicle or trailer
except as provided under "watercraft and motorized vehicles" and "trailers"
in Section II;
12. the ownership, use or operation of:
(a) any aircraft;
(b) premises used as an airport or landing facility;
and all activities related to either;
13. any underground oil storage tank, related apparatus or lines supplying or
draining from such tank or apparatus where the claim is for:
(a) the actual, alleged or threatened discharge, dispersal, release, escape or
presence of "pollutants" at or from premises owned, rented or occupied
by any Insured;
(b) any loss, cost, expense or demand for payment arising out of any
governmental or other direction or request that you or others (whether
insured by this policy or otherwise) test for, monitor, clean up, remove,
contain, treat, detoxify, neutralize or otherwise deal with "pollutants",
including any such loss, cost or expense for the remediation of premises
referred to in sub-paragraph (a) above or elsewhere;
(c) any loss, cost, expense or demand for damages arising out of the
circumstances described in sub-clause (a), above, where an Insured
or any contractor or sub-contractor working directly or indirectly on an
Insured's behalf is performing operations if the operations are to test
for, monitor, clean-up, remove, contain, treat, detoxify, neutralize or
otherwise deal with "pollutants", including operations designed to
remediate the premises owned, rented or occupied by an Insured or any
other premises.
This exclusion will also apply to any above ground oil storage tank, related
apparatus or lines supplying or draining from such tank or apparatus where
the claim is for any of the items listed in sub-paragraphs (a) through (c)
above, if specified on the Coverage Summary Page.
The term "pollutants" means any solid, liquid, gaseous or thermal irritant
or contaminant, including but not limited to smoke, vapour, soot, fumes,
acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
Sub-paragraphs 12 (a) and (c) of this exclusion do not apply to claims arising
from heat, smoke or fumes from a fire which becomes uncontrollable or
breaks out from where it was intended to be.
Page 7 of 8
We do not insure:
1.
2.
3.
damage resulting from the ownership, use or operation of any motorized
vehicle, trailer or watercraft, except those for which coverage is provided by
this form;
damage to property owned or rented by you or your tenant;
3.
damage to property which is insured under Section l;
4.
claims resulting from the loss of use, disappearance or theft of property.
4.
1.
wear and tear or mechanical breakdown;
2.
the cost of making good faulty material or workmanship, or any damage that
occurs due to any fault in design;
Injury Benefits:
what it would cost to repair or replace the property with materials of similar
quality at the time of loss;
For loss of:
the amount of insurance shown on the Coverage Summary Page.
(a) one or more of the following …………………………………. 100 weeks
3.
loss or damage as a result of your dishonest or willful act;
4.
scratching, abrasion or chipping of any personal property or breakage of
any fragile or brittle articles unless caused by part of other insured loss or
damage to your trailer;
5.
6.
• arm
7.
• foot
What You Must Do after an Accident or Occurrence
• Ieg
You must give us a written proof of claim as soon as possible, under oath if
required, containing the following information:
(b) one finger or toe ………………………………………………… 25 weeks
8.
(a) the date, time, place and circumstances of the accident or occurrence;
or
(b) the interest of all persons in the property affected.
more than one finger or toe ……………………………………. 50 weeks
If requested by us you must help us to verify the damage.
9.
or
No suit may be brought against us until:
both eyes …………………………………............................... 100 weeks
you have fully complied with all the terms of this Coverage; nor
2.
60 days after the written proof of claim has been filed with us.
(d) hearing of one ear ………………………………………………. 25 weeks
or
Coverage H - Voluntary Compensation for Residence Employees
This coverage is automatically provided for all your occasional residence
employees. It will be extended to your permanent residence employees if so
stated on the Coverage Summary Page.
hearing of both ears ……………………………...…………… 100 weeks
5.
Medical Expenses:
If, as a result of the accident, your residence employee incurs medical
expenses including surgical, dental, hospital, nursing and ambulance
expenses within the following 26 weeks, we will pay up to a maximum of
$1,000 in addition to all other benefits.
Coverage
We offer to pay the benefits described below if your residence employee is injured
or dies accidentally while working for you, even though you are not legally liable.
We will pay the cost of supplying or renewing artificial limbs or braces, made
necessary by the accident, for up to 52 weeks after the accident, up to a
maximum of $5,000. We do not insure you for costs recoverable from other
insurance plans.
If your residence employee or any person acting on his or her behalf does not
accept these benefits or sues you, we may withdraw our offer, but this will not
affect your liability insurance.
A residence employee or anyone acting on his or her behalf who accepts these
benefits must sign a release giving up any right to sue you. We have the right
to recover from anyone, other than you, who is responsible for the residence
employee's injury or death.
What You Must Do After an Accident
1.
When an accident occurs you must promptly give us notice (in writing if
requested by us). The notice must include:
a) the identity of the residence employee and the date, time, place and
circumstances of the accident;
We will not pay benefits for any hernia injury.
(b) names and addresses of witnesses.
2.
If requested by us, you must arrange for the injured residence employee to:
Schedule of Benefits
(a) submit to physical examination at our expense by doctors we select as
often as we may reasonably require;
1.
(b) authorize us to obtain medical and other records.
Loss of Life:
If your residence employee dies from injuries received in the accident within
the following 26 weeks, we will pay:
(a) a total of 100 times the weekly indemnity to those wholly dependent
upon him or her. If there is more than one dependent the amount will be
divided equally among them. This payment is in addition to any benefit for
Temporary Total Disability paid up to the date of death;
Autopsy
In case of death we can require an autopsy before we make payment.
Action against Us
No suit may be brought against us until you have fully complied with all the terms
of this Coverage.
(b) actual funeral expenses, up to $500.
2.
snowslide, earthquake, landslide or any other earth movement. This
exclusion applies regardless of any other cause or event that contributes
concurrently or in any sequence to the loss or damage but, if any of these
results in fire or explosion, we will pay for that resulting loss or damage;
domestic or domesticated animals, birds, vermin, bats, raccoons, skunks,
rodents (such as squirrels, mice and rats), moths or other insects (such as
termites) except loss or damage to glass that forms part of your trailer or
detached private structure;
smoke, meaning smoke due to a sudden, unusual and faulty operation of a
fireplace, heating or cooking unit in or on the premises or smoke from a camp
fire;
10. 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. This exclusion
applies regardless of any other cause or event that contributes concurrently
or in any sequence to the loss or damage;
11. contamination by radioactive material;
12. war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power. This exclusion applies regardless of any other
cause or event that contributes concurrently or in any sequence to the loss
or damage;
•
causing death by criminal negligence
•
causing bodily harm by criminal negligence
•
dangerous operation of motor vehicles
•
failure to stop at the scene of an accident
•
operation of motor vehicle when impaired or with more than 80 mg of alcohol
in the blood
•
refusal to comply with a demand for breath sample
•
causing bodily harm during operation of a vehicle while impaired or over
80 mg of alcohol in the blood, or
•
operating a motor vehicle while disqualified from doing so;
23. if you use or permit the vehicle to be used in a race or speed test, or for illegal
activity;
24. if you drive the vehicle while not authorized by law; and
25. if another person, with your permission, drives or operates the vehicle under
any of these conditions.
Temporary Total Disability:
If your residence employee temporarily becomes totally disabled from
injuries received in the accident within the following 14 days and cannot work
at any job, we will pay weekly indemnity up to 26 weeks while such disability
continues. We will not pay for the first 7 days unless the disability lasts for 6
weeks or more.
