CERTIFICATE
OF
AUTOMOBILE
INSURANCE
(ONTARIO)
(HEREINAFTER CALLED THE INSURER)
DEFINITY INSURANCE COMPANY
HEAD OFFICE: WATERLOO, ONTARIO
PAGE 1
This is your Certificate of Automobile Insurance. Contact your Broker/Agent with any questions or if you require clarification regarding your coverage choices.
BROKER
AON REED STENHOUSE
-
5827
TEL:
Date
Prepared
DAY/MONTH/YEAR
01/09/2023
Replacing
Policy
No.
Policy No.
6962430
NAME INSURED AND
PRIMARY
ADDRESS
UBERTECH CARSHARE CANADA INC. AND ADDITIONAL INSUREDS AS
FURTHER
DESCRIBED IN SCHEDULE 1
AUTO
NO.
(A) Lessor(s) (OPCF 5) (B) Lienholder(s) (OPCF 23A) to whom loss may be jointly payable.
Name, Address & Postal
Code
AS
PER
LESSORS
SCHEDULE
(FOR
CARSHARING-ONTARIO) ATTACHED
AS PER
LIENHOLDERS (TO
WHOM LOSS MAY BE JOINTLY PAYABLE) SCHEDULE
(FOR
CARSHARING-ONTARIO) ATTACHED
POLICY EFFECTIVE DATE:
DAY/MONTH/YEAR
01/09/2023
POLICY EXPIRY DATE:
DAY/MONTH/YEAR
01/09/2024
12:01
A.M.
All times are local times at the Named
Insured’s primary
address shown
on this Certificate.
AUTO
No.
VEHICLE
CODE
DESCRIBED AUTOMOBILES
MODEL, YEAR AND MAKE
MODEL/
BODY TYPE
V.I.N. (SERIAL NO.)
C.C.
NO. OF
CYLINDERS
PURCHASE PRICE/
LIST PRICE NEW
Described Automobile(s) as defined in Schedule 1 providing Transportation Services
INSURANCE COVERAGES
AUTOMOBILE #
AUTOMOBILE #
AUTOMOBILE #
Liability
Bodily Injury
Property Damage
Limit
$2,000,000
Premium
INCL.
Premium for
Occ. Driver
Limit
Premium
Premium for
Occ. Driver
Limit
Premium
Premium for
Occ. Driver
Accident Benefits (Standard
Benefits)
As stated in
Section 4 of
Policy
INCL.
As stated in
Section 4 of
Policy
As stated in
Section 4 of
Policy
Optional Increased Accident
Benefits
Limit
Premium
Premium for
Occ. Driver
Limit
Premium
Premium for
Occ. Driver
Limit
Premium
Premium for
Occ. Driver
Income Replacement
($600/$800/$1,000)
up to $
per week
up to $
per week
up to $
per week
Caregiver, Housekeeping & Home
Maintenance
As stated in
Section 4 of
Policy
As stated in
Section 4 of
Policy
As stated in
Section 4 of
Policy
Medical, Rehabilitation & Attendant Care
($130,000)
Medical, Rehabilitation & Attendant Care
($1,000,000)
Optional Catastrophic Impairment
(additional $1,000,000 added to
Standard Benefit or Optional Medical,
Rehabilitation & Attendant Care Benefit)
Death & Funeral
Dependant Care
Indexation Benefit (Consumer Price
Index)
Uninsured Automobile
As stated in
Section 5 of
Policy
INCL.
As stated in
Section 5 of
Policy
As stated in
Section 5 of
Policy
Direct Compensation – Property
Damage*
Deductible
Premium
Premium for
Occ. Driver
Deductible
Premium
Premium for
Occ. Driver
Deductible
Premium
Premium for
Occ. Driver
*This policy contains a partial payment
of recovery clause for property damage if
a deductible is specified for direct
compensation-property damage.
As per EPCF
21A1
Attached.
INCL.
Loss or Damage**
Deductible
Premium
Premium for
Occ. Driver
Deductible
Premium
Premium for
Occ. Driver
Deductible
Premium
Premium for
Occ. Driver
Specified Perils (excluding Collision or
Upset)
Comprehensive (excluding Collision or
Upset)
As per
EPCF 21A1
Attached
Collision or Upset
As per
EPCF 21A1
Attached
All Perils
OPCF 44R Family Protection
Coverage
$2,000,000
INCL.
Subtotals
Occ Driver
Occ Driver
Occ Driver
Premium
INCL
Premium
Premium
Auto No
Policy Change Forms (EPCF/OPCF No. and Name, including limit if applicable)
EPCF/OPCF Premium
EPCF 21A1 Monthly Reporting Basis Fleet Coverage for Ontario Carsharing Endorsement
INCL
EPCF 5C Carsharing Endorsement
INCL
EPCF 5D Conversion Coverage for Carsharing (rented or leased automobiles)
INCL
CERTIFICATE
OF
AUTOMOBILE
INSURANCE
(ONTARIO)
DEFINITY INSURANCE COMPANY
HEAD OFFICE: WATERLOO, ONTARIO
Page 2
(HEREINAFTER CALLED THE INSURER)
Total Policy Premium
INCL.
Tax
Total Policy Cost
INCL.
Method of Payment
See Attached Invoice
Minimum Non-Refundable Premium
Type of Payment Plan
Total Policy Premium
Tax
Interest
Total Payable
Amount Paid with Application
Amount Still Due
No. of Remaining Instalments
Amount of Each Instalment
Instalment Due Date
RATING INFORMATION
Driver
No.
Driver Name
Age
Marital
Status
Years
Lic.
Driver’s
Training
Assignment to Auto
Convictions
Principal
Secondary
Occasional
Excluded
Serious
Major
Minor
AS KNOWN TO THE INSURER
Auto
No.
Chargeable Claims
Surcharges
Discounts
Date of Loss
(yyyy/mm/dd)
BI
PD
AB
COLL/AP
%
Description
%
Description
AS PER EPCF 21A1 ATTACHED
Auto
No.
Kilometres Driven
Gross Vehicle Weight Rating
(Commercial Vehicles Only)
Class Description
Annually
To Work (One Way)
Class
Description
AS PER EPCF 21A1 ATTACHED
Auto
No.
