Bill or Act:
Summary of Proposal:
On December 14, 2017, the Stronger, Fairer Ontario Act (Budget Measures), 2017 received Royal Assent. The legislation included amendments to the Insurance Act to provide increased protection for innocent co-insured policyholders by prohibiting insurance companies from denying their claims for recovery.
These amendments, once proclaimed in force, will add a new section 129.1 to the Insurance Act, which, along with the proposed regulation, would create an exception to exclusionary clauses in insurance policies that exclude recovery of loss resulting from a criminal or intentional act or omission by a policyholder. The exception permits recovery by an innocent co-insured policyholder who was not involved in the criminal or intentional act or omission.
Further, section 129.1 provides that an innocent co-insured person who makes a claim for recovery would be required to comply with requirements prescribed in regulation. For this purpose, the regulation prescribes that an innocent co-insured is required to cooperate with the insurer and to produce all relevant documents for examination by the insurer.
January 16, 2018
Comments Due Date:
March 2, 2018
Insurance Policy Unit
Financial Institutions Policy Branch
Ministry of Finance
95 Grosvenor Street
Frost Building North, 4th Floor