Basis of Claim Payment
We will pay for insured loss of or damage, including general average and salvage
charges, to the trailer, detached private structure and personal property as
described below up to your financial interest in the property but not exceeding
the applicable amount(s) of insurance for any loss or damage arising out of one
occurrence.
Basic Coverage
Trailer and Detached Private Structures – Actual Cash Value
We will pay for insured loss of or damage to the trailer and/or detached
private structures on an actual cash value basis.
Personal Property – Replacement Cost
We will pay for insured loss or damage to your personal contents on the basis
of Replacement Cost, subject to the provisions described below.
13. any intentional or criminal act or failure to act by:
Preferred Coverage
(a) any person insured by this policy; or
(b) any other person at the direction of any person insured by this policy;
Exclusions
There are other exclusions that apply to all Coverages under Section II. Please
refer to 'Exclusions - Section II".
deterioration, dampness of atmosphere, extremes in temperature,
contamination, inherent vice or latent defect, rust or corrosion, continuous
or repeated seepage or leakage, wet or dry rot, fungi or spores, acid rain,
settling, expansion, contraction, shifting, bulging, buckling or cracking, unless
fire or explosion ensues and then only for the loss or damage resulting from
such ensuing fire or explosion;
22. if you are convicted of one of the following offences under the Criminal
Code of Canada relating to the operation, care or control of the vehicle, or
committed by means of a vehicle, or any similar offence under any law in
Canada or the United States:
(c) one eye …………………………………………………………... 50 weeks
Action against Us
1.
mysterious disappearance;
nor do we insure loss or damage caused by or resulting from:
• hand
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.
2.
21. if you are unable to maintain proper control of the vehicle because you are
driving or operating the vehicle while under the influence of intoxicating
substances;
We will not pay more than 100 weeks in total even if the accident results in
loss from more than one item.
We will pay whichever is the lower amount of:
1.
nor will we pay for loss or damage caused in an incident:
We do not insure:
These benefits will be paid in addition to Temporary Total Disability Benefits
but no others.
Basis of Payment
2.
Loss or Damage Not Insured
If your residence employee becomes permanently and totally disabled from
injuries received in the accident within the following 26 weeks and cannot
work at any job, we will pay weekly indemnity for 100 weeks in addition to
benefits provided under Temporary Total Disability.
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 26 weeks of the accident,
we will pay weekly indemnity for the number of weeks shown.
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
1.
Permanent Total Disability:
14. contamination, pollution or the release, discharge or dispersal of contaminants
or pollutants, unless caused by the bursting or overflowing of your domestic
fixed fuel oil tank, its apparatus or pipes;
15. change in ownership of property that is agreed to, even if that change was
brought about by trickery or fraud;
16. conversion, embezzlement or theft by a person in lawful possession of
trailer under a mortgage, conditional sale, lease or any other similar written
agreement;
17. directly or indirectly by a data problem, except for ensuing loss or damage
that results directly from fire, explosion, smoke or water damage, as defined
in this policy;
18. increased costs of repair or replacement due to the operation of any law
regulating the zoning, demolition, repair or construction of the trailer or
detached private structures and their related services;
19. directly or indirectly, in whole or in part, by terrorism or by any activity or
decision of a government agency or any other entity to prevent, respond to or
terminate terrorism, regardless of any other cause or event that contributes
concurrently or in any sequence to the loss or damage except for ensuing
loss or damage which results directly from fire or explosion, as described in
Insured Perils;
Trailer, Detached Private Structure and Personal Property –
Replacement Cost
We will pay for insured loss of or damage to the trailer, detached private
structures and personal property on the basis of Replacement Cost, subject
to the provisions described below.
Deluxe Coverage
Trailer – Guaranteed Replacement Cost
We will pay for insured loss or damage to the trailer on the basis of
Guaranteed Replacement Cost even it is more than the amount of insurance
for the trailer provided the trailer meets the conditions described under the
provisions of Guaranteed Replacement Cost described below.
Detached Private Structure and Personal Property – Replacement Cost
We will pay for insured loss of or damage to the trailer, detached private
structures and personal property on the basis of Replacement Cost, subject
to the provisions described below.
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.
20. directly or indirectly, in whole or in part, by grow operations or by any activity
or decision of a government agency or other entity to prevent, respond to or
terminate grow operations. Such loss or damage is excluded regardless of
any other cause or event that contributes concurrently or in any sequence to
the loss or damage except for ensuing loss or damage which results directly
from fire or explosion, as described in Named Perils;
Page 6 of 8
Page 3 of 8
Replacement Cost
Amounts Not Reduced
COVERAGES
What You Must Do After an Accident or Occurrence
Replacement cost means the cost, on the date of the loss or damage, of the
lower of:
Any loss or damage shall not reduce the amounts of insurance provided by this
policy except in the event of a total or constructive loss under this policy in which
case the premium of this policy shall be deemed to be earned in full.
This insurance applies:
1.
(a) repairing the property with materials of similar kind and quality within 180
days of the date of loss or damage; or
(b) new articles of similar kind, quality and usefulness;
Insurance under More than One Policy
If you have insurance on specifically described property, 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.
without any deduction for depreciation.
If you do not repair or replace your property within 180 days of the date of loss or
damage, or you have not maintained the replacement cost limit for your trailer, we
will pay on the basis of actual cash value.
In all other cases, we will pay our rateable proportion of the loss or claim under
this policy.
ADDITIONAL CONDITIONS
Guaranteed Replacement Cost
Guaranteed Replacement Cost, if shown on the Coverage Summary Page, applies
for loss, damage or destruction of your trailer on the basis of the cost, at the time
of loss, of repair or replacement (whichever is less), with a new trailer of similar
kind and quality. We agree to pay without deduction for depreciation, subject to
the policy conditions and exclusions and the following special provisions:
(a) the trailer must have been maintained in good physical condition;
(b) repair or replacement must be done within 180 days of the loss or damage;
if you do not repair or replace your property, we will pay on the basis of actual
cash value;
(c) the amount payable may exceed the amount shown under “Limits” on the
Coverage Summary Page, but shall not exceed the lesser of:
Pair and Set: In the case of loss or damage to any article(s) which is(are) part
of a set the measure of loss of or damage to such article(s) will be a reasonable
and fair proportion of the total value of the set, but in no event will such loss or
damage be construed to mean total loss of the set.
Parts: In the case of loss of or damage to any part of the insured property
consisting, when complete for use, of several parts, we will not pay for more than
the insured value of the part lost or damaged, including the cost of installation.
Subrogation: We will be entitled to assume all your rights of recovery against
others and bring action in your name to enforce these rights when we make
payment or assume liability under this policy.
Your right to recover from us is not affected by any release from liability entered
into by you prior to loss.
(i) the amount actually and necessarily expended for replacement; or
(ii) the manufacturer’s suggested list price for a new unit of similar kind and
quality.
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
Coverage Summary Page, in any one occurrence.
This deductible is not applicable in the event of a total loss or constructive total
loss.
DUTIES AFTER LOSS
After submission of the Proof of Loss in respect of a loss which may be insured
under Section I each of you may be required separately to:
1.
submit to examination under oath;
2.
produce for examination all documents in your possession or control that
relate to the application for insurance and Proof of Loss; and
3.
permit extracts and copies of such documents to be made;
1.
to accidents or occurrences which take place during the period this policy is
in force;
2.
separately to each insured against whom the claim is made or action is
brought.