Driving Record
Rate Group
Rating Territory
BI
PD
AB
DCPD
COLL/AP
Vehicle
Code
AB
DCPD
COLL/AP
COMP/SP
Terr Code
Description
AS PER EPCF 21A1 ATTACHED
REMARKS
This Certificate is proof of a contract of insurance between the Named Insured and the Insurer, subject in all respects to the
Ontario Automobile Policy (OAP 1). In return for the premium charged and the statements contained in the Application, the
contract provides the coverage outlined in this Certificate. You only have a particular coverage for a specific automobile if this
Certificate shows a premium for it, or shows the coverage is provided at no cost. All other terms of the Policy remain the same
unless stated otherwise in this Certificate. Your Insurer will provide you with a copy of the Policy if you request it. This
Certificate is only valid if it is signed by an authorized representative of the Insurer. For purposes of the Insurance Companies
Act (Canada), this document was issued in the course of the Insurer’s insurance business in Canada.
President and Chief Executive Officer
This is a brief explanation of the insurance outlined in this Certificate.
Liability
Provides coverage for you or other insured persons if someone else is killed or injured or their property is damaged in an
automobile incident. It will pay for legitimate claims against you or other insured persons up to the limit of your coverage,
and the cost of settling claims.
Accident Benefits
Your insurance company is obligated to explain details of Accident Benefits coverage to you.
Provides benefits that you and other insured persons are entitled to receive if injured or killed in an automobile accident.
These benefits may include: income replacement for persons who have lost income; payments to non-earners who suffer
complete inability to carry on a normal life; payment of medical, rehabilitation and attendant care expenses; payment of
certain other expenses; payment of funeral expenses and payments to survivors of a person who is killed. You may also
purchase optional benefits to increase the standard level of benefits provided in the policy. The optional benefits your
insurance company must offer are: income replacement; medical, rehabilitation and attendant care; optional catastrophic
impairment; caregiver, housekeeping and home maintenance; death and funeral; dependant care; and an indexation
benefit.
Uninsured Automobile:
Provides coverage if you or other insured persons are injured or killed by an uninsured motorist or by a hit -and-run driver.
It covers damage to your automobile and its contents caused by an identified uninsured motorist.
Direct
Compensation
-
Property
Damage
Provides coverage in Ontario, under certain conditions, for damage to your automobile and to property it is carrying, when
another motorist is responsible. It is called Direct Compensation because you will collect from us, your insurance company,
even though you are not at fault for the accident. There may be a deductible amount, and this amount is either paid by you
toward the cost of repairs or is deducted from the loss settlement. Higher deductibles may reduce your premium.
Loss or Damage
Provides a selection of optional coverages for your own automobile. Payments cover direct and accidental loss of, or
damage to, a described automobile and its equipment. There is usually a deductible amount indicated for each coverage
and this amount is either paid by you toward the cost of repairs or is deducted from the loss settlement. Higher dedu ctibles
may reduce your premium.
There are four types of coverages:
•
Specified Perils: Covers the described automobile against loss or damage caused by certain specific
perils. They are: fire; theft or attempted theft; lightning; windstorm; hail or rising water; earthquake;
explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of aircraft; or the stranding,
sinking, burning, derailment or collision of any kind of transport in or upon which the described automobile
is being transported.
•
Comprehensive: Covers a described automobile against loss or damage other than those covered by
Collision or Upset, including perils listed under Specified Perils, falling or flying objects, missiles and
vandalism.
•
Collision or Upset: Covers damage when a described automobile is involved in a collision with another
object or tips over.
•
All Perils: Combines the Collision or Upset and Comprehensive coverages.
WARNING: The Insurance Act provides that where (a) an Applicant for a contract, (i) gives false particulars of the described automobile to be insured to the prejudice of the Insurer, or (ii) knowingly misrepresents or fails to disclose in
the application any fact required to be stated therein; or (b) the Insured contravenes a t erm of the contract or commits a fraud; or (c) the Insured wilfully makes a false statement in respect of a claim under the contract, a claim by the
Insured, for other than such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule, is inval id and the right of the Insured to recover indemnity is forfeited.
WARNING - OFFENCES
It is an offence under the Insurance Act to knowingly make a false or misleading statement or representation to an Insurer in connection with the person’s entitlement to a benefit under a contract of insurance, or to wilfully fail to inform
the Insurer of a material change in circumstances within 14 days, in connection with such entitlement. The offence is punishable on conviction by a maximum fine of $250,000 for the first offence and a maximum fine of $500,000 for any
subsequent conviction.
It is an offence under the federal Criminal Code for anyone to knowingly make or use a false document with the intent it be acted on as gen uine and the offence is punishable, on conviction, by a maximum of 10 years imprisonment.
It is an offence under the federal Criminal Code for anyone, by deceit, falsehood or other dishonest act, to defraud or to attempt to defraud an insurance company. Th e offence is punishable, on conviction, by a maximum of 14 years
imprisonment for cases involving an amount over $5,000 or otherwise a maximum of 2 years imprisonment.
This Certificate contains important information about your automobile insurance.
CANCELLATION REQUEST
(Fill out and sign when you cancel your policy)
In return for the unearned portion of the premium, if any, this policy is cancelled. Any interim and renewal certificates are no longer valid.
Policy No.
`
a.m.
Signature of Named Insured
Time
p.m.
Effective date of cancellation
Signature of Lienholder/Mortgagee/Lessor
EPCF 21A1
MONTHLY REPORTING BASIS FLEET COVERAGE FOR ONTARIO CARSHARING
ENDORSEMENT
Issued To: Named Insureds as per Schedule 1
Effective Date of Change
Year Month Day
2023 09 01
Policy No.: 6962430
Broker: Aon Reed Stenhouse
Broker No.: 5827
It is agreed that:
(a)
The policy shall provide insurance with respect to all automobiles licensed or required to be licensed in Ontario
which are:
(i) owned by and licensed in the name of the insured;
(ii) leased from the following lessor(s) for a period in excess of 30 days on which the insured as lessee is
required to provide insurance under a written lease agreement.
Lessor(s) Name(s) and Address(es)
As per Lessors Schedule (Carsharing-Ontario) attached.
