Automobile Insurance Coverage Regulation

Automobile Insurance Coverage Regulation, M.R. 290/88 R The Manitoba Public Insurance Corporation Act , C.C.S.M. c. P215 Regulation 290/88 R Registered August 9, 1988 bilingual version (HTML) Table of Contents Section PART I GENERAL PROVISIONS 1 Definitions and interpretation 2 Applicable Highway Traffic Act definitions 3 Application 3.1 Certain plans conditional on payment of debt to corporation PART II ACCIDENT INSURANCE BENEFITS DIVISION I — DEFINITIONS AND APPLICATION 4 Definitions 4.1 Application of Part II DIVISION II — COVERAGE 5 Perils — every person 6 Repealed 7 Coverage — outside Manitoba 8 Coverage — Province of Quebec DIVISION III — MEDICAL EXPENSES 9 Medical or rehabilitation benefits DIVISION IV — FUNERAL EXPENSES 10 $2,500 for funeral expenses DIVISION V — DEATH BENEFITS 11 Death benefits for dependants and other persons DIVISION VI — DISABILITY — WEEKLY INDEMNITY 12 Totally disabled insured who is not a homemaker 13 Partially disabled insured who was employed 14 Disabled homemaker 15 No indemnity for first week 16 Infants and persons physically or mentally infirm 17 Transition from total to partial disability 18 Commutation 19 Treatment to reduce disability DIVISION VII IMPAIRMENT BENEFITS 20 Benefits payable 21-22 Time within which impairment occurs 23-24 $20,000 for permanent total incapacity in respect of earning power DIVISION VIII — GENERAL PROVISIONS 25 Examination by corporation's physician 26 No reduction of death benefit by reason of indemnity payment 27 No reduction of total impairment benefit for payments of indemnity benefits 28 Death benefit reduced by amount paid for impairment 29 Payment to committee or substitute decision maker 30 Payment to insured 31 No impairment or indemnity benefits after death 32 No waiver 33 No benefits to certain persons 34 Worker's compensation 35 Unemployment insurance 36 Policy conditions 37 Proof of interest and claim 38 Notice and proof of claims 39 Onus of proof as to statements 40 Benefits not affected by other insurance 41 Aggregate indemnity not to exceed average income 42 Proof of claim 43 Corporation's right to examination and autopsy 44 Payment of benefits 45 Waiver of condition 46 Time limit on claim 47 Clinical hernia PART III ALL PERILS INSURANCE DIVISION I COVERAGE 48 Definitions 49 Coverage 50 Perils covered 51 Deductible 52 Where no liability 53 Motorcycles, mopeds and vehicles with repairer's plates DIVISION II — CONDITIONS OF COVERAGE 54 Coverage subject to following conditions 55 Giving of notice 56 Driving limitations 57 Operating contrary to certain Acts 57.1 No operating contrary to certain by-laws 58 Contrary to declaration of use 59 Acts of war 59.1 Obligation of vehicle owner to protect from rodents 60 Reporting 60.1 Corporation may provide information 61 Requirements upon occurrence of loss 62 Loss not recoverable 63 Repairs 64 Waiver of declaration 65 Examination under oath 66 Insurance money not more than actual value of property 67 Corporation may repair, replace, or rebuild 68 Abandonment without consent 69 Payment of loss to insured and others 70 Settlement of dispute as to quantum or adequacy of repairs 71 No waiver 72 Inspection 73 Other insurance of the same interest 74 Private extension insurance 75 Time of payment 76 No notice or statutory declaration by insured PART IV PUBLIC LIABILITY AND PROPERTY DAMAGE DIVISION I — DEFINITIONS AND APPLICATION 77 Definitions 77.1 Application of Part IV DIVISION II — COVERAGE 78 Coverage 79 Where no coverage provided 80 Limit of coverage 81 Priorities 82 Liability in respect of trailers attached to vehicles 83 Duties of corporation 84 Indemnity insurance DIVISION III — CONDITIONS OF LIABILITY 85 Conditions of coverage 86 Giving of notice 87 Driving limitations 88 Insured must not permit others to breach limitations 89 Operating contrary to certain Acts 89.1 No operating contrary to certain by-laws 90 Contrary to declaration of use 91 Requirements where coverage might be asserted 92 Insured to cooperate etc. 93 No waiver 94 Inspection 95 Action against the corporation DIVISION IV — DAMAGE WHERE DRIVER'S IDENTITY UNASCERTAINABLE 96 Application to judge 97 Order of judge 98 No action unless notice within 14 days 99 Rights of corporation to settle 100 Limit of liability $500,000 101 Corporation's right of recovery DIVISION V — DAMAGE BY UNINSURED VEHICLE 102 Application for payment by corporation where damage caused by uninsured vehicle 103 Notice to uninsured owner and driver 104 When payment may be made 105 Subrogation DIVISION VI — JUDGMENT PAYABLE BY THE CORPORATION 106 Claim payable upon judgment 107 Corporation may dispute liability to pay 108 Contents of notice 109 Action to be brought against all persons 110 Consent otherwise given 111 Assignment DIVISION VII — PAYMENT BY THE CORPORATION UNDER DIVISIONS IV, V AND VI 112 No reimbursement to other insurer 113 Worker's Compensation benefits 114 Worker's Compensation Board 115 Medical and hospital costs 116 Coverage excluded 117 Limit of liability 118 Reduction of amount payable 119 Recovery of over-payment 120 Costs 121 Unreasonable delay or refusal to pay DIVISION VIII — GENERAL PROVISIONS 122 Residence 123 Rights of corporation to act for insured and to reimbursement 124 Foreign financial responsibility requirements 125 Other insurance 126 Excess coverage PART V OPTIONAL EXTENSION COVERAGE DIVISION I DEFINITIONS AND INTERPRETATION 127 Definitions and interpretation DIVISION II — COVERAGE 128 Classes of extension insurance 128.1 Class 6 extension insurance 128.2 Rider protective clothing 129 Terms and conditions of Part IV applicable to increased PL and PD limit 130 Terms and conditions of Part III applicable to reduced deductible extension 131 Increased public liability and property damage 132 Reduced deductible and comprehensive 133 Meaning of expressions in applications and certificates 133.1 Limitation re temporary registration permits 133.2 Interpretation: class 6 coverage 134 Liability not to exceed $5,000,000 134.1 Liability not to exceed $5,000,000 (class 6 coverage) 135 Other drivers of vehicle 136 Class and coverage specified PART VI EXCESS VALUE COVERAGE 137 Excess value coverage 138 Coverage limited to actual cash value 139 Evidence of excess value coverage PART VII UNDERINSURED MOTORIST COVERAGE 140 Definitions 140.1 Application of Part VII 141 Coverage 142 Reduction of amount payable under this Part 143 No payment under this Part 144 Amount recoverable by claimant 145 Total amount payable to claimants 146-151 No liability of corporation PART VIII COMPULSORY UNDERINSURED MOTORIST COVERAGE 151.1 Application of Part VIII 152 Coverage 153 Total amount payable to claimants 154 Terms and conditions of Part VII applicable to compulsory underinsured motorist coverage PART IX AUTO LOSS OF USE EXTENSION INSURANCE DIVISION I — DEFINITIONS AND INTERPRETATION 155 Definitions and interpretation DIVISION II — COVERAGE 156 Auto loss of use coverage 157 Limits 157.01 Repealed 157.1 Repealed 158 Reimbursement 159 Excess coverage 160 Separate claims 161 Repealed DIVISION III — CONDITIONS OF COVERAGE 162 Coverage is subject to the following conditions 163 Reporting 164 Requirements upon occurrence of loss 165 Waiver of declaration 166 Examination under oath 167 Other insurance of the same interest 168 Private extension insurance 169 Time of payment 170 No notice or statutory declaration by insured PART X OPTIONAL LAY-UP VEHICLE EXTENSION INSURANCE DIVISION I — COVERAGE 171 Definitions 172 Coverage 173 Perils covered — Comprehensive coverage 174 Deductible 175 Where no liability DIVISION II — CONDITIONS OF COVERAGE 176 Coverage subject to the following conditions 177 Giving of notice 178 Acts of war 178.1 Obligation of vehicle owner to protect from rodents 179 Reporting 180 Requirements upon occurrence of loss 181 Loss not recoverable 182 Repairs 183 Waiver of declaration 184 Examination under oath 185 Insurance money not more than actual value of property 186 Corporation may repair, replace, or rebuil 187 Abandonment without consent 188 Payment of loss to insured and others 189 Settlement of dispute as to quantum or adequacy of repairs 190 No waiver 191 Inspection 192 Other insurance of the same interest 193 Private extension insurance 194 Time of payment 195 No notice or statutory declaration by insured PART XI COMPREHENSIVE EXTENSION COVERAGE FOR MOTORCYCLES AND MOPEDS DIVISION I — DEFINITIONS AND INTERPRETATION 196 Definitions and interpretation DIVISION II — COVERAGE 197 Coverage 198 Perils covered 199 Deductible 200 Where no liability DIVISION III — CONDITIONS OF COVERAGE 201 Coverage subject to following conditions 202 Giving of notice 203 Driving limitations 204 Operating contrary to certain Acts 204.1 No operating contrary to certain by-laws 205 Excluded uses 206 Acts of war 206.1 Obligation of vehicle owner to protect from rodents 207 Reporting 207.1 Corporation may provide information 208 Requirements on occurrence of loss 209 Loss not recoverable 210 Repairs 211 Waiver of declaration 212 Examination under oath 213 Insurance money not more than actual value of property 214 Corporation may repair, replace, or rebuild 215 Abandonment without consent 216 Payment of loss to insured and others 217 Settlement of dispute as to quantum or adequacy of repairs 218 No waiver 219 Inspection 220 Other insurance of the same interest 221 Private extension insurance 222 Time of payment 223 No notice or statutory declaration by insured PART XII NEW AND LEASED VEHICLE PROTECTION EXTENSION INSURANCE DIVISION I — DEFINITIONS 224 Definitions DIVISION II COVERAGE 225 Coverage 226 Terms and conditions 227 Coverage limited to insurable value plus inflation allowance, if applicable 228 Separate claims DIVISION III — CONDITIONS OF COVERAGE 229 Coverage is subject to the following conditions 230 Reporting 231 Requirements upon occurrence of loss 232 Waiver of declaration 233 Examination under oath 234 Other insurance of the same interest 235 Private extension insurance 236 Time of payment 237 No notice or statutory declaration by insured 238 Payment of loss to insured PART XIII NON-OWNED VEHICLE EXTENSION INSURANCE DIVISION I — DEFINITIONS 239 Definitions DIVISION II — COVERAGE 240 Eligible policyholders 241 Coverage 242 Legal liability for damage to non-owned vehicle 243 Lessee loss of use coverage 244 Lessor loss of use coverage 245 Separate claims 246 Third party liability