2.
“Bodily Injury” means bodily injury, sickness or disease or resulting death.
1.
“Business” means any continuous or regular pursuit undertaken for financial
gain including a trade, profession or occupation.
2.
“Business Property” means property on which a business is conducted, or
property owned by any insured and rented in whole or in part to others, or held
for rental.
“Coverage Summary Page” in this Section has the same meaning as in
Section I.
“Insured” in this Section has the same meanings as in Section I. In addition, we
will insure:
1.
2.
3.
4.
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;
loss of use of tangible property.
“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.
(a) the ownership, use or operation of any motorized vehicle, trailer,
watercraft, or farm equipment, except those shown under Motorized
Vehicles You Own or those shown on the Coverage Summary Page.
No suit may be brought against us:
1.
until you have fully complied with all the terms of this Coverage, nor until the
amount of your obligation to pay has been finally determined, either by a
judgment against you or by an agreement which has our consent;
2.
more than one year after either the date of an agreement which has our
consent or of the final determination of the action against you, including
appeals, if any.
your ownership, use or occupancy of the premises defined in Section II.
We do not insure claims made against you arising from:
1.
liability you have assumed by contract unless your legal liability would have
applied even if no contract had been in force, but we do insure claims made
against you for the legal liability of other persons in relation to your premises
that you have assumed under a written contract;
2.
damage to property owned by an insured;
3.
damage to property used, occupied, leased, rented by or in the care,
custody or control of an Insured, except for unintentional property damage
to premises owned by others, or their contents, which you are using, renting
or have in your custody or control caused by fire, explosion, water damage
or smoke. This means smoke due to a sudden, unusual and faulty operation
of any heating or cooking unit in or on the premises, but not smoke from
fireplaces. Except “water damage” which is defined in Section II, all have the
same meaning as in Section I;
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;
6.
the personal actions of a named insured who does not reside on the premises
described on the Coverage Summary Page.
physical damage to, or destruction of, tangible property;
(b) immediately send to us legal documents and any other written
communications you receive concerning the accident or occurrence.
Action against Us
Defense, costs and supplementary expense payments as described under
“Defense, Settlement, Supplementary Payments” are in addition to the amount
of insurance.
SECTION II – LIABILITY COVERAGE
You must also:
(a) co-operate with us in any legal actions including obtaining witnesses,
information and evidence about the accident or occurrence, if we ask
you;
your personal actions anywhere in the world. You are not insured against:
The amount of insurance shown on the Coverage Summary Page is the maximum
amount we will pay for all compensatory damages in respect of one accident or
occurrence regardless of the number of insureds against whom claims are made
or actions are brought.
STATUTORY CONDITIONS
“Property Damage” means:
2.
We will pay all sums which you become legally liable to pay as compensatory
damages because of unintentional bodily injury or property damage arising out
of:
All of the conditions set out under the titles Statutory Conditions and Additional Conditions apply with respect to all of the perils insured under Section I except that these
conditions may be modified or supplemented by the provisions of the said Section I or by forms or endorsements which modify Section I.
DEFINITIONS (Applicable to Section II)
(b) names and addresses of witnesses and potential claimants.
This is the part of the policy you look to for protection if you are sued.
all at a reasonable place and time designated by us.
OPTIONAL PERSONAL LIABILITY
(a) the date, time, place and circumstances of the accident or occurrence;
Coverage E - Personal Liability
1.
When an accident or occurrence takes place you must promptly give us
notice (in writing if requested by us). The notice must include:
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
Unauthorized Settlements
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.
Coverage F - Voluntary Medical Payments
We will pay reasonable medical expenses, up to $4,000 or the amount shown on
the Coverage Summary Page, whichever is greater, incurred within one 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.
The amount of insurance shown on the Coverage Summary Page is the maximum
amount we will pay for each person in respect of one 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.
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
What You Must Do After an Accident or Occurrence
1.
Defense, Settlement, Supplementary Payments
When an accident or occurrence takes place you must promptly give us
notice (in writing if requested by us). The notice must include:
(a) the date, time, place and circumstances of the accident or occurrence
including the name and address of each injured person;
“Water Damage” in this Section means damage caused by:
If a claim is made against you for which you are insured under Coverage E we
will defend you, even if the claim is groundless, false, or fraudulent. We reserve
the right to select legal counsel, investigate, negotiate and settle any claim if we
decide this is appropriate. We will pay only for the legal counsel we select. We
will also pay:
1.
the sudden and accidental escape of water from a watermain;
1.
all expenses which we incur;
the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system or domestic water container,
which is located inside your trailer;
2.
all costs charged against you in any suit insured under Coverage E;
(b) submit to physical examination at our expense by doctors we select as
often as we may reasonably require;
3.
any interest accruing after judgment on that part of the judgment which is
within the amount of insurance of Coverage E;
(c) authorize us to obtain medical and other records.
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;
Action against Us
“Terrorism” in this Section has the same meaning as in Section 1.
“Trailer” in this Section has the same meaning as in Section 1.
2.
(b) names and addresses of witnesses.
2.
If requested by us, you must arrange for the injured person(s) to:
(a) give us written proof of claim as soon as possible, under oath if required;
a residence employee while performing duties in connection with the
ownership, use or operation of motorized vehicles and trailers for which
coverage is provided in this form;
3.
4.
your legal representative having temporary custody of the insured premises,
if you die while insured by this form, for legal liability arising out of the insured
premises;
the sudden and accidental escape of water from a domestic water container
located outside your trailer. However, such damage is not covered when the
escape of water is caused by freezing;
4.
water which enters your trailer through an opening which has been created
suddenly and accidentally by an insured peril.
5.
expenses which you have incurred for emergency medical or surgical
treatment to others following an accident or occurrence insured by this form;
No suit may be brought against us until you have fully complied with all the terms
of this Coverage.
any person who is insured by this form at the time of your death and who
continues residing on the insured premises.
“We”, “us” or “our” in this Section has the same meaning as in Section I.
6.
reasonable expenses including actual loss of income up to $100 per day,
which you incur at our request.
Coverage G - Voluntary Payment for Damage to Property
“Legal Liability” means responsibility which courts recognize and enforce
between persons who sue one another.
“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.
“You” or “Your” in this Section refers to the Insured.
“Premises” in this section has the same meaning as in Section I. It also includes
a swimming pool on your premises.
Page 4 of 8
Proofs and authorization may be given by someone acting on behalf of the
injured person.
We will pay for unintentional direct damage you cause to property, up to $1,000
or the amount shown on the coverage summary Page, whichever is greater, even
though you are not legally liable. You may also use this coverage to reimburse
others for direct property damage caused intentionally by an Insured, 12 years
of age or under.
Page 5 of 8
Replacement Cost
Amounts Not Reduced
COVERAGES
What You Must Do After an Accident or Occurrence
Replacement cost means the cost, on the date of the loss or damage, of the
lower of:
Any loss or damage shall not reduce the amounts of insurance provided by this
policy except in the event of a total or constructive loss under this policy in which
case the premium of this policy shall be deemed to be earned in full.
This insurance applies:
1.
