ATVBC - Got Toys Insurance

SECTION A - THIRD PARTY LIABILITY

The Insurer shall not be liable under this section, (see pg2)

for any liability imposed by any workmen's compensation law upon any person insured by this section; or
for loss or damage resulting from bodily injury to or the death of any employee of any person insured by this section while engaged in the operation or repair of the vehicle; or
for loss of or damage to property carried in or upon the vehicle or to any property owned or rented by, or in the care, custody or control of any person insured by this section; or
for any amount in excess of the limit(s) stated in the application and expenditures provided for in the Additional Agreements of this section; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) relating to the nuclear energy hazard;
for bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acid, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants, or pollutants into or upon land, the atmosphere or any water of any description no matter where located or how contained, or into any watercourse, drainage or sewage system. This exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental, however is subject to a sub-limit of twenty-five thousand dollars ($25,000) for any such sudden and accidental discharge, dispersal, release or escape, regardless of the limit applicable to Section A and this amount shall be part of and not in addition to the Section A limit.
for any amount, except to the extent that insurance money otherwise payable for liability for loss or damage to persons or property under The Insurance Corporation of British Columbia, had this policy not been issued, does not constitute a complete indemnity to the insured for such liability, and in no event exceeding the limits stated in Section A of the Application.

UNINSURED AND UNIDENTIFIED OFF ROAD VEHICLE COVERAGE (see pg3)

3. Limits and Exclusions

The insurer is not liable under paragraph clause 2 of this Section

in any event to pay in respect of any one accident a total amount in excess of the minimum limit for a contract evidenced by a motor vehicle liability policy,
where an accident occurs in a jurisdiction other than British Columbia, to pay in respect of the accident a total amount in excess of
1. the minimum limit for motor vehicle liability insurance coverage in the other jurisdiction, or
2. the minimum limit referred to in paragraph (a), whichever is less, regardless of the number of persons sustaining bodily injury or dying.
to make any payment to a claimant who claims damages resulting from an accident that occurred in a jurisdiction in which the claimant may make a valid claim for payment of such damages from an unsatisfied judgment fund or similar fund,
to make any payment to a claimant who is legally entitled to recover a sum of money under the third party liability section of any motor vehicle liability policy,
to make any payment to a claimant who would otherwise be legally entitled to recover a sum of money under any contract of insurance as a result of the accident, other than money payable on death, that exceeds the sum that the person is legally entitled to recover under subsection 2 of this Section,
subject to paragraphs (a), (b) and (e), to pay a claimant with respect to any one accident a sum in excess of the difference between the sum that the claimant is legally entitled to recover as damages from the owner or driver of the off road vehicle and the sum that the claimant is otherwise legally entitled to recover under any valid contract of insurance, other than money payable on death, as a result of the accident,
to make any payment respecting bodily injury, death or damage caused directly or indirectly by radioactive material.

GENERAL PROVISIONS, DEFINITIONS AND EXCLUSIONS (see pg 9-11 for complete section in wording)

4. GARAGE PERSONNEL EXCLUDED

No person who is engaged in the business of selling, repairing, maintaining, storing, servicing or parking vehicles shall be entitled to indemnity or payment under this policy for any loss or damage, injury or death sustained while engaged in the use or operation of or while working upon the vehicle in the course of that business or while so engaged is an occupant of the described vehicle or a newly acquired vehicle as defined in this Policy, unless the person is the owner of such vehicle or his employee or partner.

7. WAR & TERRORISM EXCLUSION

This policy does not cover any accident or injury arising out of or in connection with any act of terrorism or war regardless of any other cause or event contributing concurrently or in any other sequence to the liability, loss, damage, cost or expense.
This policy also excludes from coverage all liability, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from, arising out of or in connection with any action taken in controlling, preventing, suppressing or retaliating against or responding to an act of terrorism and/or war as defined below.
For the purpose of this policy an act of war or terrorism means:
1. any civil war, rebellion , revolution, insurrection, civil commotion, invasion, acts of foreign enemies, the release of bio-chemical weapons,
2. hostilities or warlike operations (whether war is declared or not) by any government or sovereign,
3. the use of force or violence or the threat thereof by military personnel or other agents,
4. the commission or threat to commit a dangerous act, of any person or group(s) or government(s), committed for political, religious, ideological, social, economic or similar purposes including the intention to intimidate, coerce or overthrow a government (whether defacto or de jure) or to influence, affect or protest against any government and/or to put the civilian population, or any section of the civilian population, in fear.