coverage DIVISION III — CONDITIONS OF COVERAGE 247 Conditions of coverage 248 Giving of notice 249 Driving limitations 250 Excluded uses 251 Requirements where coverage might be asserted 252 Insured to cooperate etc. 253 Reports 253.1 Corporation may provide information 254 Requirements upon occurrence of loss 255 Loss not recoverable 256 Repairs 257 Waiver of declaration 258 Examination under oath 259 Insurance money not more than actual value of property 260 Corporation may repair, replace or rebuild 261 Abandonment without consent 262 Payment of loss to policyholder and others 263 Settlement of dispute as to quantum or adequacy of repairs 264 No waiver 265 Inspection 266 Time of payment 267 No notice or statutory declaration by insured 268 Action against the corporation DIVISION IV — GENERAL PROVISIONS 269 Non-owned vehicle policy effective and expiry date based on local time 270 Notice 271 Multiple non-owned vehicles PART XIV TRANSITIONAL 272-274 Repealed 275 Transitional — annual policies, short-term policies and temporary registration permits 276 Transitional — multi-year policies 277 Transitional — annual policies, short-term policies and temporary registration permits 278 Transitional — multi-year policies 279 Transitional — default extension coverage if no application made Schedule A Impairment Benefits B Deductibles PART I GENERAL PROVISIONS Interpretation 1(1) In this regulation, except as otherwise provided, "Act" means The Manitoba Public Insurance Corporation Act ; («  Loi  ») "antique vehicle" means an antique motor vehicle as defined in subsection 53(1) of The Drivers and Vehicles Act ; (« véhicule ancien ») "benefits" means any payment for loss in respect of death or bodily injuries, that the corporation is authorized or required to make under Part II of this regulation or Part 2 of the Act; (« prestations ») "commercial truck" means a commercial truck as defined in The Drivers and Vehicles Act ; (« véhicule commercial ») "dependent child" means (a) a child who is under the age of 18 years and who is dependent upon an insured, or (b) a person of 18 years of age or over, who, by reason of mental or physical infirmity, is unable to provide himself or herself with the necessaries of life, or (c) a person who is enrolled, and in full-time regular attendance, at a university, technical or professional training school, or other recognized institution of learning, and who is dependent upon an insured, and, in any such case, the child or person is a child of the insured, or a child to whom the insured stands in loco parentis; (« enfant à charge ») "insurance moneys" means any payment that the corporation is authorized or required to make under Part III, Part IV, Part VII, Part IX, Part X, Part XI, Part XII or Part XIII; (« sommes assurées ») "insured" means (a) a person to whom, or in respect of whom, or to whose dependants, benefits are payable if bodily injuries are sustained by him or her as a result of the perils referred to in Part II of this regulation and Part 2 of the Act, whether or not he or she is named in a certificate, or (b) a person to whom insurance moneys are payable, if loss or damage to a vehicle results from one of the perils set out in Part III, Part IX, Part X or Part XI, or (c) a person to whom, or on whose behalf, insurance moneys are payable, if bodily injury to, or the death of, another, or damage to property, for which he or she is legally liable, results from one of the perils referred to in Part IV, whether or not he or she is named in a certificate; (« assuré ») "passenger vehicle" means a motor vehicle designed or adapted primarily for the transportation of passengers, but excludes (a) a bus that is not used solely for personal transportation, and (b) a motorcycle or moped; (« véhicule de tourisme » ou « voiture de tourisme ») "truck" means a motor vehicle designed or adapted primarily for the transportation of cargo or property; (« camion ») "truck tractor" means a truck designed primarily for towing a semi-trailer connected by means of a fifth-wheel coupler, and not constructed for carrying any load other than part of the weight of the trailer; (« véhicule tracteur ») "universal compulsory automobile insurance" means insurance provided under Parts II, III and IV or under Part 2 of the Act; (« régime universel obligatoire d'assurance-automobile ») "vehicle for hire" means a vehicle for hire as defined in section 2 of The Local Vehicles for Hire Act , and includes the following, as defined in the Automobile Insurance Plan Regulation , Manitoba Regulation 49/2019: (a) an accessible vehicle for hire, (b) a limousine vehicle for hire, (c) a passenger vehicle for hire (passenger vehicle), (d) a passenger vehicle for hire (truck with 4,499 or less GVW), (e) a taxicab vehicle for hire; (« véhicule avec chauffeur ») "vehicle for hire by-law" means a vehicle for hire by-law as defined in section 2 of The Local Vehicles for Hire Act . (« règlement sur les véhicules avec chauffeur ») 1(2) In this regulation, the following expressions, namely: (a) all purpose truck; (b) [repealed] M.R. 50/2019 ; (b.1) collector passenger vehicle; (b.2) [repealed] M.R. 50/2019 ; (b.3) collector truck; (b.4) [repealed] M.R. 50/2019 ; (c) [repealed] M.R. 140/2000 ; (d) off-road vehicle; (e) pleasure truck; (f) [repealed] M.R. 50/2019 ; (g) private passenger vehicle; (h) state; (i) [repealed] M.R. 50/2019 ; have the meanings given to them, respectively, in the Automobile Insurance Plan Regulation . M.R. 50/89; 38/90; 35/91; 27/92; 15/93; 43/94; 191/94; 25/95; 90/95; 22/96; 39/97; 22/98; 185/98; 140/2000 ; 39/2003 ; 96/2003 ; 36/2006 ; 41/2014 ; 19/2018 ; 41/2019 ; 50/2019 ; 37/2020 Applicable Highway Traffic Act definitions 2 In this regulation, the following expressions have the meanings given to them in The Highway Traffic Act : (a) bus; (b) farm truck; (c) moped; (d) motorcycle; (e) motor home; (f) trailer. M.R. 140/2000 ; 36/2006 ; 41/2019 Applicable provisions of Insurance Act 3(1) The following provisions of The Insurance Act apply to universal compulsory automobile insurance, and to the corporation in respect of universal compulsory automobile insurance, namely: (a) Section 118; (b) Section 128; (c) Section 129; (d) Section 132; (e) Section 236; (f) Subsection 239(3); (g) Section 248; (h) Subsection 249(1); (i) Section 255; (j) Section 256; (k) Subsection 272(1). Authority of corporation to insure 3(2) Subject to subsections (3) and (4), the corporation may engage in, and carry on the activity of, automobile insurance, as "automobile insurance" is from time to time defined in The Insurance Act . Certain provisions of Insurance Act inapplicable in certain cases 3(3) For the purpose of engaging in, and carrying on the activity of, automobile insurance under Part 3, Division 4 of the Automobile Insurance Plan Regulation , and Parts V, VI, IX, X, XI, XII and XIII of this regulation, the following provisions of The Insurance Act do not apply, either to the corporation, or to that activity, namely: (a) Parts I, II, IV, V, VI, XV and XVI (all inclusive); (b) Subsections 119(1) and (2); (c) Subsection 120(1); (d) Section 121; (e) Subsections 124(1) and (2); (f) Section 125; (g) Section 126; (h) Section 130; (i) Section 131; (j) Sections 133 to 136 (both inclusive); (k) Section 233; (l) Sections 235 to 238 (both inclusive); (m) Subsections 239(1) and (2); (n) Sections 240 to 247 (both inclusive); (o) Subsections 249(1), (2) and (3); (p) Section 250; (q) Sections 257 to 271 (both inclusive). Further inapplicable provisions of Insurance Act in certain cases 3(4) For the purpose of engaging in, and carrying on the activity of, automobile insurance, other than under the terms and conditions set out in Part 3, Division 4 of the Automobile Insurance Plan Regulation , and Parts V, VI, IX, X, XI, XII and XIII of this regulation, the following provisions of The Insurance Act do not apply either to the corporation, or to that activity: (a) Parts I, II, IV, V, VI, and XV (all inclusive); (b) Subsections 119(1) and (2); (c) Subsections 124(1) and (2); (d) Section 126; (e) Section 130; (f) Section 133; (g) Section 135; (h) Subsections 249(1), (2) and (3); (i) Section 257. M.R. 140/2000 ; 96/2003 ; 17/2011 ; 50/2019 ; 37/2020 Certain plans conditional on payment of debt to corporation 3.1(1) Without limiting the application of any other provision of this regulation, (a) it is a condition of any plan of universal compulsory automobile insurance or extension insurance established by any of Parts III to XIII of this regulation that the insured (within the meaning of the Part) must pay, when due, any debt the insured owes the corporation or any other money payable to the corporation by the insured; and (b) the corporation may do any of the following in respect of a person who is in arrears in paying a debt mentioned in clause (a) or who fails to pay other money mentioned in that clause: (i) suspend or cancel the person's driver's certificate, owner's certificate or other certificate, (ii) refuse to issue a driver's certificate, owner's certificate or other certificate to the person, (iii) refuse to accept payment from the person of the annual premium for an annual rating term of a policy even though the refusal may lead to the suspension or cancellation of the policy. 3.1(2) When the corporation suspends or cancels a certificate as permitted by subclause (1)⁠(b)⁠(i), the corporation must, without delay after the suspension or cancellation, give written notice of it to the insured. 3.1(3) The notice referred to in subsection (2) must be given by mailing or delivering it to the insured's last known address as shown in the corporation's records, using a mail or delivery service that provides the corporation with an acknowledgment of receipt. 