Interjurisdictional Support Orders Act

The contract

1. (1) This policy, the Act or instrument of incorporation of the society, its constitution, bylaws, and rules, and the amendments made from time to time to any of them, the application for the contract and the medical statement of the applicant, constitute the entire contract, and no agent has authority to change the contract or waive any of its provisions.

and

(b) statutory condition 5 must not be printed on the policy.

Notice of statutory conditions

91 In the case of a policy of accident insurance of a nonrenewable type issued for a term of 6 months or less or in relation to a ticket of travel, the statutory conditions need not be printed on or attached to the policy if the policy contains the following notice printed in conspicuous type: "Notwithstanding any other provision herein contained, this contract is subject to the statutory conditions in the Insurance Act respecting contracts of accident insurance".

Unpaid renewal premium

92 (1) If a policy evidencing a contract or a certificate evidencing the renewal of a contract is delivered to the insured and the initial premium or, in the case of a renewal certificate, the renewal premium therefor has not been fully paid,

(a) the contract or the renewal of it evidenced by the certificate is as binding on the insurer as if such premium had been paid although delivered by an officer or an agent of the insurer who did not have authority to deliver it, and

(b) the contract may be terminated for the nonpayment of the premium by the insurer on 10 days' notice of termination given in writing to the insured and mailed postage prepaid and registered to the latest address of the insured on the records of the insurer, and the 10 days begin on the day following the date of mailing the notice.

(2) This section does not apply to a contract of group insurance or to a contract made by a fraternal society.

Unpaid premium

93 (1) An insurer may

(a) deduct unpaid premiums from an amount which it is liable to pay under a contract, or

(b) sue the insured for unpaid premiums.

(2) If a cheque or other bill of exchange or a promissory note or other written promise to pay is given for the whole or part of a premium and payment is not made according to its tenor, the premium or part is deemed never to have been paid.

(3) Subsection (1) (a) does not apply to a contract of group insurance.

(4) This section does not apply to a contract made by a fraternal society.

Insurable interest

94 Without restricting the meaning of the expression "insurable interest", a person has an insurable interest in his or her own life and well being and in the life and well being of the following:

(a) his or her child or grandchild;

(b) his or her spouse;

(c) any person on whom he or she is wholly or in part dependent for, or from whom he or she is receiving, support or education;

(d) his or her officer or employee;

(e) any person in whom he or she has a pecuniary interest.

Lack of insurable interest

95 (1) Subject to subsection (2), if at the time a contract would otherwise take effect, the insured has no insurable interest, the contract is void.

(2) A contract is not void for lack of insurable interest

(a) if it is a contract of group insurance, or

(b) if the person insured has consented in writing to the insurance.

(3) If the person insured is under the age of 16 years, consent to the insurance may be given by one of his or her parents or by a person standing in the place of a parent.

Capacity of minors

96 (1) Except in respect of his or her rights as beneficiary, a minor who has attained the age of 16 years has the capacity of a person of the age of 21 years

(a) to make an enforceable contract, and

(b) in respect of a contract.

(2) A beneficiary who has attained the age of 18 years has the capacity of a person of the age of 21 years to receive insurance money payable to him or her and to give a valid discharge.

Duty to disclose

97 (1) An applicant for insurance on his or her own behalf and on behalf of each person to be insured, and each person to be insured, must disclose to the insurer in any application, on a medical examination, if any, and in any written statements or answers furnished as evidence of insurability, every fact within his or her knowledge that is material to the insurance and is not so disclosed by the other.

(2) Subject to sections 98 and 101, a failure to disclose, or a misrepresentation of, such a fact renders a contract voidable by the insurer.

(3) In the case of a contract of group insurance, a failure to disclose or a misrepresentation of such a fact with respect to a group person insured or a person insured under the contract does not render the contract voidable; but if evidence of insurability is specifically requested by the insurer, the insurance in respect of such a person is, subject to section 98, voidable by the insurer.

