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B.C. Reg. 337/90
O.C. 1346/90
Deposited September 7, 1990
effective September 15, 1990
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here.

Insurance Act

Insurance Classes Regulation

[includes amendments up to B.C. Reg. 574/2004, December 31, 2004]

Contents
1 Interpretation
2 Classes of insurance determined and defined

Interpretation

1In this regulation:

"Act" means the Insurance Act;

"machinery, equipment or apparatus" , as used in section 2 in the definition of "automobile insurance", does not include any machinery, equipment or apparatus that is used or operated or intended to be used or operated primarily for the purpose of propelling an automobile to which it is attached or on which it is mounted.

Classes of insurance determined and defined

2For the purpose of the Act and of the Financial Institutions Act except for section 174 of the Financial Institutions Act, each of the classes defined below shall be deemed to be a distinct class of insurance:

"accident insurance" means personal accident insurance, public liability insurance and employer's liability insurance;

"accident and sickness insurance" means personal accident insurance or sickness insurance;

"aircraft insurance" means insurance against liability for loss or damage to persons or property caused by an aircraft or the use or operation of an aircraft and against loss of or damage to an aircraft;

"automobile insurance" means insurance

(a)against liability arising out of

(i)bodily injury to or the death of a person, or

(ii)loss of or damage to property

caused by an automobile or the use or operation of it, or

(b)against loss of or damage to an automobile and the loss of use of it;

and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation of it, whether liability exists or not, if the contract also includes insurance described in paragraph (a), but does not include

(c)insurance relating to

(i)an automobile for which, or for the use or operation of which, a permit or licence is not required under the Motor Vehicle Act, or

(ii)any operation, use or loss of use of an automobile excluded by order of the Lieutenant Governor in Council,

(d)reinsurance undertaken by one insurer for liability for loss or damage assumed by another insurer, or

(e)insurance against liability arising out of

(i)bodily injury to or the death of a person, or

(ii)loss of or damage to property

caused directly or indirectly by the use or operation of the machinery, apparatus or equipment mounted on or attached to an automobile;

"boiler 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, caused by explosion of, rupture of or accident to steam boilers and pipes, engines and machinery connected therewith or operated thereby;

"boiler and machinery insurance" means boiler insurance and machinery insurance;

"civil commotion insurance" means insurance against loss of or damage to the property insured caused by bombardment, invasion, insurrection, mutiny, civil war or commotion, riot, act of foreign enemy, hostilities or warlike operations (whether war is declared or not), revolution, rebellion, conspiracy, usurped power of military, naval or air force operations, vandalism or malicious mischief;

"credit insurance" means insurance against loss caused by the insolvency, default or death of a person to whom credit is given, not being insurance included in or incidental to any other class of insurance;

"crop insurance" means insurance against loss of, or damage to, crops on the field caused by drought, flood, hail, wind, frost, lightning, excessive rain, snow, hurricane, tornado, wildlife, fire, insect infestation, plant disease or other peril;

"directors' and officers' insurance" means an undertaking by an insurer

(a)to indemnify the directors and officers of a company in respect of losses resulting from any claim made against them for a negligent or wrongful act, or

(b)to indemnify a company for all loss for which the company may be required or permitted by law to indemnify its directors and officers in respect of claims made against them for a negligent or wrongful act;

"disability insurance" means insurance undertaken by an insurer as part of a life insurance contract whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the insured becomes disabled as a result of bodily injury or disease;

"double indemnity insurance" means insurance undertaken by an insurer as part of a life insurance contract whereby the terms of the policy provide for the duration of such insurance for more than one year and for payment only in the event of the death of the insured by accident of an additional amount of insurance money not exceeding the amount payable in the event of death from other causes;

"earthquake insurance" means insurance against loss of or damage to property caused by an earthquake;

"employer's liability insurance" means insurance against liability arising out of bodily injury to, or the disability or death of, an employee of the insured occurring as a result of or in the course of the employment, and, if included in a contract that provides insurance against liability arising out of bodily injury to, or the disability or death of, an employee of the insured, includes insurance coming within the class of personal accident insurance covering an employee of the insured where the insurance is limited to accidents occurring as a result of or in the course of the employment, whether or not liability exists;

"errors and omissions insurance" means an undertaking by an insurer to pay on behalf of an insured sums which the insured is legally obligated to pay as damages because of any act, error or omission of the insured, or of any other person for whose acts, errors or omissions the insured is legally responsible, and arising out of the performance or intended performance of professional services for others, or failure to perform professional services for others that ought to be performed by the insured;

"explosion insurance" means insurance against loss of or damage to the property insured caused by explosion, other than explosion of steam boilers and pipes and engines and machinery connected therewith, and includes limited or inherent explosion insurance and machinery insurance;

"falling aircraft insurance" means insurance against loss of or damage to the property insured caused by aircraft or objects falling from aircraft;

"fidelity insurance" means insurance against loss caused by the unfaithful performance of duties by a person in a position of trust or insurance whereby an insurer undertakes to guarantee the proper fulfillment of the duties of an office;