(a) repairing the property with materials of similar kind and quality within 180
days of the date of loss or damage; or
(b) new articles of similar kind, quality and usefulness;
Insurance under More than One Policy
If you have insurance on specifically described property, 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.
without any deduction for depreciation.
If you do not repair or replace your property within 180 days of the date of loss or
damage, or you have not maintained the replacement cost limit for your trailer, we
will pay on the basis of actual cash value.
In all other cases, we will pay our rateable proportion of the loss or claim under
this policy.
ADDITIONAL CONDITIONS
Guaranteed Replacement Cost
Guaranteed Replacement Cost, if shown on the Coverage Summary Page, applies
for loss, damage or destruction of your trailer on the basis of the cost, at the time
of loss, of repair or replacement (whichever is less), with a new trailer of similar
kind and quality. We agree to pay without deduction for depreciation, subject to
the policy conditions and exclusions and the following special provisions:
(a) the trailer must have been maintained in good physical condition;
(b) repair or replacement must be done within 180 days of the loss or damage;
if you do not repair or replace your property, we will pay on the basis of actual
cash value;
(c) the amount payable may exceed the amount shown under “Limits” on the
Coverage Summary Page, but shall not exceed the lesser of:
Pair and Set: In the case of loss or damage to any article(s) which is(are) part
of a set the measure of loss of or damage to such article(s) will be a reasonable
and fair proportion of the total value of the set, but in no event will such loss or
damage be construed to mean total loss of the set.
Parts: In the case of loss of or damage to any part of the insured property
consisting, when complete for use, of several parts, we will not pay for more than
the insured value of the part lost or damaged, including the cost of installation.
Subrogation: We will be entitled to assume all your rights of recovery against
others and bring action in your name to enforce these rights when we make
payment or assume liability under this policy.
Your right to recover from us is not affected by any release from liability entered
into by you prior to loss.
(i) the amount actually and necessarily expended for replacement; or
(ii) the manufacturer’s suggested list price for a new unit of similar kind and
quality.
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
Coverage Summary Page, in any one occurrence.
This deductible is not applicable in the event of a total loss or constructive total
loss.
DUTIES AFTER LOSS
After submission of the Proof of Loss in respect of a loss which may be insured
under Section I each of you may be required separately to:
1.
submit to examination under oath;
2.
produce for examination all documents in your possession or control that
relate to the application for insurance and Proof of Loss; and
3.
permit extracts and copies of such documents to be made;
1.
to accidents or occurrences which take place during the period this policy is
in force;
2.
separately to each insured against whom the claim is made or action is
brought.
2.
“Bodily Injury” means bodily injury, sickness or disease or resulting death.
1.
“Business” means any continuous or regular pursuit undertaken for financial
gain including a trade, profession or occupation.
2.
“Business Property” means property on which a business is conducted, or
property owned by any insured and rented in whole or in part to others, or held
for rental.
“Coverage Summary Page” in this Section has the same meaning as in
Section I.
“Insured” in this Section has the same meanings as in Section I. In addition, we
will insure:
1.
2.
3.
4.
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;
loss of use of tangible property.
“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.
(a) the ownership, use or operation of any motorized vehicle, trailer,
watercraft, or farm equipment, except those shown under Motorized
Vehicles You Own or those shown on the Coverage Summary Page.
No suit may be brought against us:
1.
until you have fully complied with all the terms of this Coverage, nor until the
amount of your obligation to pay has been finally determined, either by a
judgment against you or by an agreement which has our consent;
2.
more than one year after either the date of an agreement which has our
consent or of the final determination of the action against you, including
appeals, if any.
your ownership, use or occupancy of the premises defined in Section II.
We do not insure claims made against you arising from:
1.
liability you have assumed by contract unless your legal liability would have
applied even if no contract had been in force, but we do insure claims made
against you for the legal liability of other persons in relation to your premises
that you have assumed under a written contract;
2.
damage to property owned by an insured;
3.
damage to property used, occupied, leased, rented by or in the care,
custody or control of an Insured, except for unintentional property damage
to premises owned by others, or their contents, which you are using, renting
or have in your custody or control caused by fire, explosion, water damage
or smoke. This means smoke due to a sudden, unusual and faulty operation
of any heating or cooking unit in or on the premises, but not smoke from
fireplaces. Except “water damage” which is defined in Section II, all have the
same meaning as in Section I;
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;
6.
the personal actions of a named insured who does not reside on the premises
described on the Coverage Summary Page.
physical damage to, or destruction of, tangible property;
(b) immediately send to us legal documents and any other written
communications you receive concerning the accident or occurrence.
Action against Us
Defense, costs and supplementary expense payments as described under
“Defense, Settlement, Supplementary Payments” are in addition to the amount
of insurance.
SECTION II – LIABILITY COVERAGE
You must also:
(a) co-operate with us in any legal actions including obtaining witnesses,
information and evidence about the accident or occurrence, if we ask
you;
your personal actions anywhere in the world. You are not insured against:
The amount of insurance shown on the Coverage Summary Page is the maximum
amount we will pay for all compensatory damages in respect of one accident or
occurrence regardless of the number of insureds against whom claims are made
or actions are brought.
STATUTORY CONDITIONS
“Property Damage” means:
2.
We will pay all sums which you become legally liable to pay as compensatory
damages because of unintentional bodily injury or property damage arising out
of:
All of the conditions set out under the titles Statutory Conditions and Additional Conditions apply with respect to all of the perils insured under Section I except that these
conditions may be modified or supplemented by the provisions of the said Section I or by forms or endorsements which modify Section I.
DEFINITIONS (Applicable to Section II)
(b) names and addresses of witnesses and potential claimants.
This is the part of the policy you look to for protection if you are sued.
all at a reasonable place and time designated by us.
OPTIONAL PERSONAL LIABILITY
(a) the date, time, place and circumstances of the accident or occurrence;
Coverage E - Personal Liability
1.
When an accident or occurrence takes place you must promptly give us
notice (in writing if requested by us). The notice must include:
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
Unauthorized Settlements
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.
Coverage F - Voluntary Medical Payments
We will pay reasonable medical expenses, up to $4,000 or the amount shown on
the Coverage Summary Page, whichever is greater, incurred within one 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.
The amount of insurance shown on the Coverage Summary Page is the maximum
amount we will pay for each person in respect of one 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.
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
What You Must Do After an Accident or Occurrence
1.
Defense, Settlement, Supplementary Payments
When an accident or occurrence takes place you must promptly give us
notice (in writing if requested by us). The notice must include:
(a) the date, time, place and circumstances of the accident or occurrence
including the name and address of each injured person;
“Water Damage” in this Section means damage caused by:
If a claim is made against you for which you are insured under Coverage E we
will defend you, even if the claim is groundless, false, or fraudulent. We reserve
the right to select legal counsel, investigate, negotiate and settle any claim if we
decide this is appropriate. We will pay only for the legal counsel we select. We
will also pay:
1.
the sudden and accidental escape of water from a watermain;
1.
all expenses which we incur;
the sudden and accidental escape of water or steam from within a plumbing,
heating, sprinkler or air conditioning system or domestic water container,
which is located inside your trailer;
2.
all costs charged against you in any suit insured under Coverage E;
(b) submit to physical examination at our expense by doctors we select as
often as we may reasonably require;
3.
any interest accruing after judgment on that part of the judgment which is
within the amount of insurance of Coverage E;
(c) authorize us to obtain medical and other records.