3.1(4) Evidence that a notice was mailed or delivered in accordance with subsection (3) and that the corporation received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the insured. M.R. 69/2016 PART II ACCIDENT INSURANCE BENEFITS DIVISION I DEFINITIONS AND APPLICATION Definitions 4 In this Part, "accident" means an unplanned, unintended event that occurs suddenly, unexpectedly, and without actual premeditation upon the part of an insured, but excludes suicide or any attempt at suicide by an insured while sane or insane; (« accident ») "dependent parent" means a parent of an insured who is unable to provide himself or herself with the necessaries of life without the assistance of the insured; (« parent à charge ») "homemaker" means a husband or wife or a widow or a widower who manages and controls an independent domestic establishment for one or more persons other than himself or herself, and who does not either (a) engage in a definite or regular occupation for wages or profit, or (b) report regularly for, or engage regularly in, employment at a place outside his or her residence; (« personne au foyer ») "husband" means a lawfully married male person or a male person who being unmarried at the time of an accident for which coverage is provided under this part (a) has lived and cohabited in the same dwelling with one woman continuously for a period of not less than 5 years immediately preceding that accident, or (b) has lived and cohabited in the same dwelling with one woman for a period of not less than one year immediately preceding that accident and there is a child of the union, or (c) was receiving maintenance pursuant to a written agreement or a court order; (« mari ») "indemnity" means periodic payments to which an insured may become entitled during any period of total disability or partial disability, arising out of injury occasioned by an accident in respect of which coverage is provided under this Part; (« indemnité ») "insured" means a person, whether named in a certificate or not, to or in respect of whom, or to whose dependants, benefits are payable, if bodily injuries are sustained by him or her, or if he or she suffers loss of life as a result of an accident for which coverage is provided under section 5; (« assuré ») "impairment" means a permanent loss of a bodily function whether total or partial; (« incapacité ») "partially disabled" means a condition of mind or body that renders an insured entirely and continuously incapable of performing one or more of the essential daily duties pertaining to any occupation or employment for wages or profit to which the insured is reasonably suited, having regard to his or her skill and ability, and that gives rise to a claim for indemnity benefits under Division VI; (« invalidité partielle ») "primary dependant" means (a) the surviving wife or husband of an insured who died as a result of injuries sustained in an accident arising out of one of the perils referred to in Division II, provided that, where a husband and wife were living separate and apart pursuant to a written separation agreement or order of a court of competent jurisdiction, the survivor shall not qualify as a primary dependant unless the written separation agreement or court order provided for payment of maintenance or alimony to the survivor by the insured during his or her lifetime, or (b) the dependant child or children of a deceased insured, if the wife or husband of the insured predeceases the insured, or is for any other reason prevented from qualifying as a primary dependant under clause (a), or (c) the dependant parent or dependant parents of an insured, if the insured is not survived by any persons qualifying as primary dependants under clause (a) or (b); (« personne à charge privilégiée ») "rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his or her injuries, is, with medical and vocational assistance, reasonably achievable by him or her; (« réadaptation ») "resident of Manitoba" means any person (a) who is authorized by law to be or to remain in Canada and is living and ordinarily present in Manitoba, and (b) who meets the criteria established in sections 2 to 8 of Quebec Regulation O.C. 374-78 made under The Automobile Insurance Act (Quebec) which apply with necessary modifications, but does not include a person (c) who is merely touring, passing through or visiting Manitoba, or (d) who is, at the time of an accident in Quebec, the owner or driver of, or a passenger in a motor vehicle registered in Quebec; (« résident du Manitoba ») "resident of Quebec" means a person who is a "resident" as defined in The Automobile Insurance Act (Quebec) and the Regulations made thereunder; (« résident du Québec ») "secondary dependant" includes any dependent child or dependent parent of an insured who is not a primary dependant; (« personne à charge ordinaire ») "totally disabled" means a condition of mind or body that renders an insured entirely and continuously incapable of engaging for wages or profit in any occupation or employment for which the insured is reasonably suited having regard to his or her skill and ability, and which condition gives rise to a claim for indemnity payments under Division VI; (« invalidité totale ») "wife" means a lawfully married female person or a female person who being unmarried at the time of an accident for which coverage is provided under this part (a) has lived and cohabited in the same dwelling with one man continuously for a period of not less than 5 years immediately preceding that accident, or (b) has lived and cohabited in the same dwelling with one man for a period of not less than one year immediately preceding that accident and there is a child of the union, or (c) was receiving maintenance pursuant to a written agreement or a court order. (« épouse ») M.R. 38/90 Application of Part II 4.1 Notwithstanding this regulation and the Automobile Insurance Plan Regulation , this Part does not apply to a bodily injury or death that occurs on or after March 1, 1994 and for which benefits are payable under Part 2 of the Act. M.R. 43/94; 37/2020 DIVISION II COVERAGE Perils — every person 5(1) Subject to the Act and this regulation, coverage is hereby provided to every person for loss resulting from bodily injuries or death, suffered or sustained by that person directly, and independently of all other causes, through accident, which occurs in Manitoba, if the bodily injuries or death are suffered or sustained as a result of (a) driving, riding in or on, or operating, a moving motor vehicle, trailer, or semi-trailer; (b) collision with, or being struck down or run over by, a moving motor vehicle, trailer, or semi-trailer; or (c) entering, getting onto, or alighting from, a motor vehicle. 5(2) The word "moving" in subsection (1), excludes any movement of a vehicle that is caused solely by cranking or repair of the vehicle, but for the purpose of that subsection, "moving" includes the occurrence of motion by a motor vehicle while it is being towed or pushed by another vehicle. 6 [Repealed] M.R. 38/90 Coverage — outside Manitoba 7 Subject to the Act and this regulation, the coverage provided in subsection 5(1) is hereby extended (a) to a person who is named in a valid and subsisting driver's certificate, and to any occupant of a motor vehicle who is a resident of Manitoba, while the person named in such a driver's certificate operates the motor vehicle, whether or not the vehicle is designated in an owner's certificate; and (b) to a person, other than a resident of Quebec who is an occupant of a motor vehicle while that vehicle, being a vehicle that is designated in a valid and subsisting owner's certificate, is operated by any person who is qualified and authorized by law to operate it, and does so operate it with the consent of the person designated in that owner's certificate; beyond the boundaries of Manitoba, but within the United States of America or within any province or territory of Canada excluding the Province of Quebec. Coverage — Province of Quebec 8(1) Notwithstanding any other provision in this regulation where through accident which occurs in the Province of Quebec bodily injury is suffered (a) by a person who is named in a valid and subsisting driver's certificate and by any occupant of a motor vehicle who is a resident of Manitoba while the person named in such driver's certificate operates a motor vehicle other than a motor vehicle registered in Quebec; or (b) by any resident of Manitoba who is an occupant of a motor vehicle that is designated in a valid and subsisting owner's certificate; the corporation shall make payments for such bodily injury in the same amount and form and subject to the same conditions as if that person were a resident of Quebec as defined in The Automobile Insurance Act (Quebec) and the Regulations made under that Act and entitled to payment under that Act and those Regulations. 8(2) The word "accident" in subsection (1) means an event occurring in Quebec resulting in damage caused by a motor vehicle or by the use of a motor vehicle or by the load of a motor vehicle including damage caused by a trailer or semi-trailer. 8(3) The words "bodily injury" in subsection (1) mean physical, psychological, or mental injury including death, as well as damage to the clothing worn by the victim at the time of the accident. DIVISION III MEDICAL EXPENSES Medical or rehabilitation benefits 9(1) Subject to section 25, where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to subsections (5) and (6), pay as benefits all expenses incurred by the insured as a result of the injury for medical, surgical, dental, hospital, ambulance or professional nursing services, or for physiotherapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis, or optical appliances that, in the opinion of the attending medical consultant, are necessary for the treatment of those injuries, where such expenses are not otherwise payable through, or on behalf of an insured under any compulsory health insurance scheme. 