Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Insurance Act

Current Act: should read Proposed Act:
Definitions

1 In this Act,

  Definitions

1 In this Act,

A common-law partner of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship

(a) for a period of at least 3 years; or

(b) for a period of at least one year if there is a child of the union.

Insurable interest defined

156 Without restricting the meaning of the expression "insurable interest", a person has an insurable interest in his own life and in the life of

(a) his child or grandchild;

(b) his spouse;

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

(d) his employee; and

(e) any person in the duration of whose life he has a pecuniary interest.

  Insurable interest defined

156 Without restricting the meaning of the expression "insurable interest", a person has an insurable interest in his own life and in the life of

(a) his child or grandchild;

(b) his spouse or common-law partner;

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

(d) his employee; and

(e) any person in the duration of whose life he has a pecuniary interest.

Contract exempt from seizure

173(2) While a designation in favour of a spouse, child, grandchild or parent of a person whose life is insured, or any of them, is in effect, the insurance money and the rights and interests of the insured therein and in the contract are exempt from execution or seizure.

  Contract exempt from seizure

173(2) While a designation in favour of a spouse or common-law partner, child, grandchild or parent of a person whose life is insured, or any of them, is in effect, the insurance money and the rights and interests of the insured therein and in the contract are exempt from execution or seizure.



Insurance Act

Current Act: should read Proposed Act:
Insurable interest

216 Without restricting the meaning of the expression "insurable interest", a person has an insurable interest in his own life and well-being and in the life and well-being of

(a) his child or grandchild;

(b) his spouse;

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

(d) his officer or employee; and

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

  Insurable interest

216 Without restricting the meaning of the expression "insurable interest", a person has an insurable interest in his own life and well-being and in the life and well-being of

(a) his child or grandchild;

(b) his spouse or common-law partner;

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

(d) his officer or employee; and

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

Contract exempt from seizure

228(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.

  Contract exempt from seizure

228(2) While there is in effect a designation of beneficiary in favour of any one or more of a spouse or common-law partner, 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.



Insurance Act

Current Act: should read Proposed Act:
Death of a person named in owner's policy

239(3) Where the insured named in an owner's policy dies, the following persons shall be deemed to be the insured under the policy:

(a) the spouse of the deceased insured if residing in the same dwelling premises at the time of his death;

(b) in respect of the described automobile, a newly acquired automobile that was acquired by the deceased insured prior to his death and a temporary substitute automobile, all as defined by the policy

(i) any person having proper temporary custody thereof until grant of probate or administration to the personal representative of the deceased insured,

(ii) the personal representative of the deceased insured.

  Death of a person named in owner's policy

239(3) Where the insured named in an owner's policy dies, the following persons shall be deemed to be the insured under the policy:

(a) the spouse or common-law partner of the deceased insured if residing in the same dwelling premises at the time of his death;

(b) in respect of the described automobile, a newly acquired automobile that was acquired by the deceased insured prior to his death and a temporary substitute automobile, all as defined by the policy

(i) any person having proper temporary custody thereof until grant of probate or administration to the personal representative of the deceased insured,

(ii) the personal representative of the deceased insured.



Insurance Act

Current Act: should read Proposed Act:
Certain rules excepted

248(4) Clause (1)(c) does not include,

(a) the use by a person of his automobile for the carriage of another person in return for the formers carriage in the automobile of the latter;

(b) the occasional and infrequent use by a person of his automobile for the carriage of another person who shares the cost of the trip;

(c) the use by a person of his automobile for the carriage of a temporary or permanent domestic servant of the insured or his spouse; or

(d) the use by a person of his automobile for the carriage of a client or customer or a prospective client or customer; or

(e) the occasional and infrequent use by the insured of his automobile for the transpiration of children to or from school or school activities conducted within the education program.

  Certain rules excepted

248(4) Clause (1)(c ) does not include,

(a) the use by a person of his automobile for the carriage of another person in return for the formers carriage in the automobile of the latter;

(b) the occasional and infrequent use by a person of his automobile for the carriage of another person who shares the cost of the trip;

(c) the use by a person of his automobile for the carriage of a temporary or permanent domestic servant of the insured or his spouse or common-law partner; or

(d) the use by a person of his automobile for the carriage of a client or customer or a prospective client or customer; or

(e) the occasional and infrequent use by the insured of his automobile for the transpiration of children to or from school or school activities conducted within the education program.



Insurance Act

Current Act: should read Proposed Act:
Uninsured motorist cover

263(1) Where an insurer provides in a contract insurance against loss resulting from bodily injury to or the death of a person insured arising out of an accident involving an automobile where,

(a) there is legal liability of another person for the injury or death; and

(b) the other person has no insurance against his liability therefore or that person cannot be identified;

that insurance applies only in respect of,

(c) any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from the described automobile in respect of which insurance of the class mentioned in clause (a) of the definition 'automobile insurance" is provided under the contract; and

(d) the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving being carried in or upon or entering or getting on to or alighting from or s a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.

  Uninsured motorist cover

263(1) Where an insurer provides in a contract insurance against loss resulting from bodily injury to or the death of a person insured arising out of an accident involving an automobile where,

(a) there is legal liability of another person for the injury or death; and

(b) the other person has no insurance against his liability therefore or that person cannot be identified;

that insurance applies only in respect of,

(c) any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from the described automobile in respect of which insurance of the class mentioned in clause (a) of the definition 'automobile insurance" is provided under the contract; and

(d) the insured named in the contract and his or her spouse or common-law partner and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving being carried in or upon or entering or getting on to or alighting from or s a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.



Insurance Act

Current Act: should read Proposed Act:
Medical expense coverage

263(1) Where in a contract an insurer provides insurance against expenses for medical, surgical, dental, ambulance, hospital, professional nursing or funeral services, that insurance applies only in respect of reasonable expenses,

(a) of or incurred for any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in clause (a) of the definition "automobile insurance" is provided under the contract and

(b) of the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.

  Medical expense coverage

263(1) Where in a contract an insurer provides insurance against expenses for medical, surgical, dental, ambulance, hospital, professional nursing or funeral services, that insurance applies only in respect of reasonable expenses,

(a) of or incurred for any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in clause (a) of the definition "automobile insurance" is provided under the contract and

(b) of the insured named in the contract and his or her spouse or common-law partner and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.



Insurance Act

Current Act: should read Proposed Act:
Accident benefits

265(1) Where in a contract an insurer provides accident insurance benefits in respect of the death of, or injury to, an insured person arising out of an accident involving an automobile, the insurance applies only in respect of,

(a) any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in clause (a) of the definition "automobile insurance" is provided under the contract and

(b) the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the policy for the purposes of that insurance.

  Accident benefits

265(1) Where in a contract an insurer provides accident insurance benefits in respect of the death of, or injury to, an insured person arising out of an accident involving an automobile, the insurance applies only in respect of,

(a) any person who sustains bodily injury or death while driving, being carried in or upon or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in clause (a) of the definition "automobile insurance" is provided under the contract and

(b) the insured named in the contract and his or her spouse or common-law partner and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving or being carried in or upon or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the policy for the purposes of that insurance.

 

Current Page
Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Insurance Act
Previous Page Next Page
Homesteads Act Intestate Succession Act
Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.