(iii) leased for a period in excess of 30 days under a written lease agreement from a lessor other than those
listed above providing the name and address of such lessor is reported to the insurer within 14 days
following the date of delivery of the first such leased automobile to the insured;
(b)
1. We will provide, only for automobiles described in (a) (i), (ii), and (iii) of this change form, Liability, Accident
Benefits and Uninsured Automobile Coverages for the limits shown on your Certificate of Automobile
Insurance, together with Direct Compensation – Property Damage Coverage as provided in Section 6 of
your policy, but subject to any deductible(s) for a particular type of use or description of automobiles
shown below.
2.
We will also provide, only for automobiles described in (a) (i), (ii), and (iii) of this change form, Loss or
Damage Coverages as provided in Section 7 of your policy, but only when a deductible is shown below
for a particular type of use or description of automobiles.
Type of use or description of
automobiles
Direct
Compensation –
Property Damage
LOSS OR DAMAGE COVERAGES
Specified
Perils
Comprehensive
Collision or
Upset
All Perils
Deductible $
Deductible
$
Deductible $
Deductible $
Deductible
$
Described Vehicles as Defined in Schedule 1
$30000
This is subject to the
condition in section
(h).
$30000
This is subject to the
condition in section (h).
$30000
This is subject to
the condition in
section (h).
Any type of use or description of
automobiles not listed.
Change Forms attached to the policy
OPCF 44R, EPCF 5D, EPCF 5C
(07/23)
(c)
The schedule of automobiles filed with the insurer includes all automobiles, as set out in (a) above, at the effective date
of the Policy or renewal
NO COVERAGE IS PROVIDED BY THIS CHANGE FORM ON ANY AUTOMOBILE OWNED OR LEASED
BY THE INSURED PRIOR TO THE EFFECTIVE DATE OF THE POLICY WHICH IS NOT INCLUDED ON
THE SCHEDULE OF AUTOMOBILES FILED WITH THE INSURER UNTIL A REQUEST FOR COVERAGE
HAS BEEN FILED WITH THE INSURER.
(d)
The total premium stated in the Policy is an advance premium only and is due and payable at the effective date of the
Policy.
(e)
The premium for this Policy is based on the following rates per INCL and the estimated total of
Receipts Mileage
Other
for the policy period is:
(State Applicable Basis of Rating)
Insurance Coverages
Rate
Liability
INCL
Accident Benefits (Standard Benefits)
INCL
Optional Increased Accident Benefits
NOT COVERED
(
x
) Coverage Required
Income Replacement ($600 / $800 / $1,000) (up to $ per week
Medical, Rehabilitation & Attendant Care ( $130,000 or $1,000,000)
Optional
Catastrophic
Impairment
(additional
$1,000,000
added
to
Standard Benefit or Optional Medical, Rehabilitation & Attendant Care Benefit)
Caregiver, Housekeeping & Home Maintenance
Death & Funeral
Dependant Care
Indexation Benefit (Consumer Price Index)
Uninsured Automobile
INCL
Direct Compensation - Property Damage
INCL
Loss or Damage
Specified Perils
NOT COVERED
Comprehensive
INCL
Collision or Upset
INCL
All Perils
NOT COVERED
Change forms as attached to the policy:
INCL
Total Rate excluding Tax
INCL
(f)
On or before the fifteenth of each month during the policy period the insured shall render to the insurer a statement
of the actual amount of Receipts
Mileage Other (State Applicable Basis of Rating) for the preceding month.
Upon receipt of this statement (from the insured) the earned premium shall be computed monthly by applying the
rates specified in paragraph (e) and is due and payable as agreed between the insurer and insured.
(g)
The insurer shall have the right and opportunity, whenever the insurer so desires, to examine the books and records
of the insured insofar as they relate to the premium basis or subject matter of the Policy.
(07/23)
(h)
The stated deductible applicable to Direct Compensation – Property Damage, Collision and Comprehensive coverage
is paid solely by the Carsharing Company, as per the EPCF 5C to the insurer for the described automobile(s) as
defined in Schedule 1.
All other terms and conditions of your policy remain the same.
Date
YYYY
MM
DD
Signature of Insured
(07/23)
SCHEDULE 1
(ATTACHED TO THE CERTIFICATE OF AUTOMOBILE INSURANCE)
Insurer:
Definity Insurance Company
Policy
No.:6962430
Issued to: UberTech Carshare Canada Inc. and any
Carsharing Lessor
Effective Date:
Sept. 01, 2023 12:01 a.m. standard time
Broker:
Aon Reed Stenhouse
Broker No.:
5827
It is hereby declared and agreed that:
(i)
The Name of the Insured appearing in the Certificate of Automobile Insurance shall read:
UberTech Carshare Canada Inc. and any Carsharing Lessor.
“Carsharing Company”
means a business entity that uses a Carsharing System to connect
Carsharing Lessors with Carsharing Lessees for the purpose of Carsharing.
“Carsharing Lessor”
means a person who by agreement, rents his/her automobile to a
Carsharing Lessee through the business of Carsharing facilitated by the named insured.
“Carsharing Lessee”
means a person who rents the automobile from a Carsharing Lessor through the
business of Carsharing facilitated by the named insured. The Carsharing Lessee shall include any
person who with the consent of the Carsharing Lessee is in possession of or who operates the
automobile.
“Carsharing”
means a service through which a Carsharing Lessor makes his/her automobile
available for use to a Carsharing Lessee as a rented automobile through an application on a mobile or
web-based device facilitated by the named insured. This definition does not include any personal use
of the automobile by the Carsharing Lessor for which coverage is available under the Carsharing
Lessor’s own personal automobile insurance policy and not excluded under 1.8.3 of same.
“Carsharing System”
means an online-enabled application on a mobile or web-based device which
serves as a platform for the purpose of Carsharing.
“
Described Automobiles”
means automobiles rented by the Carsharing Lessors for the purpose of
Carsharing, which are licensed, plated and originating from the province of Ontario.
TO BE READ IN CONJUNCTION WITH THE “EPCF 5C - CARSHARING ENDORSEMENT”
WHICH FORMS PART OF THE POLICY TO WHICH THIS SCHEDULE 1 IS ATTACHED.
EPCF 5C CARSHARING ENDORSEMENT
Issued To
Named Insureds as per Schedule 1
Effective Date of Change
Year Month Day
2023 09 01
Policy
Number
6962430
See your Certificate of Automobile Insurance for which automobile(s) this change applies to.
1.