9(2) Where, in the opinion of the corporation's medical adviser, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is seriously or catastrophically injured in an accident for which benefits are provided under this Part, the corporation may, in its sole and absolute discretion, provide any one or more of the following: (a) funds to the insured once during the lifetime of the insured for the acquisition by the insured of one motor vehicle equipped as necessary and appropriate to its use or operation by the insured, the choice of make or model of vehicle to be in the sole and absolute discretion of the corporation; (b) funds to the insured once during the lifetime of the insured for alterations to the insured's residence that are necessary to make the residence accessible to and usable by the insured, the style and cost of the alterations to be in the sole and absolute discretion of the corporation and the alterations to be limited to necessary ramps, a necessary lift, necessary bathroom alterations and, where the insured is a homemaker or a person who lives alone, necessary kitchen alterations; (c) reimbursement to the insured for the costs of attendant care, other than care provided by a member of the insured's family, where the insured has returned to and is residing in the community but is not capable of performing some of all of the tasks necessary to sustain an independent lifestyle, the amount of the reimbursement to be limited to the lesser of (i) the monthly cost of a group residence that would be appropriate to the needs and lifestyle of the insured, or (ii) the monthly cost of attendant care not exceeding 12 hours per day; (d) reimbursement to the insured for costs incurred from time to time by the insured for one or more of the following items; (i) a wheelchair with required attachments; (ii) a medically prescribed bed with required equipment; (iii) bowel and bladder equipment; (iv) grooming and hygiene aids; (v) transfer boards or lift; (vi) eating aids; (vii) communication aids; (viii) dressing aids; (ix) respirator equipment; (e) funds to the insured for vocational or other training that (i) is consistent with the insured's pre-injury occupation and his or her post-injury skills and abilities, and (ii) may return the insured as nearly as practicable to his or her pre-injury status or improve the post-injury earning capacity and level of independence of the insured; (f) funds for any other costs the corporation in its sole and absolute discretion agrees to pay. 9(3) Before incurring an expense or obligation under subsection (2) for which the insured intends to request payment by the corporation, the insured shall obtain written approval from the corporation and the corporation may, before giving its approval require the insured to submit such information as it considers necessary to assist it in making a decision. 9(4) The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under clause (2)⁠(a) except in the course of an approved repair resulting from a subsequent claim for insured loss or damage to the vehicle. 9(5) The liability of the corporation under this section is limited to the amount of $100,000.00. 9(6) The corporation is not liable for any expenses payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or payable by another insurer. M.R. 38/90; 27/96 DIVISION IV FUNERAL EXPENSES $2,500 for funeral expenses 10 Where (a) an insured suffers the loss of his or her life by reason of an injury arising out of an accident for which coverage is provided under Division II, whether that loss of life is immediate or occurs subsequent to treatment; and (b) that loss of life is directly attributable to that injury, which is the primary cause thereof; the corporation shall pay to the executor, administrator, personal representative or other person liable for the costs of funeral and burial services for an insured, the actual costs of funeral and burial services up to a maximum of $2,500. DIVISION V DEATH BENEFITS $10,000 for primary dependant $2,000 for secondary dependant 11(1) Subject to the Act and this regulation, where an insured dies as a result of an accident for which coverage is provided under Division II, the corporation shall pay the amount of (a) $10,000 to the primary dependant; and (b) $2,000 to each of the secondary dependants. More than one primary dependant 11(2) Notwithstanding subsection (1), where more than one person is classed as a primary dependant, the total amount payable to those persons shall be calculated as though only one of them were a primary dependant and the remainder of that class were secondary dependants, but the total amount payable to all those persons shall be divided equally among them. Where no person qualified under subsection (1) 11(3) Subject to the Act and this regulation, where an insured dies as a result of an accident for which coverage is provided under Division II, and no person is entitled to claim benefits under subsection (1), the corporation shall pay (a) $4,000 for equal division among those persons, being sons or daughters 18 years of age or over, or parents, brothers, or sisters of the insured, for whom the necessaries of life were, at the time of the accident from which death results, wholly or partly provided by the insured by means of fixed and regular contributions; (b) if the insured was under the age of 18 years and no benefits are otherwise payable in respect of his or her death, to the parent or parents with whom the insured usually lived, $2,000; (c) if the insured was 18 years of age of or over and leaves no surviving wife or husband of a marriage subsisting at the time of his or her death, and no benefits are otherwise payable under this section in respect of his or her death, $2,000 to his or her surviving parents for equal division between them, or to the survivor of the parents if only one parent survives the insured. DIVISION VI DISABILITY — WEEKLY INDEMNITY Totally disabled insured who is not a homemaker 12(1) Subject to the Act and this regulation, where an insured other than a homemaker sustains bodily injuries arising out of an accident for which coverage is provided under Division II and which renders the insured totally disabled within 20 days of the date of the accident, (a) the corporation shall pay to the insured an indemnity of $175 per week for the duration of the period during which the insured remains totally disabled; but (b) where (i) at the time of the accident by reason of which injury occurred, or (ii) for any six months out of the 12-month period immediately preceding the date of the accident by reason of which injury occurred, the insured was actively engaged in an occupation or employment for wages or profit and 70% of his or her average gross weekly earnings from such occupation or employment exceeds $175 the corporation shall pay to the insured a weekly indemnity equivalent to 70% of his or her average gross weekly earnings to a maximum of $350 per week for the duration of the period during which the insured remains totally disabled; (c) where an insured entitled to an indemnity under clause (b) is self-employed or employed as a commissioned salesperson their entitlement to benefits shall be based on their average gross weekly earnings after deduction of business expenses excluding income tax; (d) for the purposes of this section average gross weekly earnings shall be calculated by dividing the insured's gross earnings in the 12 months immediately preceding the accident by 52. 12(2) Subject to clause (1)⁠(a) where an insured would otherwise be entitled to an indemnity under clause (1)⁠(b) is concurrently in receipt of wages or profit during the period of his or her total disability the weekly indemnity payable to that insured shall be reduced by the amount by which the aggregate of such wages or profit, calculated weekly, and the weekly indemnity otherwise payable under clause (1)⁠(b), exceeds 70% of his or her average gross weekly earnings. M.R. 38/90; 2/2025 Partially disabled insured who was employed 13 Where an insured, other than a homemaker, sustains bodily injuries arising out of an accident for which coverage is provided under Division II and which renders the insured partially disabled within 20 days of the date of the accident, and (a) at the time of the accident by reason of which injury occurred; or (b) for any six months out of the 12-month period immediately preceding the date of the accident by reason of which injury occurred; the insured was actively engaged in an occupation or employment for wages or profit, the corporation shall pay to the insured an indemnity of $75 per week for the period during which the insured remains partially disabled up to a maximum of 104 weeks. M.R. 38/90 Disabled homemaker 14(1) Where an insured, being a homemaker, sustains bodily injuries arising out of one of the perils specified in Division II, which render him or her totally and continuously incapable of performing any and all household duties, the corporation shall pay to the insured an indemnity of $175 per week for the duration of the total incapacity. 14(2) Where an insured, being a homemaker, sustains bodily injuries arising out of any of the perils specified in Division II, which render him or her entirely incapable of performing one, or more than one, of his or her essential daily household duties, the corporation shall pay to the insured an indemnity of $75 per week for the duration of the incapacity, up to a maximum period of 104 weeks. M.R. 38/90 No indemnity for first week 15 There shall be a period of seven days immediately following the commencement of a disability during which, and in respect of which, no indemnity is payable by the corporation under sections 12, 13 and 14. Infants and persons physically or mentally infirm 16(1) For the purpose of this Division, no infant is entitled to any weekly indemnity during his or her minority, and no person who, by reason of mental or physical infirmity, was unable to provide himself or herself with the necessaries of life prior to an accident for which coverage is otherwise provided under Division II, is entitled to any weekly indemnity for the duration of that infirmity, but (a) in the case of an infant, where, following his or her 18th birthday, it is shown that, by reason of an accident that occurred during his or her minority for which coverage would otherwise have been provided under Division II, the infant (i) is, and remains, incapable of engaging in any occupation for wages or profit, then the infant shall be deemed to be totally disabled from the date of his or her 18th birthday, (ii) is, and remains, physically or mentally handicapped to such an extent as actually to limit his or her ability to earn a livelihood, then the infant shall be deemed to be partially disabled from the date of his or her 18th birthday; (b) in the case of a person who was unable to provide himself or herself with the necessaries of life by reason of mental or physical infirmity prior to an accident for which coverage is provided under Division II, if it is shown that the person (i) would be completely or substantially cured of that pre-existing condition, but for the injuries sustained in the accident, and that he or she remains totally and continuously incapable of engaging in any occupation for wages or profit by reason of the injuries sustained in the accident, then the person shall be deemed to be totally disabled as of the date upon which the pre-existing condition would or could have been totally or substantially cured, (ii) has been substantially cured of that pre-existing condition, but remains totally and continuously incapable of engaging in any occupation for wages or profit by reason of the injuries sustained in the accident, then the person shall be deemed to be totally disabled as of the date that the pre-existing condition was cured, (iii) has been totally or partially cured of the pre-existing condition, but that by reason of mental or physical incapacity arising out of injuries sustained in the accident, his or her ability to earn a livelihood is actually limited, then the person shall be deemed to be partially disabled as of the date that the pre-existing condition was totally or partially cured. 