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;
Action against Us
“Terrorism” in this Section has the same meaning as in Section 1.
“Trailer” in this Section has the same meaning as in Section 1.
2.
(b) names and addresses of witnesses.
2.
If requested by us, you must arrange for the injured person(s) to:
(a) give us written proof of claim as soon as possible, under oath if required;
a residence employee while performing duties in connection with the
ownership, use or operation of motorized vehicles and trailers for which
coverage is provided in this form;
3.
4.
your legal representative having temporary custody of the insured premises,
if you die while insured by this form, for legal liability arising out of the insured
premises;
the sudden and accidental escape of water from a domestic water container
located outside your trailer. However, such damage is not covered when the
escape of water is caused by freezing;
4.
water which enters your trailer through an opening which has been created
suddenly and accidentally by an insured peril.
5.
expenses which you have incurred for emergency medical or surgical
treatment to others following an accident or occurrence insured by this form;
No suit may be brought against us until you have fully complied with all the terms
of this Coverage.
any person who is insured by this form at the time of your death and who
continues residing on the insured premises.
“We”, “us” or “our” in this Section has the same meaning as in Section I.
6.
reasonable expenses including actual loss of income up to $100 per day,
which you incur at our request.
Coverage G - Voluntary Payment for Damage to Property
“Legal Liability” means responsibility which courts recognize and enforce
between persons who sue one another.
“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.
“You” or “Your” in this Section refers to the Insured.
“Premises” in this section has the same meaning as in Section I. It also includes
a swimming pool on your premises.
Page 4 of 8
Proofs and authorization may be given by someone acting on behalf of the
injured person.
We will pay for unintentional direct damage you cause to property, up to $1,000
or the amount shown on the coverage summary Page, whichever is greater, even
though you are not legally liable. You may also use this coverage to reimburse
others for direct property damage caused intentionally by an Insured, 12 years
of age or under.
Page 5 of 8
We do not insure:
1.
2.
3.
damage resulting from the ownership, use or operation of any motorized
vehicle, trailer or watercraft, except those for which coverage is provided by
this form;
damage to property owned or rented by you or your tenant;
3.
damage to property which is insured under Section l;
4.
claims resulting from the loss of use, disappearance or theft of property.
4.
1.
wear and tear or mechanical breakdown;
2.
the cost of making good faulty material or workmanship, or any damage that
occurs due to any fault in design;
Injury Benefits:
what it would cost to repair or replace the property with materials of similar
quality at the time of loss;
For loss of:
the amount of insurance shown on the Coverage Summary Page.
(a) one or more of the following …………………………………. 100 weeks
3.
loss or damage as a result of your dishonest or willful act;
4.
scratching, abrasion or chipping of any personal property or breakage of
any fragile or brittle articles unless caused by part of other insured loss or
damage to your trailer;
5.
6.
• arm
7.
• foot
What You Must Do after an Accident or Occurrence
• Ieg
You must give us a written proof of claim as soon as possible, under oath if
required, containing the following information:
(b) one finger or toe ………………………………………………… 25 weeks
8.
(a) the date, time, place and circumstances of the accident or occurrence;
or
(b) the interest of all persons in the property affected.
more than one finger or toe ……………………………………. 50 weeks
If requested by us you must help us to verify the damage.
9.
or
No suit may be brought against us until:
both eyes …………………………………............................... 100 weeks
you have fully complied with all the terms of this Coverage; nor
2.
60 days after the written proof of claim has been filed with us.
(d) hearing of one ear ………………………………………………. 25 weeks
or
Coverage H - Voluntary Compensation for Residence Employees
This coverage is automatically provided for all your occasional residence
employees. It will be extended to your permanent residence employees if so
stated on the Coverage Summary Page.
hearing of both ears ……………………………...…………… 100 weeks
5.
Medical Expenses:
If, as a result of the accident, your residence employee incurs medical
expenses including surgical, dental, hospital, nursing and ambulance
expenses within the following 26 weeks, we will pay up to a maximum of
$1,000 in addition to all other benefits.
Coverage
We offer to pay the benefits described below if your residence employee is injured
or dies accidentally while working for you, even though you are not legally liable.
We will pay the cost of supplying or renewing artificial limbs or braces, made
necessary by the accident, for up to 52 weeks after the accident, up to a
maximum of $5,000. We do not insure you for costs recoverable from other
insurance plans.
If your residence employee or any person acting on his or her behalf does not
accept these benefits or sues you, we may withdraw our offer, but this will not
affect your liability insurance.
A residence employee or anyone acting on his or her behalf who accepts these
benefits must sign a release giving up any right to sue you. We have the right
to recover from anyone, other than you, who is responsible for the residence
employee's injury or death.
What You Must Do After an Accident
1.
When an accident occurs you must promptly give us notice (in writing if
requested by us). The notice must include:
a) the identity of the residence employee and the date, time, place and
circumstances of the accident;
We will not pay benefits for any hernia injury.
(b) names and addresses of witnesses.
2.
If requested by us, you must arrange for the injured residence employee to:
Schedule of Benefits
(a) submit to physical examination at our expense by doctors we select as
often as we may reasonably require;
1.
(b) authorize us to obtain medical and other records.
Loss of Life:
If your residence employee dies from injuries received in the accident within
the following 26 weeks, we will pay:
(a) a total of 100 times the weekly indemnity to those wholly dependent
upon him or her. If there is more than one dependent the amount will be
divided equally among them. This payment is in addition to any benefit for
Temporary Total Disability paid up to the date of death;
Autopsy
In case of death we can require an autopsy before we make payment.
Action against Us
No suit may be brought against us until you have fully complied with all the terms
of this Coverage.
(b) actual funeral expenses, up to $500.
2.
snowslide, earthquake, landslide or any other earth movement. This
exclusion applies regardless of any other cause or event that contributes
concurrently or in any sequence to the loss or damage but, if any of these
results in fire or explosion, we will pay for that resulting loss or damage;
domestic or domesticated animals, birds, vermin, bats, raccoons, skunks,
rodents (such as squirrels, mice and rats), moths or other insects (such as
termites) except loss or damage to glass that forms part of your trailer or
detached private structure;
smoke, meaning smoke due to a sudden, unusual and faulty operation of a
fireplace, heating or cooking unit in or on the premises or smoke from a camp
fire;
10. 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. This exclusion
applies regardless of any other cause or event that contributes concurrently
or in any sequence to the loss or damage;
11. contamination by radioactive material;
12. war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power. This exclusion applies regardless of any other
cause or event that contributes concurrently or in any sequence to the loss
or damage;
•
causing death by criminal negligence
•
causing bodily harm by criminal negligence
•
dangerous operation of motor vehicles
•
failure to stop at the scene of an accident
•
operation of motor vehicle when impaired or with more than 80 mg of alcohol
in the blood
•
refusal to comply with a demand for breath sample
•
causing bodily harm during operation of a vehicle while impaired or over
80 mg of alcohol in the blood, or
•
operating a motor vehicle while disqualified from doing so;
23. if you use or permit the vehicle to be used in a race or speed test, or for illegal
activity;
24. if you drive the vehicle while not authorized by law; and
25. if another person, with your permission, drives or operates the vehicle under
any of these conditions.