Purpose of This Change
This change is part of your policy. It removes the limitation in section 1.8.3 of your policy, “Rented or
Leased Automobile” and permission is hereby given for the automobile(s) to be rented or leased but
only with respect to Carsharing during the Delivery Period and Rental Period and provided that any
period of any such renting or leasing to any one person does not exceed thirty (30) consecutive days.
2.
What We Will Cover
(a) Section 3.2 of the Policy (“Who is Covered”) is amended to read as follows:
“you are covered when you, or anyone else in the possession of the automobile during the
Rental Period and Delivery Period with your consent, uses or operates it or rents or leases it
from you while in the course of Carsharing. We will consider these other people insured persons
under this policy but the coverage provided by this policy is excess to any third party liability
coverage available to the other insured people, including the Carsharing Lessee and driver,
under any other automobile liability policy, but shall provide primary coverage to the Carsharing
Lessor, the policy to which this endorsement is attached shall at all times respond prior to
the Carsharing Lessor’s policy, except for you, this policy does not provide any defence for the
other insured people if they are entitled to a defence under any other automobile policy.”
(b) Section 3.5.1 of the Policy (“Property Not Covered”) is amended to read as follows: Under this
Section, we will not cover claims for damage to property carried in or upon the automobile, or
claims for damages to other property owned or rented by, or in the care, custody or control of
the Carsharing Lessee or other insured persons.
3.
Coverage Priorities
(a) For the purposes of determining priority in respect of claims made for Statutory Accident
Benefits by a Carsharing Lessee, driver, passenger, pedestrian or cyclist, pursuant to s.268 of
the Insurance Act, this Policy will respond subsequent to the insurer of an automobile in respect
(07/23)
of which such claimants are an insured but this policy shall respond prior to any other
automobile liability policy available to a Carsharing Lessor.
(b) For the purposes of determining the order in which third party liability provisions of any policies
respond under s.277(1.1) of the Insurance Act, in respect of a claim made for loss or damage
for bodily injury or death arising directly or indirectly from the use or operation of the automobile
that is leased by the Carsharing Lessor for the business of Carsharing during the Rental Period
and Delivery Period, this policy shall respond prior to any other policy under which the
Carsharing Lessor, or the person to whom the Carsharing Lessor leases the automobile, is
entitled to indemnity as an insured under a contract of insurance.
(c) For the purposes of s.267.12 (1) (a) of the Insurance Act (Ontario), this policy shall be deemed
to have been issued only to the Carsharing Lessee of the automobile, and not to the Carsharing
Lessor.
4.
What We Will Not Cover
We will not cover the automobile while used for any other purpose other than for the business of
Carsharing during the Rental Period and Delivery Period.
Definitions
1. “Rental Period”
In this endorsement “Rental Period” means:
The Rental Period would start at the earliest of:
(a) The start of the Reservation Time on the Carsharing System; or
(b) When the Carsharing Lessor of an automobile provides the Carsharing Lessee with the care, custody and control of the
rented automobile which may be evidenced with the delivery of the keys, but only if the care custody and control is provided
on the same calendar day as the start of the Reservation Time on the Carsharing System.
The Rental Period would end at the latest of:
(a) The end of the Reservation Time indicated on the Carsharing System; or
(b) The intent to terminate the reservation is expressly communicated to the Carsharing Company, but only if the intended
termination is on the same calendar day as the end of the Reservation Time indicated on the Carsharing System; or
(c) The Automobile is returned to a location specified by the Carsharing Lessor of the rented automobile or the Carsharing
Company but only if the return occurs within twenty-four hours of the end of the Reservation Time as indicated on the
Carsharing system unless there are circumstances beyond the Carsharing Lessee’s control which impede their ability to
return the car prior to the Reservation Time. Any period falling after the twenty-four hour period from the end of the
Reservation Time as indicated on the Carsharing System, the Carsharing Lessee must have the express consent from the
Carsharing Lessor or the Carsharing Company to maintain care, custody and control of the rented automobile, otherwise
coverage under this policy will cease to apply.
Notwithstanding the conditions in paragraphs (a), (b) and (c) regarding the end of the Rental Period, the Rental Period ends
automatically when the Carsharing Lessor of the rented automobile or their designate retrieves the automobile or otherwise
resumes care, custody and control of the automobile which may be evidenced by possession of the keys by the Carsharing
Lessor of the rented automobile or their designate.
2. “Carsharing”
In this endorsement “Carsharing” means a service through which a Carsharing Lessor makes his/her
automobile available for use to a Carsharing Lessee as a rented automobile through an application on a
mobile or web-based device facilitated by the named insured. This definition does not include any personal
use of the automobile by the Carsharing Lessor for which coverage is available under the Carsharing
Lessor’s own personal automobile insurance policy and not excluded under 1.8.3 of same.
(07/23)
3.
“Delivery Period”
In this endorsement the “Delivery Period” means the period of time between the Carsharing Lessor’s departure
location to the delivery address as specified in the Carsharing System for the purpose of Carsharing, which shall not
exceed two (2) hours, unless circumstances arise which are beyond the Carsharing Lessor’s control that impede
his/her ability to deliver the automobile, in which case the delivery of the automobile shall not exceed twenty-four (24)
hours. The Delivery Period:
(a). Begins when the Carsharing Lessor or their designate:
(i) Has left the departure location to deliver the rented automobile for the purpose of Carsharing, or
(ii) Has resumed delivery of the rented automobile for the purpose of Carsharing; and
(b) Ends at the earliest of:
(i) When the Carsharing Lessor or their designate has completed delivery of the rented automobile to the
location designated in the Carsharing System, or
(ii) When the Carsharing Lessor has ceased providing delivery of the rented automobile for the purpose
of Carsharing, except for a temporary incidental interruption of Delivery Services.
Example #1
(Quick Stop to Gas Up Vehicle)
While providing Carsharing Services through the authorized Carsharing System, in-between the departure
location and the delivery address as specified in the Carsharing System for the purpose of Carsharing, you stop
at a gas station to fill the tank. You accidentally strike a gas pump. Since this is a temporary incidental
interruption of Carsharing Services, we will pay for repairs.
Example #2
(Haircut)
While providing Carsharing Services through the authorized Carsharing System, in-between the departure
location and the delivery address as specified in the Carsharing System for the purpose of Carsharing, you stop
at your regular barber for a haircut. You accidentally damage the building while parking your automobile. Since
this is not a temporary incidental interruption of Carsharing Services, we will not pay for repairs. You should
submit your claim to your primary insurer.
