Uninsured Automobile Coverage Regulations

The terms, conditions, provisions, exclusions and limits set out in the Schedule to these regulations apply to payments under a motor vehicle liability policy under subsection 156(4) of the Act and must be attached to or included in every motor vehicle liability policy, as a Schedule in or to the policy.

SCHEDULE (Section 1,

subsection 2(1))

UNINSURED AUTOMOBILE COVERAGE

Application

1. This Schedule applies to the payments provided for under every contract evidenced by a motor vehicle liability policy under subsection 156(4) of the Act.

Limits and Exclusions

2. (1) The insurer shall not be liable to make any payment,

(a) for any amount in excess of the minimum limits for automobile liability insurance in the jurisdiction in which the accident occurs regardless of the number of persons injured or killed or the damage to the automobile and contents, and in no event is the ensurer liable for any amount in excess of the minimum limits set out in section 144 of the Act;

(b) where a person insured under the contract is entitled to recover money under any valid policy of insurance, other than money payable on death, except for the difference between that entitlement and the relevant minimum limits determined under paragraph (a);

(c) where the person insured under the contract is entitled to recover money under the third party liability section of a motor vehicle liability policy;

(d) to any person involved in an accident in a jurisdiction in which a valid claim may be made for such payment against an unsatisfied judgment or similar fund;

(e) for any loss or damage caused directly or indirectly by radioactive material; or

(f) in respect of damages for accidental damage to the insured automobile and its contents, for the first $100 of any loss in any one occurrence or any amount in excess of $25,000.

(2) Where by reason of any one accident, liability results from bodily injury or death and from damage to the insured automobile or its contents,

(a) claims arising out of bodily injury or death have priority to the extent of 95% of the amount payable over claims arising out of damages to the insured automobile and its contents; and

(b) claims arising out of damage to the insured automobile and its contents have priority to the extent of 5% over claims arising out of bodily injury or death.

Accidents Involving Unidentified Automobiles

3. Where an unidentified automobile has caused bodily injury or death to a person insured under the contract,

(a) the person insured under the contract, or someone on his or her behalf, shall report the accident within 24 hours, or as soon as reasonably practicable after the accident, to a police officer and shall file with the insurer within 30 days, or as soon as reasonably practicable after the accident, a written statement that the person insured under the contract or his or her representative has a cause or causes of action arising out of the accident for damages against a person or persons whose identity cannot be ascertained and setting out the facts in support of the cause or causes of action; and

(b) at the request of the insurer, the person insured under the contract, or his or her representative, shall make available for inspection the automobile of which the person insured under the contract was an occupant at the time of the accident.

Determination of Legal Liability and Amount of Damages

4. (1) The determination as to whether the person insured under the contract is legally entitled to recover damages and, if so entitled, the amount of the damages must be determined,

(a) by agreement between the person insured under the contract and the insurer;

(b) at the request of the person insured under the contract, and with the consent of the insurer, by arbitration by some person to be chosen by both parties, or if they cannot agree on one person, then by two persons, one to be chosen by the person insured under the contract and the other by the insurer and a third person to be appointed by the persons so chosen; or

(c) by a court of competent jurisdiction in the Territories in an action brought against the insurer by the person insured under the contract, and unless the determination has been previously made in a contested action by a court of competent jurisdiction in the Territories, the insurer may include in its defence the determination and amount of liability.

(2) The Arbitration Act applies to every arbitration under paragraph (1)(b) of this section.

Notice of Legal Action

5. (1) Where the person insured under the contract or his or her representative commences a legal action for damages against any other person owning or operating an automobile involved in the accident, a copy of the statement of claim or other proceeding shall be delivered or sent by registered mail immediately to the chief agency or head office of the insurer in the Territories.

(2) Subject to section 2 of this Schedule, where the person insured under the contract or his or her representative obtains a judgment against the other person referred to in subsection (1) but is unable to recover, or to recover fully the amount of that judgment, the insurer shall, on request, pay the amount of that judgment or, as the case may be, the difference between the amount recovered under that judgement and the amount of that judgment.

(3) Before making any payment under subsection (2), the insurer may require that the person insured under the contract or his or her representative assign his or her judgment, or the balance of his or her judgment, as the case may be, to the insurer and the insurer shall account to the person insured under the contract for any recovery it makes under that judgment for an amount in excess of the amount paid to that person and its costs.

Notice and Proof of Claim

6. (1) In respect of a claim for bodily injuries or death, the person insured under the contract or his or her representative, or the person otherwise entitled to make claim or his or her representative, shall,

(a) give written notice of claim to the insurer by personal service on, or registered mail sent to, the chief agency or head office of the insurer in the Territories, within 30 days from the date of the accident or as soon as reasonably practicable;

(b) within 90 days from the date of the accident for which the claim is made, or as soon as reasonably practicable, furnish to the insurer such proof of claim as is reasonably possible in the circumstances of the happening of, and the loss occasioned by, the accident;

(c) if so required by the insurer, furnish a certificate as to the cause and nature of the accident for which the claim is made and as to the duration of the disability caused by the accident from a medical practitioner legally qualified to practice; and

(d) give details to the insurer of any policies of insurance, other than policies of life insurance, to which such person may have recourse.

(2) In respect of a claim for damage to the insured automobile or its contents, or to both the insured automobile and its contents, the provisions of statutory condition 4 of subsection 129(1) of the Act apply with necessary modifications to the insured automobile and to any contents with respect to which a claim is made.

Medical Reports

7. (1) The insurer has the right and the claimant shall afford to the insurer an opportunity to examine the person of the person insured under the contract when and as often as it reasonably requires while the claim is pending, and also, in the case of the death of the person insured under the contract, to make an autopsy subject to the law relating to autopsies.

(2) At the request of the claimant or his or her representative, the insurer shall supply to the claimant or his or her representative, as the case may be, a copy of any medical or autopsy report obtained as a result of an examination or autopsy under subsection (1).

When Moneys Payable

8. (1) No person shall bring an action to recover the amount of a claim provided for under the contract under subsection 156(4) of the Act unless the requirements of this Schedule have been complied with.

(2) Every action or proceeding against the insurer for the recovery of a claim must be commenced within two years from the date on which the cause of action against the insurer arose and not afterwards.

Limitation of Benefit Payable

9. Where a person is entitled to benefits under more than one contract providing insurance of the type set out in subsection 156(4) of the Act, that person or his or her representative or any person claiming through or under him or her may recover only an amount equal to one benefit.

Application of General Provisions

10. Insofar as applicable, the general provisions, definitions, exclusions and statutory conditions as contained in a motor vehicle liability policy also apply to payments under the contract under subsection 156(4) or the Act.

11. In this Schedule, "person insured under the contract", "unidentified automobile" and "uninsured automobile" have the same meaning as in subsection 156(1) of the Act. Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©