Bill 29, Automobile Insurance Act, 1995

The purpose of the Bill is to provide for more equitable treatment by insurers of certain applicants for automobile insurance. If, for any reason, it appears that an applicant for insurance may only obtain it through the Facility Association established under the Compulsory Automobile Insurance Act, the applicant may ask the Ontario Insurance Commission to review the matter.

1. In this Act, "agent", "automobile insurance" and "insurer" have the same meanings as in the Compulsory Automobile Insurance Act and "insurance risk points" refers to risk points under the by-laws of the Facility Association established under that Act.

2. (1) If, for any reason, there has been an interruption of automobile insurance coverage for a person at any time during the 24 month period immediately prior to the person re-applying for or otherwise being re-considered for such coverage, it shall be conclusively presumed that the applicant is not a greater insurance risk than he or she was on the day before the interruption began, no matter how long the interruption lasted.

(2) A person referred to in subsection (1) shall not be assessed insurance risk points on account of such an interruption of coverage for the purpose of determining eligibility for automobile insurance through the Facility Association.

3. (1) No insurer shall, for the purpose of assessing the insurance risk represented by an applicant for automobile insurance who has never been insured in his or her own name, consider the applicant as if he or she were an applicant without any driving experience if the applicant has been an occasional driver under the automobile insurance policy of another person.

(2) An insurer who is considering an applicant referred to in subsection (1) for automobile insurance shall take into account, in assessing the insurance risk represented by the applicant, the length of time during which he or she was an occasional driver under another person's automobile insurance policy, as well as the applicant's actual driving experience during that time.

4. (1) If an applicant for automobile insurance is informed by or on behalf of an insurer that the applicant may obtain such insurance only through the Facility Association because of an accumulation of insurance risk points or any other reason, the applicant may request the Ontario Insurance Commission to review such a decision, and the Commission may, if it considers itappropriate to do so, vary or rescind the decision.

(2) The Commission's decision on a review under subsection (1) is final and binding.

5. (1) Every insurer who contravenes a provision of this Act is guilty of an offence and on conviction is liable,

(2) Every director, officer or chief agent of an insurer is guilty of an offence who,

(3) On conviction for an offence under subsection (2), the person convicted is liable on a first conviction to a fine of not more than $100,000 and on a subsequent conviction to a fine of not more than $200,000.

(4) Subsection (3) applies whether or not the insurer has been prosecuted for or convicted of an offence under subsection (1).

6. This Act comes into force on the day it receives Royal Assent.

7. The short title of this Act is the Automobile Insurance Act,1995.