British Columbia Gazette Part II — B.C. Reg. 403/2012
B.C. Reg. 403/2012
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Volume 55, No. 26
403/2012
The British Columbia Gazette,
Part II
December 31, 2012
B.C. Reg. 403/2012 , deposited December 19, 2012, pursuant to the REGULATIONS REGULATION [section 11] and the INSURANCE ACT [sections 149 and 150]. Approved by the Minister of Finance, dated December 17, 2012.
Pursuant to sections 10 and 11 of the Regulations Regulation, B.C. Reg. 394/83, I, Michael de Jong, Minister of Finance, approve the attached revision of the Insurance Regulation, B.C. Reg. 213/2011.
— M. DE JONG, Minister of Finance .
Insurance Act
INSURANCE REGULATION [REVISED REGULATION]
Contents
Interpretation
Limits on use of electronic communications
Notice of dispute resolution process
Notification of limitation period
Exclusion of statutory conditions
Fire exclusions
Recovery by innocent persons
Confidential information disclosure limits – group contracts
Cooling off period – life and accident and sickness contracts
Application of
Part 2 to home warranty insurance
Application of
Part 2 to deposit insurance contracts
Exemption for Catholic Mutual Relief Society of America
Transition –
Part 2 of the Act
Transition –
Part 3 of the Act
Transition –
Part 4 of the Act
Interpretation
(1) In this regulation:
"Act" means the Insurance Act , S.B.C. 2012, c. 37;
"travel insurance" means insurance
(
a) in respect of a trip by a person away from the place where the person ordinarily resides, without any individual assessment of risk, against
(
i) loss of, or damage to, personal property that occurs while on a trip,
(ii) loss that is caused by the delayed arrival of personal baggage while on the trip, or
(iii) loss that is incurred from the rental of a motor vehicle while on the trip,
(
b) in respect of a trip by a person away from the place where the person ordinarily resides,
(
i) against expenses incurred while on the trip that result from an illness or disability of the person that occurs on the trip,
(ii) against expenses incurred while on the trip that result from bodily injury to, or the death of, the person that is caused by an accident while on the trip,
(iii) whereby the insurer undertakes to pay one or more sums of money in the event of an illness or the disability of the person that occurs on the trip, or of bodily injury to, or the death of, the person that is caused by an accident on the trip,
(iv) against expenses incurred by the person for dental care necessitated by an accident while on the trip, or
(
v) in the event that the person dies while on the trip, against expenses incurred for the return of that person's remains to the place where the person was ordinarily resident before death, or travel expenses for a person to go and pick up that person's remains, or
(
c) against loss that results from the cancellation or interruption of the trip.
(2) In the Act and this regulation:
"accident and sickness insurance" means insurance
(
a) against loss resulting from bodily injury to, or the death of, a person caused by an accident,
(
b) under which an insurer undertakes to pay a sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident,
(
c) against loss resulting from the sickness or disability of a person not caused by an accident, but does not include insurance for losses resulting from the death of a person caused by sickness,
(
d) under which an insurer undertakes to pay a sum or sums of insurance money in the event of the sickness or disability of a person not caused by an accident, or
(
e) under which an insurer undertakes to pay a sum of insurance money in respect of the health care, including dental care and preventative care, of a person;
"fidelity insurance" means insurance
(
a) against loss caused by theft, the abuse of trust or the unfaithful performance of duties, by a person in a position of trust, and
(
b) under which an insurer undertakes to guarantee the proper fulfillment of the duties of an office;
"life insurance" means insurance that is payable
(
a) on the death of the person whose life is insured,
(
b) on the happening of an event or contingency dependent on human life,
(
c) at a fixed or determinable future time, or
(
d) for a term dependent on human life,
including, without limiting paragraphs (
a) to (d), insurance under which the insurer
(
e) undertakes to pay an additional sum of insurance money in the event of the death by accident of the person whose life is insured,
(
f) undertakes to pay a sum of insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease, or
(
g) undertakes to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount, for a term dependent solely or partly on a human life;
"reinsurance" means insurance against some or all of the risks undertaken by an insurer;
"statutory condition" means a condition under
section 29 or 101 of the Act;
"surety insurance" means insurance under which an insurer undertakes
(
a) to guarantee the due performance of a contract or undertaking, or
(
b) to pay a penalty or indemnity for any default in the performance of a contract or undertaking.
Limits on use of electronic communications
2 The Electronic Transactions Act and
section 7 (1) of the Act do not apply to or in respect of an insurer's notice terminating a contract under
(
a) section 20 or 106 of the Act, or
(
b) a statutory condition.