Temporary Total Disability:
If your residence employee temporarily becomes totally disabled from
injuries received in the accident within the following 14 days and cannot work
at any job, we will pay weekly indemnity up to 26 weeks while such disability
continues. We will not pay for the first 7 days unless the disability lasts for 6
weeks or more.
Basis of Claim Payment
We will pay for insured loss of or damage, including general average and salvage
charges, to the trailer, detached private structure and personal property as
described below up to your financial interest in the property but not exceeding
the applicable amount(s) of insurance for any loss or damage arising out of one
occurrence.
Basic Coverage
Trailer and Detached Private Structures – Actual Cash Value
We will pay for insured loss of or damage to the trailer and/or detached
private structures on an actual cash value basis.
Personal Property – Replacement Cost
We will pay for insured loss or damage to your personal contents on the basis
of Replacement Cost, subject to the provisions described below.
13. any intentional or criminal act or failure to act by:
Preferred Coverage
(a) any person insured by this policy; or
(b) any other person at the direction of any person insured by this policy;
Exclusions
There are other exclusions that apply to all Coverages under Section II. Please
refer to 'Exclusions - Section II".
deterioration, dampness of atmosphere, extremes in temperature,
contamination, inherent vice or latent defect, rust or corrosion, continuous
or repeated seepage or leakage, wet or dry rot, fungi or spores, acid rain,
settling, expansion, contraction, shifting, bulging, buckling or cracking, unless
fire or explosion ensues and then only for the loss or damage resulting from
such ensuing fire or explosion;
22. if you are convicted of one of the following offences under the Criminal
Code of Canada relating to the operation, care or control of the vehicle, or
committed by means of a vehicle, or any similar offence under any law in
Canada or the United States:
(c) one eye …………………………………………………………... 50 weeks
Action against Us
1.
mysterious disappearance;
nor do we insure loss or damage caused by or resulting from:
• hand
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.
2.
21. if you are unable to maintain proper control of the vehicle because you are
driving or operating the vehicle while under the influence of intoxicating
substances;
We will not pay more than 100 weeks in total even if the accident results in
loss from more than one item.
We will pay whichever is the lower amount of:
1.
nor will we pay for loss or damage caused in an incident:
We do not insure:
These benefits will be paid in addition to Temporary Total Disability Benefits
but no others.
Basis of Payment
2.
Loss or Damage Not Insured
If your residence employee becomes permanently and totally disabled from
injuries received in the accident within the following 26 weeks and cannot
work at any job, we will pay weekly indemnity for 100 weeks in addition to
benefits provided under Temporary Total Disability.
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 26 weeks of the accident,
we will pay weekly indemnity for the number of weeks shown.
There are other exclusions that apply to all Coverages under Section II. Please
refer to "Exclusions - Section II".
1.
Permanent Total Disability:
14. contamination, pollution or the release, discharge or dispersal of contaminants
or pollutants, unless caused by the bursting or overflowing of your domestic
fixed fuel oil tank, its apparatus or pipes;
15. change in ownership of property that is agreed to, even if that change was
brought about by trickery or fraud;
16. conversion, embezzlement or theft by a person in lawful possession of
trailer under a mortgage, conditional sale, lease or any other similar written
agreement;
17. directly or indirectly by a data problem, except for ensuing loss or damage
that results directly from fire, explosion, smoke or water damage, as defined
in this policy;
18. increased costs of repair or replacement due to the operation of any law
regulating the zoning, demolition, repair or construction of the trailer or
detached private structures and their related services;
19. directly or indirectly, in whole or in part, by terrorism or by any activity or
decision of a government agency or any other entity to prevent, respond to or
terminate terrorism, regardless of any other cause or event that contributes
concurrently or in any sequence to the loss or damage except for ensuing
loss or damage which results directly from fire or explosion, as described in
Insured Perils;
Trailer, Detached Private Structure and Personal Property –
Replacement Cost
We will pay for insured loss of or damage to the trailer, detached private
structures and personal property on the basis of Replacement Cost, subject
to the provisions described below.
Deluxe Coverage
Trailer – Guaranteed Replacement Cost
We will pay for insured loss or damage to the trailer on the basis of
Guaranteed Replacement Cost even it is more than the amount of insurance
for the trailer provided the trailer meets the conditions described under the
provisions of Guaranteed Replacement Cost described below.
Detached Private Structure and Personal Property – Replacement Cost
We will pay for insured loss of or damage to the trailer, detached private
structures and personal property on the basis of Replacement Cost, subject
to the provisions described below.
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.
20. directly or indirectly, in whole or in part, by grow operations or by any activity
or decision of a government agency or other entity to prevent, respond to or
terminate grow operations. Such loss or damage is excluded regardless of
any other cause or event that contributes concurrently or in any sequence to
the loss or damage except for ensuing loss or damage which results directly
from fire or explosion, as described in Named Perils;
Page 6 of 8
Page 3 of 8
(c) expenses reasonably incurred by you in arranging for return of the trailer
to your principal residence address following completion of the necessary
repairs where such repairs could not be completed within the intended period
of the vacation.
Basic Coverage (if shown on the Coverage Summary Page)
EXTENSIONS OF COVERAGE
1.
FIRE or LIGHTNING
2.
EXPLOSION. This peril excludes electric arcing, water hammer or rupture of
any vessel or conduit due to water pressure therein.
3.
FALLING OBJECT. This peril means a falling object which strikes the exterior
of the trailer or detached private structure. This peril does not include loss or
damage:
Debris Removal
We will pay up to $1,000 per occurrence for the cost of removing from the
premises, the debris of the property insured which results from loss or damage
insured by this policy.
Fire Department Charges
(a) to outdoor radio and TV antennae (including satellite receivers) and their
attachments;
We will reimburse you for fire department charges incurred for attending your
premises to save or protect insured property from loss or damage, or further
loss or damage insured against by this form. This coverage is not subject to a
deductible.
Lock Replacement
(c) by snowslide, landslide or any other earth movement.
We will pay up to $250 to replace or re-key, at our option, the locks on your trailer,
if your exterior door keys are lost or stolen, provided any theft is reported to the
police or law enforcement agency having jurisdiction at the location of the theft.
This coverage is not subject to a deductible.
Appliance Extended Warranty
Appliances eligible for this coverage will be manufacturer installed auxiliary power
plant/generator, air conditioning unit (roof mounted), central vacuum cleaner,
fresh water unit, ice maker, kitchen center, liquid propane gas system, range/
oven unit, heating system, hot water unit, refrigerator/freezer unit, television/
stereo/video system, trash compactor, and waste system. This coverage is not
subject to a deductible.
watercraft, including their attachments, equipped with an outboard motor or
motors of not more than 12kW (16 H.P.) in total when used with or on a single
watercraft;
2.
watercraft, including their attachments, equipped with any other type of
motor of not more than 38 kW (50 H.P.);
We do not insure the use or operation of any watercraft or motorized vehicle,
whether owned by you or not, while it is:
3.
non-motorized watercraft, including their attachments, not more than 8
meters (26 feet) in length;
1.
used for carrying passengers for compensation;
2.
used for business purposes;
3.
used in any race or speed test;
4.
rented to others;
5.
being owned or operated without the owner's consent if you are not the
owner.
4.
RIOT, VANDALISM or MALICIOUS ACTS. This peril does not include loss or
damage caused:
6.
(c) by theft or attempted theft.