9. EXCLUDED USES

Unless coverage is expressly given by an endorsement of this Policy, the Insurer shall not be liable under this Policy while:

the vehicle is rented or leased to another; provided that the use by an employee of his vehicle on the business of his employer and for which he is paid shall not be deemed the renting or leasing of the vehicle to another;
the vehicle is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto;
the vehicle is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire; provided that the following uses shall not be deemed to be the carrying of passengers for compensation or hire:
1. the use by the Insured of his vehicle for the carriage of another person in return for the former's carriage in the vehicle of the latter;
2. the occasional and infrequent use of the Insured of his vehicle for the carriage of another person who shares the cost of the trip;
3. the use by the Insured of his vehicle for the carriage of a temporary or permanent domestic servant of the Insured or his spouse;
4. the use by the Insured of his vehicle for the carriage of clients or customers or prospective clients or customers;
5. the occasional and infrequent use by the Insured of his vehicle for the transportation of children to or from activities conducted as part of an educational program.
in any extreme activity such as but not limited to "Mud Bog" or "Hill Climb" or wheel to wheel or track to track competition or practice for any race speed or timed event,
for business purposes other than ranching or farming,
where the vehicle is being operated on any Public Highway or roadway,
the operator or any passenger is not wearing a CSA, ULA, SNELL or other similarly approved helmet,
the vehicle is carrying more than an operator and one passenger except where rated and designed to carry more by the manufacturer,
vehicle is being used for purposes for which the vehicle was not intended as specified by the vehicle manufacturer.

SECTION B - PERSONAL ACCIDENT

EXCLUSIONS (see pg 6)

This Insurance does not cover death or disability in any way caused or contributed to by:

sickness or disease (except bacterial infection arising from Bodily Injury) or mental infirmity or emotional or psychological trauma;
war, whether declared or not, hostilities or any act of war or civil war;
radioactive contamination;
your taking part in Armed Forces service or operations;
your riding or driving in any kind of race or competitive event or practice;
your engaging in flying of any kind other than as a passenger;
your suicide, self-destruction, attempted suicide or self destruction, or intentionally self-inflicted injury, while sane or insane;
a. any drug taken, administered or injected, except on the advice of or as directed by a Licensed Physician;

b. any alcoholic beverage consumed by you to the level of intoxication;

c. any poison, chemical compound, gas or fumes voluntarily taken, administered, absorbed or inhaled;
your committing or attempting to commit a criminal act;
your voluntary exposure to unnecessary danger (except in an attempt to save human life);
Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this syndrome has been acquired or may be named.

GENERAL PROVISIONS, DEFINITIONS AND EXCLUSIONS (see pg 9-11 for complete section in wording)

4. GARAGE PERSONNEL EXCLUDED

7. WAR & TERRORISM EXCLUSION

This policy does not cover any accident or injury arising out of or in connection with any act of terrorism or war regardless of any other cause or event contributing concurrently or in any other sequence to the liability, loss, damage, cost or expense.
This policy also excludes from coverage all liability, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from, arising out of or in connection with any action taken in controlling, preventing, suppressing or retaliating against or responding to an act of terrorism and/or war as defined below.
For the purpose of this policy an act of war or terrorism means:
1. any civil war, rebellion , revolution, insurrection, civil commotion, invasion, acts of foreign enemies, the release of bio-chemical weapons,
2. hostilities or warlike operations (whether war is declared or not) by any government or sovereign,
3. the use of force or violence or the threat thereof by military personnel or other agents,
4. the commission or threat to commit a dangerous act, of any person or group(s) or government(s), committed for political, religious, ideological, social, economic or similar purposes including the intention to intimidate, coerce or overthrow a government (whether defacto or de jure) or to influence, affect or protest against any government and/or to put the civilian population, or any section of the civilian population, in fear.

9. EXCLUDED USES

Unless coverage is expressly given by an endorsement of this Policy, the Insurer shall not be liable under this Policy while:

the vehicle is rented or leased to another; provided that the use by an employee of his vehicle on the business of his employer and for which he is paid shall not be deemed the renting or leasing of the vehicle to another;
the vehicle is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto;
the vehicle is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire; provided that the following uses shall not be deemed to be the carrying of passengers for compensation or hire:
1. the use by the Insured of his vehicle for the carriage of another person in return for the former's carriage in the vehicle of the latter;
2. the occasional and infrequent use of the Insured of his vehicle for the carriage of another person who shares the cost of the trip;
3. the use by the Insured of his vehicle for the carriage of a temporary or permanent domestic servant of the Insured or his spouse;
4. the use by the Insured of his vehicle for the carriage of clients or customers or prospective clients or customers;
5. the occasional and infrequent use by the Insured of his vehicle for the transportation of children to or from activities conducted as part of an educational program.
in any extreme activity such as but not limited to "Mud Bog" or "Hill Climb" or wheel to wheel or track to track competition or practice for any race speed or timed event,
for business purposes other than ranching or farming,
where the vehicle is being operated on any Public Highway or roadway,
the operator or any passenger is not wearing a CSA, ULA, SNELL or other similarly approved helmet,
the vehicle is carrying more than an operator and one passenger except where rated and designed to carry more by the manufacturer,
vehicle is being used for purposes for which the vehicle was not intended as specified by the vehicle manufacturer.