Notice of dispute resolution process
(1) An insurer must give written notice to an insured of the availability of the dispute resolution process under
section 12 of the Act
(
a) within 10 days after the insurer determines that the insurer and insured have a dispute to which
section 12 of the Act applies, or
(
b) within 70 days after the insured submits a proof of loss, if at that time the insurer has not yet made a decision in respect of a matter to which
section 12 of the Act applies.
(2) A notice under subsection (1) must include a copy of
section 12 of the Act.
Notification of limitation period
(1) In this section:
"applicable statutory limitation period" means the limitation period established for a contract by
section 23, 76 or 104 of the Act that applies in respect of the contract;
"business day" means a day other than Saturday or a holiday;
"claimant" includes a judgment creditor referred to in
section 25 [third person right of action against insurer] of the Act.
(2) An insurer must give written notice to a claimant of the applicable statutory limitation period
(
a) at the time or within 5 business days after the insurer denies liability for all or part of the claim, and
(
b) at or within 10 business days after the first anniversary of the date the insurer receives notice of a claim or of an action under
section 25 of the Act, unless the insurer has already
(
i) adjusted the loss acceptably to the claimant or settled the claim, or
(ii) provided notice to that claimant under paragraph (a).
(3) A notice under subsection (2) must contain a statement that the limitation period is set out in the Act.
(4) An insurer is not required to give notices under subsection (2) to a claimant who is represented by legal counsel.
(5) An insurer is not required to give notice under subsection (2) in respect of a claim for coverage described in paragraph (
e) of the definition of "accident and sickness insurance" in
section 1 (2) of this regulation.
(6) If an insurer fails to comply with subsection (2) in respect of a claim, the running of time with respect to the applicable statutory limitation period is suspended for the period starting on the date the notice was required to be given under that subsection and ending on the earlier of the following dates:
(
a) the date that notice is given;
(
b) the date that would cause the limitation period to exceed 6 years after the date the cause of action against the insurer arose.
Exclusion of statutory conditions
(1) The following classes of insurance are determined and defined for the purposes of this section:
"aircraft insurance" means insurance against
(
a) liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, caused by an aircraft or the use of an aircraft, or
(
b) the loss of, the loss of use of, or damage to, an aircraft;
"boiler and machinery insurance" means insurance against liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, or against the loss of, or damage to, property, caused by
(
a) the explosion or rupture of, or accident to, pressure vessels of any kind or pipes, engines and machinery connected to or operated by those pressure vessels, or
(
b) a breakdown of machinery;
"credit insurance" means insurance against loss to a creditor if the loss is the result of the insolvency or default of the creditor's debtor;
"credit protection insurance" means insurance under which an insurer undertakes to pay off credit balances or debts of an individual, in whole or in part, in the event of an impairment or potential impairment in the individual's income or ability to earn an income;
"crop and farm income insurance" means
(
a) insurance under the Insurance for Crops Act , in areas approved by the government, against
(
i) loss to crops or plants or both, or
(ii) loss because of the inability to seed due to excess ground moisture, and
(
b) insurance under a farm income plan, as defined in the Farm Income Insurance Act ;
"hail insurance" means insurance against the loss of, or damage to, crops in the field caused by hail;
"mortgage insurance" means insurance against loss caused by default on the part of a borrower under a loan secured by a mortgage or charge on, or other security interest in, real property;
"product warranty insurance" means insurance, not being insurance included in or incidental to any other class of insurance, under which the insurer undertakes, in the event of loss of, or damage to, personal property, other than a motor vehicle, to pay, for a specified period after it is purchased, the cost of repairing or replacing the personal property;
"title insurance" means insurance against loss or damage caused by
(
a) the existence of a mortgage, charge, lien, encumbrance, servitude or any other restriction on real property,
(
b) the existence of a mortgage, charge, lien, pledge, encumbrance or any other restriction on personal property,
(
c) a defect in any document that evidences the creation of any restriction referred to in paragraph (
a) or (b),
(
d) a defect in the title to real or personal property, or
(
e) any other matter affecting the title to real or personal property or affecting the right to the use and enjoyment of real or personal property;
"travel insurance" as defined in
section 1 (1);
"vehicle warranty insurance" means insurance, not being insurance included in or incidental to automobile insurance, as defined in the Classes of Insurance Regulation, under which the insurer undertakes, in the event of loss of, or damage to, a motor vehicle arising from mechanical failure, to pay, for a specified period after the motor vehicle is purchased,
(
a) the cost of repairing or replacing the motor vehicle,
(
b) towing fees,
(
c) the cost of renting a substitute motor vehicle, or
(
d) the cost of accommodation required because of the mechanical failure.