5.
self-propelled lawn mowers, snow blowers, garden-type tractors of not more
than 19kW (25 H.P.);
motorized golf carts while in use on your premises or on a golf course. You
are also insured for the use and operation of a motorized golf cart in Canada
while within the boundaries of a golf course or gated retirement community
excluding its use or operation on any public road or by any person under the
age of 16;
motorized wheelchairs including motorized scooters having more than two
wheels and specifically designed for the carriage of a person who has a
physical disability.
WINDSTORM or HAIL. This peril does not include loss or damage to your
personal property within the trailer or to the interior of the trailer caused by
windstorm or hail or coincidental rain damage unless the storm first creates
an opening in the trailer. This peril does not include loss or damage:
Any other watercraft is insured only if liability coverage for it is shown on the
Coverage Summary Page. If the watercraft or motor with which it is equipped is
acquired after the effective date of this policy, you will be insured automatically for
a period of 30 days only from the date of acquisition.
(a) due to waves or floods, or the weight, pressure or melting of ice or snow,
whether driven by wind or not;
Watercraft and Motorized Vehicles You Do Not Own.
(b) to outdoor radio and TV antennae (including satellite receivers) and their
attachments.
6.
COLLISION (meaning contact with another object) or upset.
7.
THEFT, INCLUDING DAMAGE CAUSED BY ATTEMPTED THEFT. This peril
does not include loss or damage:
(a) caused by any person who is using the trailer with your consent or
knowledge.
You are also insured against claims arising out of your use or operation of:
1.
any type of watercraft;
2.
any self-propelled land vehicle, amphibious vehicle or air cushion vehicle,
Insured Perils
Preferred /Deluxe Coverage (if shown on the Coverage Summary Page)
Territorial Limits
You are insured against all risks of direct physical loss or damage subject to the
exclusions and conditions of this form.
You are covered within the territorial limits of Canada and the Continental United
States or upon a vessel travelling between ports of those countries.
EXCLUSIONS - SECTION I
We do not insure claims arising from:
1.
2.
war, invasion, act of a foreign enemy, hostilities, civil war, rebellion, revolution,
insurrection or military power. This exclusion applies regardless of any other
cause or event that contributes concurrently or in any sequence to the loss
or damage;
bodily injury or property damage which 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. This exclusion applies
regardless of any other cause or event that contributes concurrently or in any
sequence to the loss or damage;
3.
contamination by radioactive material;
4.
business pursuits or any business use of the premises except as provided
under "business and business property" in Section II;
Property Not Insured
We do not insure:
5.
the rendering or failure to render any professional service;
1.
jewellery, watches, gems, fur garments and garments trimmed with fur, fine
arts;
12. property at any fairground, exhibition or exposition for the purpose of
exhibition;
6.
liability imposed upon or assumed by you under any workers' compensation
statute;
2.
property pertaining to a business;
7.
3.
securities, books of account, deeds, evidence of debt or other documents to
establish ownership;
13. property illegally acquired, kept, stored or transported, or property subject to
forfeiture;
bodily injury or property damage caused by any intentional or criminal act or
failure to act by:
4.
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)
or bullion;
5.
watercraft or aircraft, their furnishings, equipment, accessories and motors;
6.
computer hardware and software, including equipment and accessories
unless used exclusively with the trailer. We do not insure the cost of gathering
or assembling information or data;
7.
animals, including birds or fish;
8.
numismatic property (such as coin collections) and philatelic property (such
as stamp collections);
9.
collectible cards (such as sports personality cards);
10. bicycles, including equipment and accessories;
11. trailers, buildings or structures used in whole or in part for business or
farming purposes or business property pertaining to a business conducted
on or away from the premises;
14. any property lawfully seized or confiscated unless such property is destroyed
to prevent the spread of fire;
(a) any person insured by this policy; or
(b) any other person at the direction of any person insured by this policy;
15. personal property while undergoing any process or while being worked on
where the loss or damage results from such process or work, but resulting
damage to other property is insured;
8.
16. property while waterborne, except while on any conveyance of a common
carrier;
9.
19. data;
20. electrical devices or appliances, not permanently installed, caused by
electrical current other than lightning, unless loss or damage by fire or
explosion ensues and then only for the loss or damage resulting from such
ensuing fire or explosion;
21. tire and tubes unless the loss is part of other insured loss or damage to your
trailer.
Page 2 of 8
(a) 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
(b) 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;
17. motorized vehicles (except described motorhome) or their equipment;
18. sporting equipment where loss or damage is due to its use;
Watercraft and Motorized Vehicle Uses We Do Not Insure.
Trailers
We insure you against claims arising out of your ownership, use or operation of
any trailer or its equipment, provided such trailer is not attached to, carried on or
being towed by a motorized vehicle subject to motor vehicle registration.
Business and Business Property
We insure you 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 temporary or part-time business pursuits of an insured person under the
age of 21 years.
Claims arising from any other business pursuit or operation are insured only if
liability coverage for it is shown on the Coverage Summary Page.
EXCLUSIONS - SECTION II
Notice to Authorities
Where loss or damage is, or is suspected to be, due to malicious acts, burglary,
robbery, theft or attempted theft, you must give immediate notice of such loss to
the police or other law enforcement agency having jurisdiction.
provided that the motorized vehicle or watercraft is not owned by any person
insured by this policy.
1.
5.
(b) any person using the trailer with your consent or knowledge;
provided that the vehicle is not subject to motor vehicle registration and is
designed primarily for use off public roads;
You are insured against claims arising out of your ownership, use or operation of:
(a) by you;
Temporary Attachments (applicable to Preferred/Deluxe Coverage only)
We will extend the repair period offered by the manufacturer(s) of your trailer
for permanently attached, manufacturer installed appliances. The warranty will
extend for an additional year on the same terms and conditions as the warranty
offered by the manufacturer(s). A copy of the manufacturer’s wording must be
provided at the time of claim. This coverage starts on the day following the end of
the warranty by the manufacturer(s).
Watercraft and Motorized Vehicles You Own.
(b) to glass;
4.
We will pay up to 10% of the amount shown for your trailer on the Coverage
Summary Page or $1,000, whichever is higher, for exterior attachments to the
trailer, including decks, patios, awnings, Florida rooms or porches, which do not
form part of the trailer while in transit.
SPECIAL LIMITATIONS
You are insured against direct loss or caused by the following named perils as
described and limited:
the transmission of communicable disease by any person insured by this
policy;
10. any type of discrimination including discrimination due to sex, age or marital
status, colour, race, creed or national origin;
11. the ownership, use or operation of any watercraft, motorized vehicle or trailer
except as provided under "watercraft and motorized vehicles" and "trailers"
in Section II;
12. the ownership, use or operation of:
(a) any aircraft;
(b) premises used as an airport or landing facility;
and all activities related to either;
13. any underground oil storage tank, related apparatus or lines supplying or
draining from such tank or apparatus where the claim is for:
(a) the actual, alleged or threatened discharge, dispersal, release, escape or
presence of "pollutants" at or from premises owned, rented or occupied
by any Insured;
(b) any loss, cost, expense or demand for payment arising out of any
governmental or other direction or request that you or others (whether
insured by this policy or otherwise) test for, monitor, clean up, remove,
contain, treat, detoxify, neutralize or otherwise deal with "pollutants",
including any such loss, cost or expense for the remediation of premises
referred to in sub-paragraph (a) above or elsewhere;
(c) any loss, cost, expense or demand for damages arising out of the
circumstances described in sub-clause (a), above, where an Insured
or any contractor or sub-contractor working directly or indirectly on an
Insured's behalf is performing operations if the operations are to test
for, monitor, clean-up, remove, contain, treat, detoxify, neutralize or
otherwise deal with "pollutants", including operations designed to
remediate the premises owned, rented or occupied by an Insured or any
other premises.