4. “Carsharing Lessee”
In this endorsement “Carsharing Lessee” means a person who rents the automobile from a Carsharing
Lessor through the business of Carsharing facilitated by the named insured. The Carsharing Lessee shall
include any person who with the consent of the Carsharing Lessee is in possession of or who operates the
automobile.
5. “Carsharing Lessor”
In this endorsement “Carsharing Lessor” means a person who by agreement, rents his/her automobile to a
Carsharing Lessee through the business of Carsharing facilitated by the named insured.
6. “Carsharing System”
In this endorsement “Carsharing System” means an online-enabled application on a mobile or web-based
device which serves as a platform for the purpose of Carsharing.
7. “Carsharing Company”
In this endorsement “Carsharing Company” means a business entity that uses a Carsharing System to
connect Carsharing Lessors with Carsharing Lessees for the purpose of Carsharing.
8. “Reservation Time”
In this endorsement “Reservation Time” means the time agreed to by the Carsharing Lessor and Carsharing
Lessee for pick up and drop off an automobile through the Carsharing System.
Except as otherwise provided in this change form, all limits, terms, conditions, provisions, definitions and
exclusions of the Policy shall have full force and effect.
(07/23)
EPCF 5D CONVERSION COVERAGE FOR
CARSHARING (rented or leased automobiles)
Issued to
Named Insureds as per Schedule 1
Effective Date of Change
Year
Month
Day
2023 09 01
Policy Number
6962430
See your Certificate of Automobile Insurance for which automobile(s) this change applies to.
In consideration of a premium as stated in the Certificate of Automobile Insurance, it is agreed
that while the automobile is rented by the Carsharing Lessor for the purpose of Carsharing
during the Delivery Period and/or the Rental Period, the exclusion under 7.2.1 of Section 7,
"Loss or Damage Coverages" of the Policy to which this change form is attached is amended
so that the first bullet point after the example reads as follows
We won't pay for loss or damage:
resulting from a dishonest claim of ownership, illegal disposal, or theft of the automobile by
anyone who has legal possession of it under a written agreement (a mortgage, conditional
sale or other similar agreement) except a lease;
Each dishonest claim of ownership, illegal disposal or theft with respect to which indemnity is
provided by this change form shall give rise to a separate claim in respect of which the
insurer's liability shall be limited to the amount of loss or damage in excess of $30000 or as
stated in the Certificate of Automobile Insurance, payable by the Carsharing Company.
Definitions
1. “Rental Period”
In this endorsement “Rental Period” means:
The Rental Period would start at the earliest of:
(a) The start of the Reservation Time on the Carsharing System; or
(b) When the Carsharing Lessor of an automobile provides the Carsharing Lessee with the care, custody and control of the
rented automobile which may be evidenced with the delivery of the keys, but only if the care custody and control is provided
on the same calendar day as the start of the Reservation Time on the Carsharing System.
The Rental Period would end at the latest of:
(a) The end of the Reservation Time indicated on the Carsharing System; or
(b) The intent to terminate the reservation is expressly communicated to the Carsharing Company, but only if the intended
termination is on the same calendar day as the end of the Reservation Time indicated on the Carsharing System; or
(c) The Automobile is returned to a location specified by the Carsharing Lessor of the rented automobile or the Carsharing
Company but only if the return occurs within twenty-four hours of the end of the Reservation Time as indicated on the
Carsharing system unless there are circumstances beyond the Carsharing Lessee’s control which impede their ability to
return the car prior to the Reservation Time. Any period falling after the twenty-four hour period from the end of the
Reservation Time as indicated on the Carsharing System, the Carsharing Lessee must have the express consent from the
Carsharing Lessor or the Carsharing Company to maintain care, custody and control of the rented automobile, otherwise
coverage under this policy will cease to apply.
Notwithstanding the conditions in paragraphs (a), (b) and (c) regarding the end of the Rental Period, the Rental Period ends
automatically when the Carsharing Lessor of the rented automobile or their designate retrieves the automobile or otherwise
resumes care, custody and control of the automobile which may be evidenced by possession of the keys by the Carsharing
Lessor of the rented automobile or their designate.
2. “Carsharing”
In this endorsement “Carsharing” means a service through which a Carsharing Lessor makes his/her
automobile available for use to a Carsharing Lessee as a rented automobile through an application on a
mobile or web-based device facilitated by the named insured. This definition does not include any personal
use of the automobile by the Carsharing Lessor for which coverage is available under the Carsharing
Lessor’s own personal automobile insurance policy and not excluded under 1.8.3 of same.
3. “Delivery Period”
In this endorsement the “Delivery Period” means the period of time between the Carsharing Lessor’s departure location to
the delivery address as specified in the Carsharing System for the purpose of Carsharing, which shall not exceed two (2)
hours, unless circumstances arise which are beyond the Carsharing Lessor’s control that impede his/her ability to deliver
the automobile, in which case the delivery of the automobile shall not exceed twenty-four (24) hours. The Delivery Period:
(a). Begins when the Carsharing Lessor or their designate:
(i) Has left the departure location to deliver the rented automobile for the purpose of Carsharing, or
(ii) Has resumed delivery of the rented automobile for the purpose of Carsharing; and
(b) Ends at the earliest of:
(i) When the Carsharing Lessor or their designate has completed delivery of the rented automobile to the
location designated in the Carsharing System, or
(ii) When the Carsharing Lessor has ceased providing delivery of the rented automobile for the purpose of
Carsharing, except for a temporary incidental interruption of Delivery Services.
Example #1
(Quick Stop to Gas Up Vehicle)
While providing Carsharing Services through the authorized Carsharing System, in-between the departure
location and the delivery address as specified in the Carsharing System for the purpose of Carsharing, you stop
at a gas station to fill the tank. You accidentally strike a gas pump. Since this is a temporary incidental
interruption of Carsharing Services, we will pay for repairs.
Example #2
(Haircut)
While providing Carsharing Services through the authorized Carsharing System, in-between the departure
location and the delivery address as specified in the Carsharing System for the purpose of Carsharing, you stop
at your regular barber for a haircut. You accidentally damage the building while parking your automobile. Since
this is not a temporary incidental interruption of Carsharing Services, we will not pay for repairs. You should
submit your claim to your primary insurer.
