Innocent Persons Insurance Recovery Act, 2017 Colle, Mike — Bill 125 (41st Parliament, 2nd Session)

Bill 125, 41-2

Ontario — Bills

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Bill 125, Innocent Persons Insurance Recovery Act, 2017

Colle, Mike

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Status

Debates

Acts affected

Original

[41] Bill 125 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Insurance Act to limit the ability

of insurance contracts to prevent recovery for loss or damage to property by

certain innocent persons if the loss or damage was caused by

an act or omission

of another person.

Bill 125 2017

Act to amend the Insurance Act with respect to recovery by innocent persons

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Insurance Act is amended by adding the

following section:

Recovery

by innocent persons

118.1

(1) If

a contract contains a term or condition excluding coverage for loss or damage

to property caused by a criminal or intentional act or omission of an insured

or any other person, the exclusion applies only to the claim of a person,

(

a) whose

act or omission caused the loss or damage;

(

b) who

abetted or colluded in the act or omission;

(

c) who,

(

i) consented

to the act or omission, and

(ii) knew

or ought to have known that the act or omission would cause the loss or damage;

(

d) who

is in a prescribed class.

Recovery

limited to proportionate interest

(2) Nothing

in subsection (1) allows a person whose property is insured under the contract

to recover more than the person's proportionate interest in the lost or damaged

property.

Compliance

with prescribed requirements

(3) A

person whose coverage under a contract would be excluded but for subsection

(1) must comply with the prescribed requirements.

Subsection 121 (1) of the Act is amended by adding the following paragraphs:

13.1 prescribing

classes of persons for the purposes of clause 118.1 (1) (d);

13.2 prescribing

requirements with which persons must comply for the purpose of subsection 118.1

(3);

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Innocent Persons

Insurance Recovery Act, 2017 .

Date Bill stage Activity Committee

April 26, 2017

First Reading

Carried

Debates and Progress

First Reading

April 26, 2017

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 125

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Insurance Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 125, 41-2
Type	bill
Volume / chapter	p41 s2 bill 125 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4c73a428dd093cfa8265a546fa49c90154acd39b

Source file is stored in the law ingest library (html).