SECTION C - LOSS OF OR DAMAGE TO INSURED OFF ROAD VEHICLE

EXCLUSIONS (see pg 8)

The Insurer shall not be liable,

under any subsection of Section C for loss or damage
1. to tires or consisting of or caused by mechanical fracture or breakdown of any part of the vehicle or by rusting, corrosion, wear and tear, freezing, or explosion within the combustion chamber, unless the loss or damage is coincident with other loss or damage covered by such subsection or is caused by fire, theft or malicious mischief covered by such subsection; or
2. caused by the conversion, embezzlement, theft or secretion by any person in lawful possession of the vehicle under a mortgage, conditional sale, lease or other similar written agreement; or
3. caused by the voluntary parting with title or ownership, whether or not induced to do so by any fraudulent scheme, trick, device or false pretence; or
4. caused directly or indirectly by contamination by radioactive material; or
5. to contents of trailers or to rugs or robes; or
6. to removable electronic devices when they are detached there from; or
7. where the insured drives or operates the vehicle
  1. while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the vehicle; or
  2. while in a condition for which he or she is convicted of an offence under section 253 (a) (impaired driving) or section 253 (b) (breathalyser offence) or under or in connection with circumstances for which he or she is convicted of an offence under section 254 (5) (failure or refusal to provide breath or blood sample) of the Criminal Code (Canada); or
8. where the insured permits, suffers, allows or connives at the use of the vehicle by any person contrary to the provisions of g.;
under subsections 2 (Comprehensive) and 3 (Specified Perils) only, for loss or damage caused by theft by any person or persons residing in the same dwelling premises as the Insured, or by any employee of the Insured engaged in the operation, maintenance or repair of the insured vehicle whether the theft occurs during the hours of such service or employment or not.

GENERAL PROVISIONS, DEFINITIONS AND EXCLUSIONS (see pg 9-11 for complete section in wording)

4. GARAGE PERSONNEL EXCLUDED

7. WAR & TERRORISM EXCLUSION

This policy does not cover any accident or injury arising out of or in connection with any act of terrorism or war regardless of any other cause or event contributing concurrently or in any other sequence to the liability, loss, damage, cost or expense.
This policy also excludes from coverage all liability, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from, arising out of or in connection with any action taken in controlling, preventing, suppressing or retaliating against or responding to an act of terrorism and/or war as defined below.
For the purpose of this policy an act of war or terrorism means:
1. any civil war, rebellion , revolution, insurrection, civil commotion, invasion, acts of foreign enemies, the release of bio-chemical weapons,
2. hostilities or warlike operations (whether war is declared or not) by any government or sovereign,
3. the use of force or violence or the threat thereof by military personnel or other agents,
4. the commission or threat to commit a dangerous act, of any person or group(s) or government(s), committed for political, religious, ideological, social, economic or similar purposes including the intention to intimidate, coerce or overthrow a government (whether defacto or de jure) or to influence, affect or protest against any government and/or to put the civilian population, or any section of the civilian population, in fear.

9. EXCLUDED USES

Unless coverage is expressly given by an endorsement of this Policy, the Insurer shall not be liable under this Policy while:

the vehicle is rented or leased to another; provided that the use by an employee of his vehicle on the business of his employer and for which he is paid shall not be deemed the renting or leasing of the vehicle to another;
the vehicle is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto;
the vehicle is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire; provided that the following uses shall not be deemed to be the carrying of passengers for compensation or hire:
1. the use by the Insured of his vehicle for the carriage of another person in return for the former's carriage in the vehicle of the latter;
2. the occasional and infrequent use of the Insured of his vehicle for the carriage of another person who shares the cost of the trip;
3. the use by the Insured of his vehicle for the carriage of a temporary or permanent domestic servant of the Insured or his spouse;
4. the use by the Insured of his vehicle for the carriage of clients or customers or prospective clients or customers;
5. the occasional and infrequent use by the Insured of his vehicle for the transportation of children to or from activities conducted as part of an educational program.
in any extreme activity such as but not limited to "Mud Bog" or "Hill Climb" or wheel to wheel or track to track competition or practice for any race speed or timed event,
for business purposes other than ranching or farming,
where the vehicle is being operated on any Public Highway or roadway,
the operator or any passenger is not wearing a CSA, ULA, SNELL or other similarly approved helmet,
the vehicle is carrying more than an operator and one passenger except where rated and designed to carry more by the manufacturer,
vehicle is being used for purposes for which the vehicle was not intended as specified by the vehicle manufacturer.

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