Incontestability

98 (1) Subject to section 101 and except as provided in subsection (2),

(a) if a contract, including renewals of it, except a contract of group insurance, has been in effect continuously for 2 years with respect to a person insured, a failure to disclose or a misrepresentation of a fact with respect to that person required by section 97 to be disclosed does not, except in the case of fraud, render the contract voidable, and

(b) if a contract of group insurance, including renewals of it, has been in effect continuously for 2 years with respect to a group person insured or a person insured, a failure to disclose or a misrepresentation of a fact with respect to that group person insured or person insured required by section 97 to be disclosed does not, except in the case of fraud, render the contract voidable with respect to that group person insured or person insured.

(2) If a claim arises from a loss incurred or a disability beginning before a contract, including renewals of it, has been in force for 2 years with respect to the person in respect of whom the claim is made, subsection (1) does not apply to that claim.

Application of incontestability to reinstatement

99 Sections 97 and 98 apply, as far as applicable and with the necessary changes, to a failure at the time of reinstatement of a contract to disclose or a misrepresentation at that time, and the period of 2 years to which reference is made in section 98 begins to run in respect of a reinstatement from the date of reinstatement.

Pre-existing conditions

100 If a contract contains a general exception or reduction with respect to pre-existing disease or physical conditions and the person insured or group person insured suffers or has suffered from a disease or physical condition that existed before the date the contract came into force with respect to that person and the disease or physical condition is not by name or specific description excluded from the insurance respecting that person,

(a) the prior existence of the disease or physical condition is not, except in the case of fraud, available as a defence against liability in whole or in part for a loss incurred or a disability beginning after the contract, including renewals of it, has been in force continuously for 2 years immediately before the date of loss incurred or commencement of disability with respect to that person, and

(b) the existence of the disease or physical condition is not, except in the case of fraud, available as a defence against liability in whole or in part if the disease or physical condition was disclosed in the application for the contract.

Misstatement of age

101 (1) Subject to subsections (2) and (3), if the age of the person insured has been misstated to the insurer, then, at the option of the insurer, either

(a) the benefits payable under the contract must be increased or decreased to the amount that would have been provided for the same premium at the correct age, or

(b) the premium may be adjusted in accordance with the correct age as of the date the person insured became insured.

(2) In the case of a contract of group insurance, if there is a misstatement to the insurer of the age of a group person insured or person insured, the provisions, if any, of the contract with respect to age or misstatement of age apply.

(3) If the age of a person affects the commencement or termination of the insurance, the true age governs.

Designation of beneficiary

102 (1) Unless otherwise provided in the policy, an insured may in a contract or by a declaration designate his or her personal representative or a beneficiary to receive insurance money payable in the event of death by accident, and may alter or revoke the designation by declaration.

(2) A designation in an instrument purporting to be a will is not ineffective merely because the instrument is invalid as a will or the designation is invalid as a bequest under the will.

(3) A designation in a will is of no effect against a designation made later than the making of the will.

(4) If a designation is contained in a will and subsequently the will is revoked by operation of law or otherwise, the designation is revoked.

(5) If a designation is contained in an instrument that purports to be a will and subsequently the instrument, if it had been valid as a will, would have been revoked by operation of law or otherwise, the designation is revoked.

Personal representative

103 A designation in favour of the "heirs", "next of kin" or "estate", or the use of words of like import in a designation, is deemed to be a designation of the personal representative.

Death of beneficiary

104 (1) If a beneficiary predeceases the person insured or group person insured, as the case may be, and no disposition of the share of the deceased beneficiary in the insurance money is provided in the contract or by declaration, the share is payable

(a) to the surviving beneficiary,

(b) if there is more than one surviving beneficiary, to the surviving beneficiaries in equal shares, or

(c) if there is no surviving beneficiary, to the insured or group person insured, as the case may be, or his or her personal representative.

(2) A beneficiary designated under section 102 may, on the death by accident of the person insured or group person insured, enforce for his or her own benefit, and a trustee appointed under section 105 may enforce as trustee, the payment of insurance money payable to him or her, and the payment to the beneficiary or trustee discharges the insurer to the extent of the amount paid, but the insurer may set up any defence that it could have set up against the insured or his or her personal representative.

Trustee for beneficiary

105 An insured may in a contract or by a declaration appoint a trustee for a beneficiary, and may alter or revoke the appointment by a declaration.