4. “Carsharing Lessee”
In this endorsement “Carsharing Lessee” means a person who rents the automobile from a Carsharing
Lessor through the business of Carsharing facilitated by the named insured. The Carsharing Lessee shall
include any person who with the consent of the Carsharing Lessee is in possession of or who operates the
automobile.
5. “Carsharing Lessor”
In this endorsement “Carsharing Lessor” means a person who by agreement, rents his/her automobile to a
Carsharing Lessee through the business of Carsharing facilitated by the named insured.
6. “Carsharing System”
In this endorsement “Carsharing System” means an online-enabled application on a mobile or web-based
device which serves as a platform for the purpose of Carsharing.
7. “Carsharing Company”
In this endorsement “Carsharing Company” means a business entity that uses a Carsharing System to
connect Carsharing Lessors with Carsharing Lessees for the purpose of Carsharing.
8. “Reservation Time”
In this endorsement “Reservation Time” means the time agreed to by the Carsharing Lessor and Carsharing
Lessee for pick up and drop off an automobile through the Carsharing System.
Except as otherwise provided in this change form, all limits, terms, conditions, provisions, definitions and
exclusions of the Policy shall have full force and effect.
LESSORS SCHEDULE (FOR CARSHARING-ONTARIO)
Attached to the Certificate of Automobile
Insurance (Ontario) and forming part of Policy No.: 6962430
Named Insured: Named Insureds as per Schedule 1 Effective Date: September 01, 2023
Broker Name: Aon Reed Stenhouse No.: 5827
It is hereby declared and agreed that the name of the Lessor in the Certificate of Automobile Insurance shall include all Lessors leasing an automobile
to the Carsharing Lessor.
“Carsharing” means a service through which a Carsharing Lessor makes his/her automobile available for use to a Carsharing Lessee as a rent ed
automobile through an application on a mobile or web-based device facilitated by the named insured. This definition does not include any personal
use of the automobile by the Carsharing Lessor for which coverage is available under the Carsharing Lessor’s own personal automobile insurance
policy and not excluded under 1.8.3 of same.
“Carsharing Lessee” means a person who rents the automobile from a Carsharing Lessor through the business of Carsharing facilitated by the
named insured. The Carsharing Lessee shall include any person who with the consent of the Carsharing Lessee is in possession of or who operates
the automobile.
“Carsharing Lessor” means a person who by agreement, rents his/her automobile to a Carsharing Lessee through the business of Carsharing
facilitated by the named insured.
“Carsharing System” means an online-enabled application on a mobile or web-based device which serves as a platform for the purpose of
Carsharing.
“Carsharing Company” means a business entity that uses a Carsharing System to connect Carsharing Lessors with Carsharing Lessees for the
purpose of Carsharing.
LIENHOLDERS (TO WHOM LOSSES MAY BE JOINTLY PAYABLE) SCHEDULE (FOR CARSHARING-ONTARIO)
Attached to the Certificate of Automobile
Insurance (Ontario) and forming part of Policy No.: 6962430
Named Insured: Named Insureds as per Schedule 1 Effective Date: September 01, 2023
Broker Name: Aon Reed Stenhouse No.: 5827
It is hereby declared and agreed that the name of the Lienholder in the Certificate of Automobile Insurance shall include all Lienholders who have a
registered lien on an automobile owned or leased by a Carsharing Lessor.
“Lienholders”
means
in
respect
of
an
automobile,
any
persons
who
have
a
registered
lien
on
an
automobile
owned
or
leased
by
a
Carsharing
Lessor.
“Carsharing” means a service through which a Carsharing Lessor makes his/her automobile available for use to a Carsharing Lessee as a rent ed
automobile through an application on a mobile or web-based device facilitated by the named insured. This definition does not include any personal
use of the automobile by the Carsharing Lessor for which coverage is available under the Carsharing Lessor’s own personal automobile insurance
policy and not excluded under 1.8.3 of same.
“Carsharing Lessee” means a person who rents the automobile from a Carsharing Lessor through the business of Carsharing facilitated by the
named insured. The Carsharing Lessee shall include any person who with the consent of the Carsharing Lessee is in possession of or who operates
the automobile.
“Carsharing Lessor” means a person who by agreement, rents his/her automobile to a Carsharing Lessee through the business of Carsharing
facilitated by the named insured.
“Carsharing System” means an online-enabled application on a mobile or web-based device which serves as a platform for the purpose of
Carsharing.
“Carsharing Company” means a business entity that uses a Carsharing System to connect Carsharing Lessors with Carsharing Lessees for the
purpose of Carsharing.
OPCF 44R
FAMILY PROTECTION COVERAGE
Insurer:
Definity Insurance Company
Policy No.:
6962430
Issued to: Named Insureds as per Schedule 1
Effective Date:
01-Sep-2023
12:01 a.m. standard time (dd-mmm-yyyy)
Broker:
Aon Reed Stenhouse
Broker No.:
5827
DEFINITIONS
1. Subject to section 2, in this change form,
1.1 “automobile” means a vehicle for which motor vehicle liability insurance would be required if it were
subject to the law of Ontario.
1.2 “dependent relative” means
(a) a person who is principally dependent for financial support upon the named insured or his or her
spouse, and who is
(i) under the age of 18 years;
(ii) 18 years or over and is mentally or physically incapacitated;
(iii) 18 years or over and in full time attendance at a school, college or university;
(b) a relative of the named insured or of his or her spouse, who is principally dependent on the named
insured or his or her spouse for financial support;
(c) a relative of the named insured or of his or her spouse, who resides in the same dwelling premises as
the named insured; and
(d) a relative of the named insured or of his or her spouse, while an occupant of the described automobile,
a newly acquired automobile, or a temporary substitute automobile, as defined in the Policy.
BUT subsections 1.2(c) and 1.2(d) apply only where the person injured or killed is not an insured person as
defined in the family protection coverage of any other policy of insurance or does not own, or lease for more
than 30 days, an automobile which is licensed in any jurisdiction of Canada where family protection coverage
is available.
1.3 “eligible claimant” means
(a) the insured person who sustains bodily injury; and
(b) any other person who, in the jurisdiction in which an accident occurs, is entitled to maintain an action
against the inadequately insured motorist for damages because of bodily injury to or death of an insured
person.
1.4 “family protection coverage” means the insurance provided by this change form and any similar indemnity
provided under any other contract of insurance.