"financial guarantee insurance" means an undertaking by an insurer to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for that performance or discharge or to pay money upon that default or in lieu of that performance or discharge or where there is loss or damage through that default, but does not include credit insurance;

"fire insurance" means insurance against loss of or damage to the property insured caused by fire, lighting, smoke or explosion due to ignition, and includes sprinkler leakage insurance;

"forgery insurance" means insurance against loss caused by forgery;

"guarantee insurance" means fidelity insurance and surety insurance;

"hail insurance" means insurance against loss of or damage to crops on the field caused by hail;

"impact by vehicles insurance" means insurance against loss of or damage to the property insured caused by a vehicle or by an object falling from a vehicle;

"inland transportation insurance" means insurance, other than marine insurance, against loss of or damage to property while in transit or during delay incidental to transit;

"legal expense insurance" means insurance against the cost incurred by a person or persons for specified legal services, including fees or other costs incurred relative to the provision of such services;

"life insurance" means life insurance as defined in the Financial Institutions Act;

"limited hail insurance" means insurance against loss of or damage to property other than crops on the field caused by hail;

"limited or inherent explosion insurance" means insurance against loss of or damage to the property insured caused by the explosion of dust, gas or any substance, where the explosion arises out of hazards inherent in the business conducted on the premises;

"livestock insurance" means insurance against the loss, sickness or death of, or injury to, animals, birds or fish;

"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 caused by a breakdown of machinery;

"marine 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 during a voyage or marine adventure at sea or on an inland waterway, or during incidental delay or during transit, otherwise than by water, incidental to such a voyage or marine adventure;

"mortgage insurance" means insurance against loss caused by default on the part of a borrower under a loan secured by a mortgage on real property, a hypothec on immovable property or an interest in real or immovable property;

"personal accident insurance" means insurance against loss or damage caused by bodily injury to or death of the person or persons insured arising out of an accident or the agreement to pay a certain sum or sums in the event of bodily injury to or death of the person or persons insured;

"personal property insurance" means insurance against loss of or damage to movable or personal property, but does not include aircraft insurance or automobile insurance;

"plate glass insurance" means insurance against loss of or damage to plate or other glass;

"product warranty insurance" means insurance, not being insurance included in or incidental to any other class of insurance, against loss of or damage to personal property, other than a motor vehicle, that is contracted between the purchaser of the property and an insurer whereby the insurer undertakes for a specific period to assume the cost of repairs or replacement;

"public liability insurance" means insurance against liability for loss or damage to persons or property that is not included in or incidental to another class of insurance;

"real property insurance" means insurance against loss of or damage to real or immovable property resulting from any cause not specifically mentioned in other classes of insurance covering real or immovable property;

"reinsurance" means insurance against some or all of the risks undertaken by an insurer;

"sickness insurance" means insurance against loss resulting from the illness or disability of a person and against expenses incurred for dental care, other than illness or disability or dental care arising from accident, but does not include disability insurance;

"sprinkler leakage insurance" means insurance against loss of or damage to the property insured from water or other substance, caused by the breakage of or leakage from sprinkler equipment or other fire protection system or pump, water pipes or plumbing and its fixtures;

"surety insurance" means insurance whereby an insurer undertakes to guarantee the due performance of any contract or undertaking, or the payment of a penalty or indemnity for any default, but does not include credit insurance or mortgage insurance;

"theft insurance" means insurance against loss of or damage to property caused by theft, wrongful conversion, burglary, housebreaking or robbery;

"title insurance" means insurance against loss or damage caused by defect in the title to real property, or by the existence of liens, encumbrances or servitudes on real property, or by other matters affecting the title to real property or the right to the use and enjoyment of real property, or by defect in the execution of mortgages, hypothecs or deeds of trust;

"vehicle warranty insurance" means insurance, not being insurance included in or incidental to automobile insurance, against loss of or damage to a motor vehicle arising from mechanical failure, that is contracted between the purchaser of the motor vehicle and an insurer whereby the insurer undertakes for a specific period to assume the cost of repairs or replacement, towing fees, car rentals and accommodation as a result of a covered mechanical failure;

"water damage insurance" means insurance against loss of or damage to property caused by the escape of water from plumbing or heating equipment of a building or from outside water mains, or by the melting of ice or snow on the roof of a building, but does not include sprinkler leakage insurance or weather insurance;

"weather insurance" means insurance against loss or damage caused by rain, tempest, flood or other climatic condition, but does not include hail insurance or windstorm insurance;

"windstorm insurance" means insurance against loss of or damage to property caused by windstorm, cyclone or tornado.

[am. B.C. Regs. 139/98; 574/2004, s. (b).]

Note: this regulation replaces B.C. Regs. 282/59 and 412/74.

[Provisions of the Insurance Act, R.S.B.C. 1996, c. 226, relevant to the enactment of this regulation: sections 1 (2) and 192]