(2) The statutory conditions set out in
section 29 of the Act do not apply to the classes of insurance defined in subsection (1).
Fire exclusions
(1) For the purposes of
section 33 (1) [exclusions from coverage] of the Act, an insurer may provide in a contract that includes coverage for loss or damage by fire an exclusion for fire or explosion caused by
(
a) subject to
section 35 [recovery by innocent persons] of the Act, a criminal act or omission, or
an act or omission of the insured or a person having an insurable interest in the subject of the insurance, which act or omission was intended to bring about the loss or damage, or
(
b) riot, civil commotion, war, invasion, act of a foreign enemy, hostilities, whether war is declared or not, civil war, rebellion, revolution, insurrection or military power.
(2) For the purposes of
section 33 (1) of the Act, an insurer may provide in a contract that includes coverage for loss or damage by fire an exclusion for fire or explosion caused by terrorism but only as the contract applies to property that is not used for residential purposes.
(3) For the purposes of
section 33 (2) of the Act, except as authorized under subsections (1) and (2) of this section, an insurer may not provide in a contract that provides coverage for loss or damage by fire an exclusion for loss or damage by fire that occurs when the insured property is vacant for a period not longer than 30 days.
Recovery by innocent persons
(1) For the purposes of
section 35 (1) (d) [recovery by innocent persons] of the Act, all classes of persons other than natural persons are prescribed.
(2) For the purposes of
section 35 (3) of the Act, a person described by that provision must co-operate with the insurer in respect of the investigation of the loss, including, without limitation,
(
a) by submitting to an examination under oath, if requested by the insurer, and
(
b) by producing, for examination at a reasonable time and place designated by the insurer, documents specified by the insurer that relate to the loss.
Confidential information disclosure limits – group contracts
(1) In this section, "confidential commercial information" means information in a policy of group insurance or creditor's group insurance the disclosure of which
(
a) could reasonably be expected to harm the competitive position of the insurer or insured, or
(
b) would reveal plan design and benefits information relating to a different class of group life insured, group person insured or debtor insured than the group life insured, group person insured or debtor insured to whom or in respect of whom the disclosure is being made.
(2) For the purposes of sections 41 (8) (b) [issuance and furnishing of policy] and 96 (8) (b) [issuance and furnishing of policy] of the Act, the insurer may withhold confidential commercial information that
(
a) does not relate to the rights, responsibilities or coverage of the group life insured, group person insured or debtor insured under the contract, and
(
b) the insurer did not rely on to determine the rights, responsibilities or coverage of the group life insured, group person insured or debtor insured under the contract.
Cooling off period – life and accident and sickness contracts
(1) The following classes of insurance are determined and defined for the purposes of this section:
"annuity contract" means a contract that provides for payment of an income for a specified period or for life and under which the only benefit stated to be payable by reason of death does not exceed the sum of the amounts paid as consideration for the contract together with interest;
"travel insurance" as defined in
section 1 (1);
"variable insurance contract" means a contract of life insurance under which the interest of the purchaser is valued for purposes of conversion or surrender by reference to the value of a proportionate interest in a specified portfolio of assets.
(2) A person who purchases a contract of life insurance or accident and sickness insurance may rescind the contract by notifying the insurer within 10 days after receiving the insurance policy or within a longer period specified in the contract.
(3) Subsection (2) does not apply to
(
a) a contract of travel insurance with a term of less than 190 days,
(
b) an annuity contract, or
(
c) a variable insurance contract.
(4) If a person exercises the right under subsection (2), the insurer must refund to the person the whole of the premium that has been paid in respect of the contract.
Application of
Part 2 to home warranty insurance
10 The following provisions of the Act apply to home warranty insurance:
(
a) section 9 [contracts deemed to be made in British Columbia] ;
(
b) section 14 [waiver and estoppel] ;
(
c) section 16 [effect of terms of contract not set out in policy] ;
(
d) section 22 [claims payable in Canadian money and in British Columbia] ;
(e)
section 23 (1) (b) [limitation of actions] ;
(
f) section 24 [payment by insurer into court] ;
(
g) section 26 [insurer to furnish copy of application and policy] .
Application of
Part 2 to deposit insurance contracts
11 The following provisions of the Act apply to deposit protection contracts:
(
a) section 9 [contracts deemed to be made in British Columbia] ;
(
b) section 14 [waiver and estoppel] ;
(
c) section 16 [effect of terms of contract not set out in policy] ;
(
d) section 22 [claims payable in Canadian money and in British Columbia] ;
(e)
section 23 (1) (b) [limitation of actions] ;
(
f) section 24 [payment by insurer into court] .