1.5 “inadequately insured motorist” means
(a) the identified owner or identified driver of an automobile for which the total motor vehicle liability
insurance or bonds, cash deposits or other financial guarantees as required by law in lieu of insurance,
obtained by the owner or driver is less than the limit of family protection coverage; or
(b) the driver or owner of an uninsured automobile or unidentified automobile as defined in Section 5,
"Uninsured Automobile Coverage" of the Policy.
PROVIDED THAT
(A) where an eligible claimant is entitled to recover damages from an inadequately insured motorist and
the owner or operator of any other automobile, for the purpose of
(i) (a) above, and
(ii) determining the insurer’s limit of liability under section 4 of this change form, the limit of motor
vehicle liability insurance shall be deemed to be the aggregate of all limits of motor vehicle liability
insurance and all bonds, cash deposits or other financial guarantees as required by law in lieu of
such insurance, for all of the automobiles;
(B) where an eligible claimant is entitled to recover damages from the identified owner or identified driver
of an uninsured automobile as defined in Section 5 of the Policy, for the purpose of
(i) (a) and (b) above; and
(ii) determining the limit of coverage under section 4 of this change form; other uninsured automobile
coverage available to the eligible claimant shall be taken into account as if it were motor vehicle
liability insurance with the same limits as the uninsured automobile coverage;
(C) where an eligible claimant alleges that both the owner and driver of an automobile referred to in clause
1.5(b) cannot be determined, the eligible claimant's own evidence of the involvement of such
automobile must be corroborated by other material evidence; and
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(D) "other material evidence" for the purposes of this section means
(i) independent witness evidence, other than evidence of a spouse as defined in section 1.10 of this
change form or a dependent relative as defined in section 1.2 of this change form; or
(ii) physical evidence indicating the involvement of an unidentified automobile.
1.6 “insured person” means
(a) the named insured and his or her spouse and any dependent relative of the name insured and his or
her spouse, while
(i) an occupant of the described automobile, a newly acquired automobile or a temporary substitute
automobile as defined in the Policy;
(ii) an occupant of any other automobile except where the person leases the other automobile for a
period in excess of 30 days or owns the other automobile, unless family protection coverage is in
force in respect of the other automobile; or
(iii) not an occupant of an automobile who is struck by an automobile; and
(b) if the named insured is a corporation, an unincorporated association, partnership, sole proprietorship
or other entity, any officer, employee or partner of the named insured for whose regular use the
described automobile is provided and his or her spouse and any dependent relative of either, while
(i) an occupant of the described automobile, a newly acquired automobile or a temporary substitute
automobile as defined in the Policy;
(ii) an occupant of an automobile other than
(a) the automobile referred to in (i) above;
(b) an automobile leased by the named insured for a period in excess of 30 days; or
(c) an automobile owned by the named insured,
PROVIDED family protection coverage is in force in respect of the other automobile, or
(iii) not an occupant of an automobile, who is struck by an automobile;
EXCEPT THAT
where the Policy has been changed to grant permission to rent or lease the described automobile for
a period in excess of 30 days, any reference to the named insured shall be construed as a reference
to the lessee specified in that change form.
1.7 “limit of family protection coverage” means the amount set out in the Certificate of Automobile Insurance
with respect to this change form, but if no amount is set out in the Certificate, the limit for liability coverage
set out in the Certificate with respect to the automobile to which this change form applies is the limit of
family protection coverage.
1.8 “limit of motor vehicle liability insurance” means the amount stated in the Certificate of Automobile
Insurance as the limit of liability of the insurer with respect to liability claims, regardless of whether the limit
is reduced by the payment of claims or otherwise;
PROVIDED THAT in the event that an insurer’s liability under a policy is reduced by operation of law to the
statutory minimum limits in a jurisdiction because of a breach of the Policy, the statutory minimum limits are
the limits of motor vehicle liability insurance in the Policy.
1.9 “Policy” means the Policy to which this change form is attached.
1.10 Spouse means either of two persons who:
(a) are married to each other;
(b) have together entered into a marriage that is voidable or void, in good faith on the part of the person
making a claim under this policy; or
(c) have lived together in a conjugal relationship outside marriage,
(i) continuously for a period of not less than three years, or
(ii) in a relationship of some permanence, if they are the natural or adoptive parents of a child.
1.11 “uninsured automobile” means an automobile with respect to which neither the owner nor driver thereof
has applicable and collectible bodily injury liability and property damage liability insurance for its ownership,
use or operation, but does not include an automobile owned by or registered in the name of the insured or
his or her spouse.
2. The definitions in section 1 apply as of the time of the happening of an accident for which indemnity is provided
under this change form.
INSURING AGREEMENT
3. In consideration of a premium of $INC or as stated in the Certificate of Automobile Insurance to which this change
form is attached, the insurer shall indemnify an eligible claimant for the amount that he or she is legally entitled
to recover from an inadequately insured motorist as compensatory damages in respect of bodily injury to or
death of an insured person arising directly or indirectly from the use or operation of an automobile.
LIMIT OF COVERAGE UNDER THIS CHANGE FORM
4. The insurer’s maximum liability under this change form, regardless of the number of eligible claimants or insured
persons injured or killed or the number of automobiles insured under the Policy, is the amount by
Page 2 of 4 (11/05)
which the limit of family protection coverage exceeds the total of all limits of motor vehicle liability insurance, or
bonds, or cash deposits, or other financial guarantees as required by law in lieu of such insurance, of the
inadequately insured motorist and of any person jointly liable with that motorist.
5. Where this change form applies as excess, the insurer’s maximum liability under this change form is the amount
calculated under section 4 of this change form, less the amounts available to eligible claimants under any first
loss insurance referred to in Section 18 of this change form.
AMOUNT PAYABLE PER ELIGIBLE CLAIMANT
6. The amount payable to an eligible claimant under this change form shall be calculated by determining the amount
of damages the eligible claimant is legally entitled to recover from the inadequately insured motorist, and
deducting from that amount the aggregate of the amounts referred to in Section 7 of this change form, but in no
event shall the insurer be obliged to pay an amount in excess of the limit of coverage as determined under
Sections 4 and 5 of this change form.