16(2) Notwithstanding any provision in subsection (1), and in addition to any other benefits conferred hereby, any person who sustains injuries for which coverage is provided under Division II, and who, but for his or her infancy or mental or physical infirmity, would qualify to receive benefits under section 12 or 13, is entitled, (a) if totally disabled, to a weekly indemnity as follows: (i) an amount equal to his or her actual average gross weekly earnings from his or her occupation or employment if such actual earnings amount to $175 or less per week, or (ii) an amount of $175 if his or her average gross weekly earnings from his or her occupation or employment exceed $175, but 70% of such earnings amount to less than $175, or (iii) an amount equal to 70% of his or her average gross weekly earnings if the amount so computed exceeds $175, provided that where an insured is concurrently in receipt of wages or profit from his or her occupation or employment during the period of total disability, the weekly indemnity payable to that insured shall be reduced by the amount by which the aggregate of such wages or profit, calculated weekly, and the indemnity otherwise payable under this clause exceeds 70% of his or her average gross weekly earnings; but the amount payable by the corporation under this clause for the duration of the period the insured remains totally disabled shall in no event be less than $175 or greater than $350 per week; (b) if partially disabled, to a weekly indemnity equal to his or her actual loss of earnings up to a maximum of $75 per week for a maximum period of 104 weeks, or until the termination of his or her infancy or mental or physical infirmity, whichever period is the shorter. M.R. 38/90 Transition from total to partial disability 17 A person who has received an indemnity for total disability under section 12 or subsection 14(1) and subsequently ceases to be totally disabled, but remains partially disabled, may apply for, and receive, the indemnity payable to a person under section 13 or subsection 14(2), respectively, for the full period, from the date of transition in either case, for which a person would be otherwise entitled to indemnity thereunder. Commutation 18 The corporation, at any time after the occurrence of bodily injuries by reason of an accident arising out of one of the perils specified in Division II, may make a binding agreement with the insured for the commutation of such indemnity as may be payable to the insured under this Division, by way of lump sum settlement or otherwise; but such an agreement shall not be made by the corporation to the foreseeable detriment of the insured. Treatment to reduce disability 19(1) Where the corporation is informed, and has good reason to believe, that a person who is receiving benefits under this Division (a) could, by subjecting himself or herself to medical, surgical, or other similar treatment, partly or entirely relieve his or her disability; or (b) could, by undertaking or enrolling in a program or course for occupational rehabilitation or retraining, improve his or her earning capacity; the corporation may request the insured to subject himself or herself to such treatment, or undertake or enroll in such a program or course, at the cost of the corporation, and the corporation may cease to pay benefits under this Division if the insured refuses to undergo such treatment or to undertake or enroll in such a course; but (c) the corporation shall not cease the payment of benefits under this Division before giving the insured at least 120 days notice in writing by postage pre-paid mail that provides the sender with an acknowledgement of receipt; and (d) the insured may, within that period of 120 days, apply to a judge of the Court of King's Bench for an injunction against the cessation of benefits, upon the ground (i) that such treatment is not likely to improve the condition of the insured, (ii) that such treatment may be otherwise dangerous to the health of the insured, or (iii) that such a course would not in the circumstances improve the ability of the insured to earn a livelihood. 19(2) Where the court is satisfied that a treatment, program, or course referred to in subsection (1), should not be undertaken or required, it shall, by order, restrain the cessation of benefits.

19(3) The corporation may require a person who is receiving benefits under this Division to undergo an independent occupational or vocational assessment to be conducted by a consultant appointed by the corporation and the assessment shall be conducted at the expense of the corporation. M.R. 27/92; 26/2001 DIVISION VII IMPAIRMENT BENEFITS Benefits payable 20(1) Subject to the Act and this regulation, where an insured has sustained bodily injuries as the result of an accident arising out of one of the perils specified in Division II, and those injuries result in one or more of the impairments designated in Schedule A, the corporation shall pay benefits in respect of the impairment or impairments. 20(2) The amount payable under this Part for any item of impairment listed in Schedule A is that percentage of $20,000 that is equal to the percentage of impairment set out in Schedule A. 20(3) [Repealed] M.R. 27/92 M.R. 27/92 Time within which impairment occurs 21 No claim shall be made in respect of an impairment under this Division unless the impairment resulted from injury by reason of an accident arising out of one of the perils specified in Division II, within 90 days of the accident; but that period of 90 days may be extended for a period not exceeding one year from the time of the accident if, at the commencement of each 30-day period after the first 90 days have expired, or at such less frequent intervals as the corporation may require, a certificate is furnished by the attending physician stating that the insured is being treated for an injury that may eventually result in any of the impairments referred to in column 1 of Schedule A. 22 The corporation is not liable under this Division for any amount in excess of $20,000 in aggregate. M.R. 27/92 $20,000 for permanent total incapacity in respect of earning power 23 Subject to the fact that the corporation is not in any event liable to pay more than $20,000 under this Division, where an insured sustains bodily injuries arising out of one of the perils specified in Division II, which, within 90 days from the time of the accident, results in a loss of function of mind or body of the insured sufficiently extensive to render the insured permanently incapable of engaging in any occupation for wages or profit, the corporation shall pay to, or on behalf of, the insured the amount of $20,000; but that period of 90 days may be extended for a period not exceeding one year from the time of the accident if, at the commencement of each 30-day period after the first 90 days have expired, or at such less frequent intervals as the corporation may require, a certificate is furnished by the attending physician that the insured is being treated for an injury that may eventually result in the total incapacity described in this section. 24 Notwithstanding anything in this regulation, the corporation is not liable for any payment of benefits under this Division where an insured sustains bodily injuries as a result of an accident arising out of the perils specified in Division II and those injuries result in the death of the insured within 90 days of the date of the accident. DIVISION VIII GENERAL PROVISIONS Examination by corporation's physician 25(1) Where there is a disagreement between the insured and the corporation as to the existence, or the extent, of an impairment, or as to whether injuries sustained by the insured have resulted in a loss of function of mind or body sufficiently extensive to render the insured permanently incapable of engaging in any occupation for wages or profit, or where there is a dispute as to the existence or extent of disability for which indemnity is payable under Division VI, or where there is a dispute as to the entitlement to the payment of medical expenses under Division III, the insured shall, in addition to the requirements of sections 42 and 43 submit to whatever reasonable physical examination, by a duly qualified medical practitioner appointed by the corporation, the corporation may consider necessary; and no payment shall be made with respect to an impairment, or with respect to loss of function of mind or body sufficiently extensive to render an insured permanently incapable of engaging in any occupation for wages or profit, or with respect to an indemnity under this Part, or with respect to any medical expense claimed under Division III until such examination has been permitted. 