Exemption for Catholic Mutual Relief Society of America
12 The Catholic Mutual Relief Society of America, as defined in
section 1 of the Insurer Exemption Regulation, B.C. Reg. 366/2007, is exempt from the following provisions of the Act in respect of contracts entered into while exempt from Parts 1 to 10 of the Financial Institutions Act in accordance with
section 2.1 of that regulation:
(
a) section 6 [application of Limitation Act ] ;
(
b) Part 2 [General Insurance Provisions] , except sections 9 [contracts deemed to be made in British Columbia] , 10 [gaming or wagering contracts voided] , 11 [contents of policy] , 19 [payment of refund to assignee] , 25 [third person right of action against insurer] , 26 [insurer to furnish copy of application and policy] , 27 [insurer to furnish forms] and 32 [unjust contract provisions] .
Transition –
Part 2 of the Act
(1) In this section, "former Act" means the Insurance Act , R.S.B.C. 1996, c. 226.
(2) The following provisions of the Insurance Amendment Act, 2009 do not apply in respect of a contract that is in effect on the date the provision comes into force until the date the contract is renewed or replaced:
(
a) section 7 insofar as it enacts
section 8 (1) (j) [contents of policy –
section 11 (1) (
j) of the Act] of the former Act;
(
b) section 11 [repealing sections 19 [time for payment of claims] and 21 [right of entry after loss] of the former Act] ;
(
c) section 13 insofar as it enacts sections 27.1 [statutory conditions –
section 29 of the Act] , 28.2 [limitation of liability clause –
section 31 of the Act] , 28.4 [exclusions from coverage –
section 33 of the Act] and 28.5 [fire perils insured against –
section 34 of the Act] of the former Act.
(3) Section 7 of the Insurance Amendment Act, 2009 , insofar as it re-enacts
section 9 [dispute resolution –
section 12 of the Act] of the former Act, does not apply to a contract in respect of a claim if the insurer has given notice in respect of the claim to an insured under
section 9 (2) [appraisals] of the former Act before the date
section 7 of the Insurance Amendment Act, 2009 comes into force.
(4) Section 8 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 12 (3) [effect of terms of contract not set out in policy –
section 16 (3) of the Act] of the former Act, does not apply in respect of a contract that is in effect on the date
section 12 (3) [section 16 (3) of the Act] of the former Act comes into force unless the contract to which the renewal receipt refers complies with
Part 2 of the former Act as amended by the Insurance Amendment Act, 2009 .
(5) The following provisions of the Insurance Amendment Act, 2009 do not apply to a contract in respect of loss or damage covered by the contract if the loss or damage occurs before the date the provision comes into force:
(
a) section 4 insofar as it enacts
section 2.4 (1) [application of Limitation Act –
section 6 (1) of the Act] of the former Act;
(
b) section 12 [re-enacting
section 22 (1) [limitation of actions] of the former Act –
section 23 (1) of the Act] ;
(
c) section 14 insofar as it enacts
section 28.6 [recovery by innocent persons –
section 35 of the Act] of the former Act.
(6) A provision of the former Act that is amended, repealed or re-enacted by a provision of the Insurance Amendment Act, 2009 continues to apply as it read immediately before the amendment, repeal or re-enactment in respect of a contract, or a matter under a contract, for any period during which the provision of the Insurance Amendment Act, 2009 does not apply under this
section to the contract or the matter under the contract.
Transition –
Part 3 of the Act
(1) In this section, "former Act" means the Insurance Act , R.S.B.C. 1996, c. 226.
(2) The following provisions of the Insurance Amendment Act, 2009 do not apply in respect of a contract that is in effect on the date the provision comes into force:
(
a) section 20 (b) [adding
section 33 (2) (g) [particulars in policy] to the former Act –
section 42 (2) (
g) of the Act] and (c) [adding
section 33 (3) to the former Act –
section 42 (3) the Act] ;
(
b) section 21 [adding
section 34 (
f) to (h) [particulars in group policy] to the former Act –
section 43 (
f) to (
h) of the Act] .
(3) Section 22 [re-enacting
section 35 [particulars in group certificate] of the former Act –
section 44 of the Act] of the Insurance Amendment Act, 2009 does not apply with respect to a certificate or other document issued under
section 35 of the former Act before the date
section 22 of the Insurance Amendment Act, 2009 comes into force.
(4) Section 31 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 47.1 (1) to (3) [termination and replacement of group policies –
section 58 (1) to (3) of the Act] of the former Act, does not apply in respect of a contract or a benefit provision that was terminated before the date
section 47.1 (1) to (3) [section 58 (1) to (3) of the Act] of the former Act comes into force.