7. The amount payable under this change form to an eligible claimant is excess to an amount received by the
eligible claimant from any source, other than money payable on death under a policy of insurance, and is excess
to amounts that were available to the eligible claimant from
(a) the insurers of the inadequately insured motorist, and from bonds, cash deposits or other financial
guarantees given on behalf of the inadequately insured motorist;
(b) the insurers of a person jointly liable with the inadequately insured motorist for the damages
sustained by an insured person;
(c) the Société de l’assurance automobile du Québec;
(d) an unsatisfied judgment fund or similar plan in a jurisdiction other than Ontario, or which would have
been payable by such fund or plan had this change form not been in effect;
(e) the uninsured automobile coverage of a motor vehicle liability policy;
(f) an automobile accident benefits plan applicable in the jurisdiction in which the accident occurred;
(g) a law or policy of insurance providing disability benefits or loss of income benefits or medical expense
or rehabilitation benefits;
(h) any applicable Workers’ Compensation Act or similar law of the jurisdiction in which the accident
occurred;
(i) the family protection coverage of another motor vehicle liability policy.
8. If the insurer is presented with claims by more than one eligible claimant and the total amount payable to the
eligible claimants exceeds the limit of the insurer’s liability under sections 4 and 5 of this change form, the insurer
shall pay to each eligible claimant a pro rata portion of the amount otherwise payable to each eligible claimant;
and if payments are made to eligible claimants prior to the receipt of actual notice of any additional claim, the
limits in sections 4 and 5 shall be the amount calculated under those sections less the amounts paid to the prior
eligible claimants.
DETERMINATION OF THE AMOUNT RECOVERABLE
9. The amount that an eligible claimant is entitled to recover shall be determined in accordance with the procedures
set forth for determination of the issues of quantum and liability under Section 5 of the Policy "Uninsured
Automobile Coverage".
10. In determining the amount that an eligible claimant is entitled to recover from the inadequately insured motorist,
issues of quantum shall be decided in accordance with the law of Ontario, and issues of liability shall be decided
in accordance with the law of the place where the accident occurred.
11. In determining any amounts that an eligible claimant is entitled to recover, no amount shall be included with
respect to prejudgment interest which accumulated prior to notice as required by section 15 of this change form.
12. In determining any amount that an eligible claimant is entitled to recover, no amount shall be included with
respect to punitive, exemplary, aggravated or other damages awarded in whole or in part because of the conduct
of the inadequately insured motorist or the person jointly liable with him or her, unless these damages are for the
purpose of compensating the eligible claimant for losses actually incurred.
13. In determining any amounts an eligible claimant is entitled to recover from an inadequately insured motorist, no
amount shall be included with respect to costs.
14. For the purposes of this change form the findings of a court with respect to issues of quantum or liability are not
binding on the insurer unless the insurer was provided with a reasonable opportunity to participate in those
proceedings as a party.
PROCEDURES
15. The following requirements are conditions precedent to the liability of the insurer to an eligible claimant under
this change form:
(a) the eligible claimant shall promptly give written notice, with all available particulars, of any accident
involving injury to or death of an insured person and of any claim made on account of the accident;
(b) the eligible claimant shall, upon request, provide details of any policies of insurance other than life
insurance to which the eligible claimant may have recourse;
(c) the eligible claimant and the insured person shall submit to examination under oath, and shall
produce for examination at such reasonable place and time as is designated by the insurer or its
Page 3 of 4 (11/05)
representative, all relevant documents in their possession or control, and shall permit extracts and
copies of them to be made.
16. Where an eligible claimant commences a legal action for damages for bodily injury or death against any other
person owning or operating an automobile involved in the accident, a copy of the initiating process shall be
delivered or sent by registered mail immediately to the chief agent or head office of the insurer in Ontario together
with particulars of the insurance and loss.
17. Every action or proceeding against the insurer for recovery under this change form shall be commenced within
12 months of the date that the eligible claimant or his or her representative knew or ought to have known that
the quantum of claims with respect to an insured person exceeded the minimum limits for motor vehicle liability
insurance in the jurisdiction in which the accident occurred, but this requirement is not a bar to an action which
is commenced within 2 years of the date of the accident.
MULTIPLE COVERAGES
18. The following rules apply where an eligible claimant is entitled to payment under family protection coverage
under more than one policy:
(a) (i)
if he or she is an occupant of an automobile, such insurance on the automobile in which the eligible
claimant is an occupant is first loss insurance and any other such insurance is excess;
(ii) if he or she is not an occupant of an automobile, such insurance in any policy in the name of the
eligible claimant is first loss insurance and any other such insurance is excess.
(b) all applicable first loss family protection coverage shall be apportioned on a pro rata basis, but in no
event shall the aggregate payment under all such insurances exceed the highest limit of coverage
provided by any one of such first loss insurances,
(c) the applicable first loss insurance shall be exhausted before recourse is made to excess insurances,
(d) all applicable excess family protection coverage shall be similarly apportioned on a pro rata basis, but
in no event shall the aggregate payment under all such insurances exceed the highest limit of coverage
as defined in section 5 of this change form, which is provided by any one of such excess insurances.
ACCIDENTS IN THE PROVINCE OF QUEBEC
19. This change form does not apply to an accident occurring in the Province of Quebec for which compensation is
payable under the Automobile Insurance Act (Quebec) or under an agreement referred to in that Act.
SUBROGATION
20. Where a claim is made under this change form, the insurer is subrogated to the rights of the eligible claimant by
whom a claim is made, and may maintain an action in the name of that person against the inadequately insured
motorist and the persons referred to in section 7 of this change form.
ASSIGNMENT OF RIGHTS OF ACTION
21. Where a payment is made under this change form, the insurer is entitled to receive from the eligible claimant an
assignment of all rights of action, whether judgment is obtained or not, and the eligible claimant undertakes to
cooperate with the insurer, except in a pecuniary way, in the pursuit of any subrogated action or any right of
action so assigned.
MISCELLANEOUS
22. If more than one automobile is insured under this Policy, this change form shall apply only to the automobile(s)
described as automobile(s) number 1,2 in the schedule of automobiles attached to and forming part of this Policy,
or as stated in the Certificate of Automobile Insurance. If this change form is designated with respect to more
than one automobile, coverages shall be construed as if provided by separate policies of insurance with respect
to each automobile to which this change form applies, subject to the provisions of section 18 of this change form.
Except as otherwise provided in this change form, all limits, terms, conditions, provisions, definitions and
exclusions of the Policy shall have full force and effect.
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