25(2) Should disagreement persist, notwithstanding the insured's compliance with subsection (1), the insured may maintain an action against the corporation. M.R. 27/92 No reduction of death benefit by reason of indemnity payment 26 Should any benefits be paid to an insured as an indemnity in respect of disability under Division VI, prior to the death of the insured for which benefits are payable under Division V, the benefits payable under Division V, upon the death of the insured, shall not be reduced by reason of any prior payment of a benefit as an indemnity for disability under Division VI. No reduction of total impairment benefit for payments of indemnity benefits 27 Benefits payable by reason of impairment under Division VII shall not be reduced by reason of benefits payable as an indemnity for a disability under Division VI; nor shall payments for a disability under Division VI be reduced or affected by reason of benefits payable for an impairment under Division VII. Death benefit reduced by amount paid for impairment 28 Benefits payable under Division V, upon the death of an insured, shall be reduced to the extent of any amount previously paid by the corporation under Division VII in respect of any impairment arising out of injuries sustained in the same accident. Payment to committee or substitute decision maker 29 If a person who is entitled to the payment of an amount under this Part has a committee appointed under The Mental Health Act or a substitute decision maker for property appointed under The Adults Living with an Intellectual Disability Act , the corporation shall pay the amount to the committee or substitute decision maker. M.R. 2/2025 Payment to insured 30 Subject to section 62 of the Act, and except for the payment of benefits under sections 10, 23 and 29 of this regulation, the corporation shall make all payment of benefits under this Part to the insured. M.R. 2/2025 No impairment or indemnity benefits after death 31 The corporation is not liable for any payment of benefits in respect of either a disability under Division VI, or in respect of an impairment under Division VII, for any period following the death of the insured. No waiver 32 Except where there is an agreement for the commutation of any benefit payable for a disability under section 18, neither the insured nor any of his or her dependants shall agree with any person to waive or forego any of the benefits to which any of them are or may become entitled under this Part, and every agreement purporting to do so is null and void. No benefits to certain persons 33 The corporation is not liable to pay any benefits under this Part to any of the following persons or their dependants: (a) a resident of another province, federal territory of Canada, or another country, riding in or upon a vehicle not designated in an owner's certificate; (b) a resident of Quebec; (c) a person operating, riding in or on, struck down or run over by, entering, getting onto, or alighting from, a vehicle that is not of a design or construction that, if owned and operated in Manitoba, is, or would be required to be, designated in a registration card, unless an injury sustained by that person is occasioned as a result of a collision in Manitoba with a vehicle that is, or would if owned and operated in Manitoba, be required to be designated in a registration card; (d) a person who (i) is driving, riding in or on, or operating, a vehicle that, at the material time, is engaged in any illicit or prohibited trade or transportation, or (ii) is driving, riding in or on, or operating, a vehicle that, at the material time, is engaged in a race or speed test, or (iii) being voluntarily a spectator or a person engaged in, or employed at, an area that, for the time being, is used by a spectator or spectators to view vehicles engaged in a race or speed test, is struck down by, in collision with, or run down or run over by, such a vehicle, or (iv) is operating, riding in or on, struck down or run over by, entering, getting onto, or alighting from, a tractor or off-road vehicle that is registered under The Drivers and Vehicles Act , unless any injury sustained by that person is occasioned as a result of a collision in Manitoba with any other moving motor vehicle, trailer or semi-trailer which is, or would if owned and operated in Manitoba be, required to be designated in a registration card; (e) a person who is incarcerated in a federal or provincial jail. M.R. 50/89; 27/92; 36/2006 Worker's compensation 34 Except for the benefits payable in respect of the death of an insured under Division V, the corporation is not liable to pay any benefits under this Part, where the person sustaining the loss for which claim would otherwise be made, or his or her dependants, are entitled to compensation under The Workers Compensation Act or other similar law providing for compensation to injured workers, enacted by a legislature or law-making authority of any province, state or country. M.R. 15/93; 39/97 Unemployment insurance 35 The corporation is not liable to pay benefits, as an indemnity in respect of a disability under Division VI, for any period in respect of which the insured receives moneys under The Unemployment Insurance Act (Canada). Policy conditions 36 Subject to section 22 of the Act, and subject to the fact that no breach hereunder relieves the corporation for funeral expenses under Division IV and death benefits under Division V, the benefits provided under this Part are subject to the following conditions set out in this section: (a) an insured who is ordinarily resident in the province shall not operate a motor vehicle unless he or she is named in a valid and subsisting driver's certificate; (b) an insured shall not operate any motor vehicle that is required to be designated in a registration card unless the vehicle is designated in a valid and subsisting owner's certificate; (c) an insured shall not operate a motor vehicle to which is attached a trailer or semi-trailer that is required to be designated in an owner's certificate if it is not so designated; (d) an insured shall not use or operate any vehicle while under the influence of an intoxicating liquor or drug to such an extent as to be, for the time being, incapable of proper control of the vehicle; (e) an insured shall not operate any vehicle while in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (f) [repealed] M.R. 185/2018 ; (g) an insured shall not take hold of, or attach himself or herself to, a vehicle for the purpose of being pushed or pulled thereby unless he or she is riding in or on that portion of the vehicle that is designated for the seating of passengers or the carrying of a load; (h) an insured, being the owner or other person in charge of a vehicle, shall not permit, allow, suffer, or connive at the use or the operation of the vehicle by any person, contrary to the conditions set out in this section, but it is not of itself a violation of this clause for the insured to permit or allow the use or operation of the vehicle by a person who, while not being named in a valid and subsisting driver's certificate, is nevertheless qualified and authorized by law to drive the vehicle; (i) an insured shall not ride as a passenger in a motor vehicle while that motor vehicle is being operated by any person who is not qualified and authorized by law to do so unless that passenger believes upon reasonable and probable grounds that that person is so qualified and authorized; (j) an insured shall not drive or operate any vehicle to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop; (k) an insured, being a passenger in a motor vehicle, shall provide the name and, if available, the address of the person operating the motor vehicle at the time of the accident giving rise to a claim. M.R. 50/89; 38/90; 27/92; 111/2018 ; 185/2018 Proof of interest and claim 37(1) Any claim made under this Part by a claimant is subject to proof of the interest of the claimant. 37(2) Proof of claim for benefits payable under this regulation shall be made by an insured, if required by the corporation. 37(3) In the case of the death of an insured, proof of claim, if required, shall be made by the primary dependant, although other persons may be entitled to receive benefits. Notice and proof of claims 38(1) Any person entitled to make claim under this Part shall, (a) subject to subsection (2), give notice of claim to the insurer not later than 30 days from the date of the accident; (b) if required by the corporation, and subject to subsection (3), furnish such proof of claim as is reasonably possible within 90 days of the happening of the accident; and (c) furnish to the corporation a certificate (i) from a duly qualified medical practitioner indicating the duration, or probable duration, of any disability under Division VI, and of the nature and extent of any impairment under Division VII, from an injury arising out of an accident in respect of which claim is made under this Part, or (ii) from a member in good standing of the Canadian Chiropractic Association, where the injury is of local complaint of the muscular or the skeletal system in the case of a strain, sprain, or disarticulation of the spine, indicating the duration of any disability under Division VI, caused by the injury arising out of the accident for which claim is made. 38(2) Failure to give the notice required under clause (1)⁠(a) does not invalidate the claim if it is shown that it was not reasonably practicable to give notice within the time stated in that clause, and that notice was given as soon as was reasonably practicable. 38(3) Proof of the claim referred to in clause (1)⁠(b) shall contain information relating to the circumstances surrounding the accident and the nature and cause therof including all available particulars. M.R. 38/90 Onus of proof as to statements 39 Where a claimant is one of the persons required by section 155 of The Highway Traffic Act , or subsections 6(4), (5), and (6) of The Manitoba Public Insurance Corporation Act , to furnish the information, statements, and reports therein specified, he or she shall comply in every particular, and the onus of proving compliance with those provisions is upon the claimant. Benefits not affected by other insurance 40 Except as provided in Division III and sections 34, 35 and 41, benefits to which a person becomes entitled under this Part shall be paid regardless of the existence of, and benefit under, any contract or policy of other insurance. Aggregate indemnity not to exceed average income 41(1) Where, by reason of an accident, an insured suffers a disability for which he or she is entitled to an indemnity under Division VI, and is concurrently insured by a contract or policy of other insurance by virtue of which an indemnity similar in nature and purpose to that payable under Division VI is payable, and if, under that other insurance and under Division VI, the aggregate of the amount payable is greater than the average income of the insured prior to the accident, the corporation is liable only for the payment of that proportion of the indemnity specified in Division VI that is equal to the ratio between the insured's loss of income and the aggregate of the indemnities that would otherwise be payable to the insured under both Division VI and the contract or policy of other insurance. 