Documents affecting title and assignment

106 (1) Until an insurer receives at its head or principal office in Canada an instrument or an order of a court affecting the right to receive insurance money, or a notarial copy or a copy verified by statutory declaration of any such instrument or order, it may make payment of the insurance money and is as fully discharged to the extent of the amount paid as if there were no such instrument or order.

(2) Subsection (1) does not affect the rights or interests of any person other than the insurer.

(3) If an assignee of a contract gives notice in writing of the assignment to the insurer at its head or principal office in Canada, he or she has priority of interest as against

(a) any assignee other than one who gave notice earlier in like manner, and

(b) a beneficiary.

(4) If a contract is assigned unconditionally and otherwise than as security, the assignee has all the rights and interests given by the contract and by this Part to the insured, and is deemed to be the insured.

(5) A provision in a contract to the effect that the rights or interests of the insured, or in the case of a contract of group insurance the group person insured, are not assignable is valid.

Insurance money exempt from seizure

107 (1) If a beneficiary is designated, any insurance money payable to him or her is not, from the time of the happening of the event on which it becomes payable, part of the estate of the insured, and is not subject to the claims of the creditors of the insured.

(2) While there is in effect a designation of beneficiary in favour of any one or more of a spouse, child, grandchild or parent of the person insured or group person insured, the rights and interests of the insured in the insurance money and in the contract so far as either relate to accidental death benefits are exempt from execution or seizure.

Group person insured enforcing rights

108 A group person insured may, in his or her own name, enforce a right given by a contract to him or her, or to a person insured under the contract as a person dependent on or related to him or her, subject to any defence available to the insurer against him or her or such person insured or against the insured.

Simultaneous deaths

109 Unless a contract or a declaration otherwise provides, if a person insured or group person insured and a beneficiary die at the same time or in circumstances rendering it uncertain which of them survived the other, the insurance money is payable in accordance with section 104 (1) as if the beneficiary had predeceased the person insured or group person insured.

Payment into court

110 (1) If an insurer admits liability for insurance money or any part of it and it appears to the insurer that

(a) there are adverse claimants,

(b) there is no person who is capable of giving and authorized to give a valid discharge for the insurance money and who is willing to do so, or

(c) the insurance money has become unclaimed property under the Unclaimed Property Act,

the insurer may, without notice to any person, apply to the court for an order for payment of the money into court.

(1.1) On application under this section, the court may, on notice, if any, as it thinks necessary, make an order for payment of the insurance money into court.

(1.2) On payment into court of insurance money referred to in subsection (1) (c), Part 3 of the Unclaimed Property Act ceases to apply to that money.

(2) The court may fix without taxation the costs incurred for an application or order made under this section, and may order the costs to be paid out of the insurance money or by the insurer, or otherwise as it deems just.

(3) A payment made under an order under this section discharges the insurer to the extent of the payment.

Minors

111 (1) If an insurer admits liability for insurance money payable to a minor or for insurance money payable to a trustee for a beneficiary who is a minor, the insurer must, in accordance with subsection (2),

(a) in the case of money payable to a minor other than a minor referred to in paragraph (b), pay the money to the Public Guardian and Trustee in trust for the minor,

(b) in the case of money payable to a minor who has attained the age of 18 years and who is capable and willing to give a discharge for the money, pay the money to the minor, or

(c) in the case of money payable to a trustee for a beneficiary who is a minor, pay the money to the trustee.

(2) Money payable under subsection (1) must be paid within 60 days after the contract conditions respecting payment are substantially fulfilled or, if an earlier payment is required under the contract, by the date by which, under the contract, payment is to be made.

(3) An insurer who makes a payment under subsection (1) (c) must, within 30 days after the date of payment, give written notice to the Public Guardian and Trustee stating the name and address of the minor, the name and address of the trustee and the amount of the payment.

(4) Payment of the insurance money referred to in subsection (1) discharges the insurer if the payment is made in accordance with subsections (1) and (2).

Beneficiary under disability

112 If it appears that a representative of a beneficiary who is under disability may, under the law of the domicile of the beneficiary, accept payments on behalf of the beneficiary, the insurer may make payment to the representative, and any such payment discharges the insurer to the extent of the amount paid.