This exclusion will also apply to any above ground oil storage tank, related
apparatus or lines supplying or draining from such tank or apparatus where
the claim is for any of the items listed in sub-paragraphs (a) through (c)
above, if specified on the Coverage Summary Page.
The term "pollutants" means any solid, liquid, gaseous or thermal irritant
or contaminant, including but not limited to smoke, vapour, soot, fumes,
acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
Sub-paragraphs 12 (a) and (c) of this exclusion do not apply to claims arising
from heat, smoke or fumes from a fire which becomes uncontrollable or
breaks out from where it was intended to be.
Page 7 of 8
14. or caused 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;
15. the distribution or display of data by means of an internet website, the
internet, an intranet, extranet, or similar device or system designed or
intended for electronic communication of data;
Insurance Under More Than One Policy
VACATION TRAILER / MOTORHOME POLICY
If you have other insurance 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.
In the event that you have, under another liability policy or policies issued by us,
liability insurance which applies to a loss or claim, then under no circumstances
will we pay in total more than the highest of the liability limits stated on the
Coverage Summary Page of all such policies issued by us.
16. or caused directly or indirectly, in whole or in part, by grow operations or by
any activity or decision of a government agency or other entity to prevent,
respond to or terminate grow operations. This exclusion applies regardless
of any other contributing or aggravating cause that contributes concurrently
or in any sequence to the claim.
Agreement
We provide the insurance described in this policy in return for payment of the premiums and subject to the terms and conditions set out. All amounts of insurance, premiums
and other amounts expressed in this policy are in Canadian currency.
SECTION I
describes the insurance on your property. It also includes additional living expenses in certain circumstances.
SECTION II
(optional) describes the insurance for your legal liability for bodily injury to others or damage to property of others arising out of your premises, or your
personal actions. It also includes benefits following injury or damage to property of others in certain circumstances.
IMPORTANT
This policy contains various exclusions and limitations which eliminate or restrict coverage. Please read it carefully.
Insurance cannot be a source of profit. It is only designed to indemnify you against actual losses or expenses incurred by you or for which you are liable.
SECTION I - PROPERTY COVERAGES
CONDITIONS
Statutory Conditions 1, 3, 4, 5, and 15 incorporated in this policy apply as conditions for all Coverages under Section II.
DEFINITIONS
COVERAGES
“Business” means any continuous or regular pursuit undertaken for financial
gain including a trade, profession or occupation.
The amounts of insurance are shown on the Coverage Summary Page.
“Coverage Summary Page” means the Coverage Summary Page, Home
Insurance Certificate and/or the Declarations.
“Data” means representations of information or concepts in any form.
“Data Problem” means:
Coverage A – Trailer
We insure your trailer as shown on the Coverage Summary Page, up to the limit
shown under Dwelling Building.
Coverage B – Detached Private Structures
•
erasure, destruction, corruption, misappropriation, misinterpretation of data
We insure structures or buildings separated from your trailer, or permanently
installed outdoor equipment on the premises on which your trailer is situated.
•
error in creating, amending, entering, deleting or using data; or
We will pay on the basis of coverage shown on the Coverage Summary Page.
•
inability to receive, transmit or use data.
•
Basic Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Detached Private Structures, whichever is greater.
•
Preferred Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Detached Private Structures, whichever is greater.
•
Deluxe Coverage provides up to $5,000 or the limit shown on the Coverage
Summary page for Detached Private Structures, whichever is greater.
“Domestic water container” means a device or apparatus for personal use on
the premises for containing, heating, chilling or dispensing water.
“Fungi” includes, but is not limited to, any form or type of mould, yeast, mushroom
or mildew whether or not allergenic, pathogenic or toxigenic, and any substance,
vapour or gas produced by, emitted from or arising out of any fungi or spores or
resultant mycotoxins, allergens, or pathogens.
“Grow Operations” means cultivation, harvesting, processing, manufacture,
distribution or sale of cannabis (commonly known as marijuana) or any product
derived from or containing cannabis or any substance falling within the Controlled
Drugs and Substances Act.
Coverage C – Personal Property
“Insured” means the person(s) named as Insured on the Coverage Summary
Page and, while living in the same household:
We insure the contents of your trailer and other personal property you own, wear
or use while on the premises which are usual to the ownership or maintenance
of a trailer. Coverage applies, while in the trailer, on the premises and while
temporarily removed from the trailer, for personal property owned by you or for
which you are legally liable. It does not include equipment and accessories built
into the trailer.
•
his or her spouse
We will pay on the basis of coverage shown on the Coverage Summary Page.
•
the relatives of either; and
•
•
any person under 21 in their care
Basic Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
•
Preferred Coverage provides up to $3,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
•
Deluxe Coverage provides up to $5,000 or the limit shown on the Coverage
Summary Page for Personal Property, whichever is greater.
Spouse means:
•
either of two persons who are married to each other or who have together
entered into a marriage that is voidable or void
•
either of two persons who are living together in a conjugal relationship
outside marriage and have so lived together continuously for a period of 2
years or, if they are the natural or adoptive parents of a child, for a period of
1 year.
Only the person(s) named on the Coverage Summary Page may take legal action
against us.
“Premises” means the lot or space designated for the use of your trailer, and
any outbuildings and related structures contained within the lot lines on which the
trailer is situated.
“Spores” includes, but is not limited to, one or more reproductive particle or
microscopic fragment produced by, emitted from or arising out of any fungi.
“Surface waters” means water on the surface of the ground where water does
not usually accumulate in ordinary watercourses, lakes or ponds.
“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.
“Trailer” means a motor home or non-motorized vacation travel trailer, 5th wheel
trailer, tent trailer or slide-on camper unit, including built-in accessories and
attached equipment, furniture and fixtures, any trailer hitch, sway bar, stabilizer
that you own as described on the Coverage Summary Page.
Coverage D - Additional Living Expenses
If, as a result of direct physical damage or loss by an Insured Peril while you are
using the trailer on vacation, your trailer is unfit for occupancy or you have to
move out while repairs are being made, we will pay for any necessary increase in
living expenses incurred by you so that your household can maintain its normal
standard of living, for the lesser of:
(a) the reasonable time required to repair or replace the damaged or destroyed
property; or
(b) the intended period of vacation.
We will pay up to the following limits per occurrence based on the coverage
shown on the Coverage Summary page.
•
Basic Coverage provides up to $1,000.
•
Preferred Coverage provides up to $2,000.
•
Deluxe Coverage provides up to $2,000.
Subject to the above limits and limitations, we also insure:
(a) the loss of irrecoverable prepaid deposit(s) for rental space in camps or
trailer parks due to cancellation, curtailment or delay of scheduled travel
arrangements;
(b) expenses reasonably incurred by you for rental of a substitute trailer;
“We”, “us” or “our” means Unifund Assurance Company.
“You” or “your” refers to the Insured.
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JIL 040W (05-2012)
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