41(2) Subsection (1) does not apply in respect of the claim of an insured who is a homemaker. Proof of claim 42 Where the corporation requires a proof of claim from any insured under this Part, it shall, upon receiving notice of claim, furnish to the claimant, forms of proof of claim, and if such forms are not so furnished by the corporation within 30 days after receipt of the notice, the claimant shall be deemed to have complied with the requirements of this Part as to proof of claims, if he or she submits within the time fixed by subsection 38(1) for filing such proof, a written statement of the happening and character of the accident and of the extent of the loss for which claim is made. Corporation's right to examination and autopsy 43(1) The corporation may do the following, and the claimant shall afford to the corporation an opportunity to do them, namely: (a) examine the person of the insured in respect of whom claim is made, when and as often as it may reasonably require while a claim under this Part is pending; (b) in the case of the death of an insured, make an autopsy, subject to any laws of the province relating to autopsies. 43(2) Any examination under subsection (1) shall be made by a duly qualified medical practitioner or medical consultant appointed by the corporation and the examination shall be conducted at the expense of the corporation. M.R. 38/90 Payment of benefits 44(1) The corporation shall pay all benefits for which it is liable under this Part, except an indemnity payable for disability under Division VI within 30 days after the receipt of the proof of claim, or within 30 days of settlement between the corporation and an insured, if no proof of claim is required. 44(2) The indemnity for disability under Division VI shall be paid within 30 days after the corporation has received a proof of claim from an insured, if a proof of claim has been required by the corporation, and within 30 days of the receipt by the corporation of notice of claim if no proof of claim has been required; and payments shall be made thereafter within each following 30-day period during which the corporation remains liable for payments if the insured, whenever required by the corporation to do so, furnishes such proof of continuing disability as may be required. Waiver of condition 45 The corporation shall be deemed not to have waived any condition under this Part, either in whole or in part, unless the waiver is clearly expressed in writing, signed by an officer of the corporation. Time limit on claim 46 Any action or proceeding against the corporation for the recovery of any claim under this Part shall be commenced within two years after the cause of the action arose. Clinical hernia 47(1) No benefits are payable in respect of hernia, except clinical hernia of a disabling character that results from an accident that imposes liability for resulting damage or injury on the corporation; but the corporation is not liable if the hernia is the sole injury in respect of which benefits are claimed, unless the insured reports the condition to the corporation within seven days immediately following the occurrence of the accident. 47(2) Where an insured does not submit to treatment prescribed by a duly qualified physician or surgeon within two weeks of the accident wherefrom clinical hernia results directly and is the sole injury in respect of which benefits are claimed, benefits cease to be payable from the expiry of that two-week period, but the corporation may extend the period for submission to treatment. 47(3) Where an insured submits to an operation for a clinical hernia, the period of disability under Division VI, ceases upon the expiry of 42 days following the day of the operation, but that period may be extended by the corporation or the Court of King's Bench where either is satisfied that complications warranting an extension have resulted directly from that operation. PART III ALL PERILS INSURANCE DIVISION I COVERAGE Definitions 48 In this Part, "insured" means a person who is named in a valid and subsisting owner's certificate; (« assuré ») "insured vehicle" means a vehicle that is designated in a valid and subsisting owner's certificate; (« véhicule assuré ») "maximum insured value" , in relation to a vehicle, means the maximum amount for which the vehicle can be insured under this regulation, and shall be the actual cash value of the vehicle, to a maximum of, (a) for a passenger vehicle, truck, or truck tractor, $70,000, and (b) for a bus, motor home, motorcycle, moped or trailer, the lesser of (i) $70,000, or (ii) the amount specified in the owner's certificate, unless excess value coverage is available and purchased under Part VI, in which case the maximum insured value shall be the actual cash value of the vehicle as declared in the application for an owner's certificate. (« valeur assurée maximale ») M.R. 90/95; 22/96; 22/98; 185/98; 41/2019 ; 37/2020 Coverage 49 Coverage provided by this Part applies only to claims by or on behalf of an insured in respect of loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle. Perils covered 50(1) Subject to the Act and this regulation, coverage is, by this Part, provided to an insured for direct and accidental loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle, arising out of any peril and occurring in Canada, in the United States of America, or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port. 50(2) Where loss or damage for which coverage is provided under subsection (1) occurs, the corporation shall, in addition to any other amount payable under this Part, pay to, or on behalf of, an insured any general average, salvage, and fire department charges, and custom duties of Canada, or the United States of America, for which the insured is legally liable. 50(3) Where loss occurs by reason of the theft of the entire insured vehicle, the corporation shall reimburse the insured for any expense not exceeding $50 per day or $1,500 in total, plus all applicable taxes, incurred for the rental of a substitute vehicle or the use of a vehicle for hire or a public means of transportation. 50(3.1) [Repealed] M.R. 2/2025 50(4) [Repealed] M.R. 19/2018 50(5) Reimbursement under subsection (3) is limited to such expense incurred during the period commencing 72 hours after the theft has been reported to the corporation or the police and terminating, regardless of the expiration of coverage, under this Part, (a) upon the date of the completion of repairs to, or the replacement of, the property lost or damaged; or (b) upon such earlier date as the corporation makes or tenders settlement for the loss or damage caused by the theft. 50(6) Each occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 50/89; 25/95; 19/2018 ; 52/2022 ; 110/2022 ; 119/2023 ; 2/2025 Deductible 51(1) The liability of the corporation under this Part is limited to the amount of loss and damage in excess of the deductible amount specified in Schedule B that is applicable to the insured vehicle. 51(2) [Repealed] M.R. 37/2020 M.R. 39/97; 133/99; 30/2002 ; 37/2020 Where no liability 52 The corporation is not liable, under section 50, for loss or damage (a) to tires, or consisting of, or caused by, mechanical fracture or breakdown of any part of the insured 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 for which coverage is otherwise provided under section 50, or is caused by fire, theft, or malicious mischief; (b) caused by the conversion, embezzlement, theft, or secretion by any person in lawful possession of an insured vehicle under a mortgage, conditional sale, lease, or other similar written agreement; (c) caused by the voluntary parting with title or ownership, whether or not the insured is induced to do so by any fraudulent scheme, trick, device, or false pretence; (d) caused directly or indirectly through contamination by radioactive material; (e) to contents of insured vehicles; (f) to tape and equipment for use with a tape player or recorder, when detached therefrom; (g) arising out of theft by any person residing in the same dwelling unit or premises as the insured, or by an employee of the insured engaged in the operation, maintenance, or repair of the insured vehicle, whether the theft occurs in the hours of such service or employment or not; (h) to any vehicle owned by the Government of Canada, or to any vehicle owned by the government of any foreign jurisdiction, or any fire department vehicle owned by any governmental authority or a municipality; (i) subject to clauses (h), (j), (k), (m), (o), (p) and (q), to any vehicle in excess of its maximum insured value; (j) to an antique vehicle; (k) to a vehicle, the operation of which is authorized in Manitoba under and by virtue of a permit issued under section 24 of the Vehicle Registration Regulation , Manitoba Regulation 57/2006; (l) [repealed] M.R. 41/2019 ; (m) to a specially constructed camper unit which is equipped with living accommodations mounted on the body of insured vehicles, and which is removable; (n) to any permanently attached audio, video, communication and non-integral electronic data processing devices and their accessories for any amount per incident or accident in excess of the total value of the lost or damaged devices, including installation costs, or $1,000, whichever is the lesser, unless, where the device is an audio, video or communication device, the make and model of audio, video or communication device was installed by the vehicle manufacturer as standard equipment or manufacturer-installed optional equipment on the vehicle for its particular model year, in which case those limits do not apply; (o) to common carrier buses, to City of Winnipeg Transit buses and to trucks and truck tractors in excess of 16,330 kg gross vehicle weight, except for commercial truck drive-away units, farm trucks, fishing trucks and vehicles for which dealers' or repairers' number plates are issued; (p) to commercial trucks in excess of 11,794 kg gross vehicle weight which are operated beyond 161 kilometres outside the borders of the Province of Manitoba, unless the vehicle is operating by means of a valid single trip certificate or single trip permit issued by another jurisdiction; (q) to commercial trucks which are operated for compensation beyond 161 kilometres outside the borders of the Province of Manitoba unless the vehicle is operating by means of a valid single trip certificate or single trip permit issued