Payments not exceeding $2 000

113 Even though insurance money is payable to a person, the insurer may, if the contract provides, but subject always to the rights of an assignee, pay an amount not exceeding $2 000 to

(a) a relative by blood or connection by marriage of a person insured or the group person insured, or

(b) a person appearing to the insurer to be equitably entitled by reason of having incurred expense for the maintenance, medical attendance or burial of a person insured or the group person insured, or to have a claim against the estate of a person insured or the group person insured in relation to such an expense,

and any payment discharges the insurer to the extent of the amount paid.

Place of payment

114 (1) Subject to subsection (2), insurance money is payable in British Columbia.

(2) In the case of a contract of group insurance, insurance money is payable in the province or territory of Canada in which the group person insured was resident at the time the person became insured.

(3) Unless a contract otherwise provides, a reference to dollars means Canadian dollars whether the contract by its terms provides for payment in Canada or elsewhere.

(4) If a person entitled to receive insurance money is not domiciled in British Columbia, the insurer may pay the insurance money to that person or to any person who is entitled to receive it on his or her behalf by the law of the domicile of the payee, and any payment discharges the insurer to the extent of the amount paid.

(5) If insurance money is by the contract or a declaration payable to a person who has died or to his or her personal representative and that deceased person was not at the date of the death domiciled in British Columbia, the insurer may pay the insurance money to the personal representative of the person appointed under the law of his or her domicile, and any such payment discharges the insurer to the extent of the amount paid.

Action in British Columbia

115 Regardless of the place where a contract was made, a claimant who is a resident of British Columbia may bring an action in British Columbia if the insurer was authorized to transact insurance in British Columbia at the time the contract was made or at the time the action is brought.

Insurer giving information

116 An insurer does not incur any liability for any default, error or omission in giving or withholding information as to any notice or instrument that it has received and that affects the insurance money.

Undue prominence

117 The insurer must not in the policy give undue prominence to any provision or statutory condition as compared to other provisions or statutory conditions, unless the effect of that provision or statutory condition is to increase the premium or decrease the benefits otherwise provided for in the policy.

Presumption against agency

118 An officer, agent, employee or servant of the insurer, and a person soliciting insurance, whether or not he or she is an agent of the insurer, must not, to the prejudice of the insured, person insured or group person insured, be deemed to be the agent of the insured or of the person insured or group person insured in respect of any question arising out of the contract.