(5) Section 47 of the Insurance Amendment Act, 2009 , insofar as it re-enacts
section 65 (1) to (4) [limitation of actions –
section 76 (1) to (4) of the Act] of the former Act, does not apply to a contract
(
a) in respect of money payable in the event of a person's death if, before the date
section 65 (1) to (4) [section 76 (1) to (4) of the Act] of the former Act comes into force,
(
i) evidence respecting the death has been furnished under
section 62 [proof of claim –
section 73 of the Act] of the former Act, or
(ii) a declaration respecting the death has been made under the Survivorship and Presumption of Death Act , or
(
b) in respect of money payable other than in the event of a person's death if, before the date
section 65 (1) to (4) [section 76 (1) to (4) of the Act] of the former Act comes into force, the first instance of the loss or occurrence giving rise to the claim for insurance money has occurred.
(6) Section 47 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 65 (5) [limitation of actions –
section 76 (5) of the Act] of the former Act, does not apply to a contract with respect to money payable on a periodic basis if, under the contract, insurance money has been paid and the next payment that would have been payable had the insurer continued to make periodic payments was due to be paid before the date
section 65 (5) [section 76 (5) of the Act] of the former Act comes into force.
(7) A provision of the former Act that is amended, repealed or re-enacted by a provision of the Insurance Amendment Act, 2009 continues to apply as it read immediately before the amendment, repeal or re-enactment in respect of a contract or a matter under a contract for any period during which the provision of the Insurance Amendment Act, 2009 does not apply to the contract or the matter under the contract under this section.
Transition –
Part 4 of the Act
(1) In this section, "former Act" means the Insurance Act , R.S.B.C. 1996, c. 226.
(2) The following provisions of the Insurance Amendment Act, 2009 do not apply in respect of a contract that is in effect on the date the provision comes into force:
(
a) section 60 (
d) and (e) [adding
section 85 (2) (
f) and (3) [particulars in policy] to the former Act –
section 97 (2) (
f) and (3) of the Act] ;
(
b) section 61 [amending
section 86 [particulars in group policy] of the former Act –
section 98 of the Act] ;
(
c) section 64 [amending
section 89 [statutory conditions] of the former Act –
section 101 of the Act] ;
(
d) section 65 [amending
section 90 [omission or variation of statutory conditions] of the former Act –
section 102 of the Act];
(
e) section 66 [amending
section 91 [notice of statutory conditions] of the former Act –
section 103 of the Act] .
(3) Section 62 [amending
section 87 [particulars in group certificate] of the former Act –
section 99 of the Act] of the Insurance Amendment Act, 2009 does not apply with respect to a certificate or other document issued under
section 87 of the former Act before the date
section 62 of the Insurance Amendment Act, 2009 comes into force.
(4) Sections 56 to 96 [amending
Part 4 [Accident and Sickness Insurance] of the former Act –
Part 4 of the Act] of the Insurance Amendment Act, 2009 do not apply in respect of a contract of creditor's group insurance that is in effect on the date those sections come into force until the earlier of the following dates:
(
a) the date the contract is renewed or replaced;
(b) 2 years after the date sections 56 to 96 of the Insurance Amendment Act, 2009 come into force.
(5) Section 67 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 91.1 (1) to (4) [limitation of actions –
section 104 (1) to (4) of the Act] of the former Act, does not apply in respect of loss or damage covered by a contract if the loss or damage occurs before the date
section 91.1 (1) to (4) [section 104 (1) to (4) of the Act] of the former Act comes into force.
(6) Section 67 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 91.1 (5) [limitation of actions –
section 104 (5) of the Act] of the former Act, does not apply to a contract with respect to money payable on a periodic basis if, under the contract, insurance money has been paid and the next payment that would have been payable had the insurer continued to make periodic payments was due to be paid before the date
section 91.1 (5) [section 104 (5) of the Act] of the former Act comes into force.
(7) Section 77 of the Insurance Amendment Act, 2009 , insofar as it enacts
section 101.1 (1) to (3) [termination and replacement of group policies –
section 116 (1) to (3) of the Act] of the former Act, does not apply in respect of a contract or a benefit provision that was terminated before the date
section 101.1 (1) to (3) [section 116 (1) to (3) of the Act] of the former Act comes into force.
(8) A provision of the former Act that is amended, repealed or re-enacted by a provision of the Insurance Amendment Act, 2009 continues to apply as it read immediately before the amendment, repeal or re-enactment in respect of a contract or a matter under a contract for any period during which the provision of the Insurance Amendment Act, 2009 does not apply to the contract or the matter under the contract under this section.
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