STATUTORY CONDITIONS
The contract
1. (1) The application, this policy, any document attached to this policy when issued, and any amendment to the contract agreed on in writing after the policy is issued constitute the entire contract, and no agent has authority to change the contract or waive any of its provisions.
Waiver
(2) The insurer is deemed not to have waived any condition of this contract, either in whole or in part, unless the waiver is clearly expressed in writing signed by the insurer.
Copy of application
(3) The insurer must, upon request, furnish to the insured or to a claimant under the contract a copy of the application.
Material facts
2. A statement made by the insured or person insured at the time of application for this contract must not be used in defence of a claim under or to avoid this contract unless it is contained in the application or any other written statements or answers furnished as evidence of insurability.
Changes in occupation
3. (1) If after the contract is issued the person insured engages for compensation in an occupation that is classified by the insurer as more hazardous than that stated in this contract, the liability under this contract is limited to the amount that the premium paid would have purchased for the more hazardous occupation according to the limits, classification of risks, and premium rates in use by the insurer at the time the person insured engaged in the more hazardous occupation.
(2) If the person insured changes his or her occupation from that stated in this contract to an occupation classified by the insurer as less hazardous and the insurer is so advised in writing, the insurer must either
(a)	reduce the premium rate, or
(b)	issue a policy for the unexpired term of this contract at the lower rate of premium applicable to the less hazardous occupation,
according to the limits, classification of risks, and premium rates used by the insurer at the date of receipt of advice of the change in occupation, and must refund to the insured the amount by which the unearned premium on this contract exceeds the premium at the lower rate for the unexpired term.
Relation of earnings to insurance
4. If the benefits for loss of time payable under this contract, either alone or together with benefits for loss of time under another contract, including a contract of group accident insurance or group sickness insurance, or of both, and a life insurance contract providing disability insurance, exceed the money value of the time of the person insured, the insurer is liable only for that proportion of the benefits for loss of time stated in this policy that the money value of the time of the person insured bears to the aggregate of the benefits for loss of time payable under all such contracts, and the excess premium, if any, paid by the insured must be returned to the insured by the insurer.
Termination by insured
5. The insured may terminate this contract at any time by giving written notice of termination to the insurer by registered mail to its head office or chief agency in British Columbia, or by delivery of it to an authorized agent of the insurer in British Columbia, and the insurer must on surrender of this policy refund the amount of premium paid in excess of the short rate premium calculated to the date of receipt of such notice according to the table in use by the insurer at the time of termination.
Termination by insurer
6. (1) The insurer may terminate this contract at any time by giving written notice of termination to the insured and by refunding concurrently with the giving of notice the amount of premium paid in excess of the proportional premium for the expired time.
(2) The notice of termination may be delivered to the insured, or it may be sent by registered mail to the latest address of the insured on the records of the insurer.
(3) If the notice of termination is delivered to the insured, 5 days' notice of termination must be given; if it is mailed to the insured, 10 days' notice of termination must be given, and the 10 days begin on the day following the date of mailing of notice.
Notice and proof of claim
7. (1) The insured or a person insured, or a beneficiary entitled to make a claim, or the agent of any of them, must
(a)	give written notice of claim to the insurer
	(i)	by delivery of it, or by sending it by registered mail to the head office or chief agency of the insurer in British Columbia, or
	(ii)	by delivery of it to an authorized agent of the insurer in British Columbia,
not later than 30 days from the date a claim arises under the contract on account of an accident, sickness or disability,
(b)	within 90 days from the date a claim arises under the contract on account of an accident, sickness or disability, furnish to the insurer such proof as is reasonably possible in the circumstances of the happening of the accident or the commencement of the sickness or disability, and the loss occasioned by it, the right of the claimant to receive payment, his or her age, and the age of the beneficiary if relevant, and
(c)	if so required by the insurer, furnish a satisfactory certificate as to the cause or nature of the accident, sickness or disability for which claim may be made under the contract and as to duration of such disability.
Failure to give notice or proof
(2) Failure to give notice of claim or furnish proof of claim within the time prescribed by this statutory condition does not invalidate the claim if the notice or proof is given or furnished as soon as reasonably possible, and in no event later than one year from the date of the accident or the date a claim arises under the contract on account of sickness or disability if it is shown that it was not reasonably possible to give notice or furnish proof within the time so prescribed.
Insurer to furnish forms for proof of claim
8. The insurer must furnish forms for proof of claim within 15 days after receiving notice of claim, but if the claimant has not received the forms within that time the claimant may submit his or her proof of claim in the form of a written statement of the cause or nature of the accident, sickness or disability giving rise to the claim and of the extent of the loss.
Rights of examination
9. As a condition precedent to recovery of insurance moneys under this contract,
(a)	the claimant must afford to the insurer an opportunity to examine the person of the person insured when and so often as it reasonably requires while the claim under this contract is pending, and
(b)	in the case of death of the person insured, the insurer may require an autopsy subject to any law of the applicable jurisdiction relating to autopsies.
When moneys payable other than for loss of time
10. All moneys payable under this contract, other than benefits for loss of time, must be paid by the insurer within 60 days after it has received proof of claim.
When loss of time benefits payable
11. The initial benefits for loss of time must be paid by the insurer within 30 days after it has received proof of claim, and payment must be made after that in accordance with the terms of the contract but not less frequently than once in each succeeding 60 days while the insurer remains liable for the payments if the person insured when required to do so furnishes before payment proof of continuing disability.
Limitation of actions
12. An action or proceeding against the insurer for the recovery of a claim under this contract must not be commenced more than one year after the date the insurance money became payable or would have become payable if it had been a valid claim.


Copyright (c) Queen's Printer, Victoria, British Columbia, Canada	IMPORTANT INFORMATION

Insurance Act

[RSBC 1996] CHAPTER 226