by another jurisdiction; (r) to a semi-trailer for which a number plate is issued; or (s) arising out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured vehicle that sustains loss or damage is participating in the event or activity. M.R. 50/89; 38/90; 27/92; 15/93; 25/95; 90/95; 22/98; 33/99; 30/2002 ; 30/2004 ; 36/2006 ; 188/2014 ; 41/2019 ; 9/2026 Motorcycles, mopeds and vehicles with repairer's plates 53 The corporation is not liable under this Part for any loss or damage in respect of a motorcycle, a moped or a vehicle for which repairer's plates are issued, under The Drivers and Vehicles Act , unless (a) at the time that the loss or damage occurs, (i) the vehicle carries, in accordance with The Highway Traffic Act , a number plate or number plates issued under that Act, or (ii) a temporary registration permit has been issued under section 22 of the Vehicle Registration Regulation , in respect of the vehicle; and (b) the loss or damage is caused directly by accidental collision of the vehicle with another object either moving or stationary, or by accidental upset; and the corporation is not in any event liable for loss or damage in respect of such vehicle, occurring after theft thereof and before its recovery. M.R. 5/2005 ; 36/2006 ; 41/2019 DIVISION II CONDITIONS OF COVERAGE Coverage subject to following conditions 54 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. Giving of notice 55 Upon the happening of any loss or damage for which coverage is provided under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the loss or damage. Driving limitations 56(1) The insured named in an owner's certificate shall not drive or operate the vehicle designated therein (a) while he or she is 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; (b) while in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (c) [repealed] M.R. 185/2018 ; (d) while he or she is not for the time being qualified and authorized by law to drive the insured vehicle, or while, in any event, being under the age of 16 years, he or she is not the holder of a valid and subsisting driver's certificate; (e) while his or her licence to drive or operate the vehicle is suspended or while his or her right to obtain a licence is suspended or while he or she is prohibited under order of any court from driving or operating the vehicle; (f) for any illicit or prohibited trade or transportation; (g) in any speed test or race; (h) when attached to that vehicle is a trailer that, being required to be registered under The Drivers and Vehicles Act , is not so registered; or (i) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop. 56(2) The insured named in an owner's certificate shall not permit, suffer, allow, or connive at, the use of the vehicle designated therein by any person, in any way, or for any purpose, contrary to subsection (1). 56(3) The insured named in an owner's certificate shall provide to the corporation the name and, if available, the address of the person operating the insured vehicle at the time of the accident giving rise to a claim. M.R. 50/89; 27/92; 36/2006 ; 111/2018 ; 185/2018 ; 9/2026 Operating contrary to certain Acts 57 An insured vehicle shall not be operated for any purpose contrary to The Drivers and Vehicles Act or The Highway Traffic Act , and without restricting the generality of the foregoing, an insured vehicle shall not be operated in contravention of any provision of those Acts or the regulations thereunder relating to the combined weight of the vehicle and its load, the time within which, and the territory within which, the vehicle may be operated, or the kind of goods, or the number of passengers, that may be carried in or on the vehicle. M.R. 36/2006 ; 19/2018 No operating contrary to certain by-laws 57.1 An insured vehicle must not be operated contrary to a vehicle for hire by-law. M.R. 19/2018 Contrary to declaration of use 58 An insured vehicle shall not be used primarily for any purpose other than that declared by the insured in his or her application for an owner's certificate therefor, except that (a) the use by an employee of his or her own vehicle on the business of the employer for which use the employee is paid, is deemed not to be renting or leasing of a vehicle to another; and (b) the use by a person of a vehicle to transport themselves and one or more other persons who give consideration in respect of the cost of the trip is deemed not to be using the vehicle as a vehicle for hire, despite the provisions of any vehicle for hire by-law, if (i) the final destination of the trip is determined by the person operating the vehicle, and (ii) the operator's purpose in taking the trip is not primarily to carry or transport passengers for gain. M.R. 15/93; 19/2018 Acts of war 59 The corporation is not liable for loss or damage that is caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by operations of armed forces while engaged in hostilities, whether or not war has been declared. M.R. 30/2002 Obligation of vehicle owner to protect from rodents 59.1 The corporation is not liable for loss or damage that is caused by mammals of the order of rodentia when the corporation determines that the insured named in an owner's certificate has not taken reasonable precautions to protect the insured vehicle from such loss or damage. M.R. 27/2017 Reporting 60 Where the insured is a person required to furnish a report under section 155 of The Highway Traffic Act or under subsections 6(4), (5) and (6) of The Manitoba Public Insurance Corporation Act , he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. Corporation may provide information 60.1(1) In respect of an accident to which section 155 of The Highway Traffic Act applies, the corporation may on request provide information in its possession to a person described in subsection (2) of that provision, if satisfied that the person requires the information to commence a court proceeding concerning the accident. 60.1(2) In subsection (1), the information that the corporation may provide is limited to the information required to be given under clause 155(3)⁠(a) and subclause 155(3)⁠(e)⁠(i) of The Highway Traffic Act , as of the date of the accident. 60.1(3) When a person requests the information, the person must make a declaration that (a) is in the form and contains the information the corporation requires; and (b) satisfies the corporation that the person needs the information to commence a court proceeding concerning the accident. M.R. 15/2018 Requirements upon occurrence of loss 61 Upon the occurrence of any loss or damage to a vehicle designated in an owner's certificate, the insured shall, if the loss or damage is insured under this Part, (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 60, to the corporation, with fullest information available at the time, and at the expense of the corporation, and as far as is reasonably possible, and subject to sections 62 and 63, protect the vehicle from further loss or damage; (b) deliver, if required by the corporation, but subject to section 64, within 90 days of the loss or damage, a statutory declaration stating to the best of the insured's knowledge and information, the place, the time, the cause, and the amount of the loss or damage, the interest of the insured, and all others therein, the encumbrances thereon, all other insurance relating to the insured vehicle, whether valid or invalid, and stating that the loss or damage was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. Loss not recoverable 62 Any further loss or damage to which reference is made in clause 61(a) accruing directly or indirectly from failure to protect, is not recoverable under the Part. Repairs 63 No repairs shall be undertaken, and no physical evidence of the loss or damage shall be removed, without the written consent of the corporation, except such repairs as are immediately necessary for the protection of the vehicle from further loss or damage, until the corporation has had a reasonable time to make the inspection referred to in section 72. Waiver of declaration 64 The corporation may waive the requirement for a statutory declaration under clause 61(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. Examination under oath 65 The insured shall submit to examination, under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom, to be made. Insurance money not more than actual value of property 66 The corporation is not liable beyond the actual cash value of the vehicle at the time that any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed what it would cost to repair or replace the vehicle or any part thereof, as the case may be, with material of the like kind and quality; but if any part of the vehicle is obsolete and out of stock, the liability of the corporation in respect thereof, is limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price. Corporation may repair, replace, or rebuild 67 Except where an appraisal under section 70 has been made, the corporation, instead of making payment, may, within a reasonable time, repair, rebuild, or replace the property damaged or lost with other material or property of a like kind and quality, if, within seven days after receipt of proof of loss, it gives written notice of its intention to do so. Abandonment without consent 68 There shall be no abandonment of the insured vehicle to the corporation without the consent of the corporation, and if the corporation exercises the option to replace the insured vehicle or pays the actual cash value of the vehicle, the salvage, if any, vests in the corporation. Payment of loss to insured and others 69 Where the corporation elects not to repair, replace, or rebuild the insured vehicle, but instead to pay the actual cash value of the loss or damage, and the corporation is aware of the existence of the interest of another person in the insured vehicle, the corporation may make payment of insurance moneys jointly to the insured and that other person. Settlement of dispute as to quantum or adequacy of repairs 70(1) Where there is disagreement as to the nature and extent of the repairs and the replacements required, or as to their adequacy, if affected, or as to the amount of insurance moneys payable in respect of any loss or damage, the question shall be determined by appraisers before recovery can be had under this Part; and in that event, there shall be a determination by appraisers, independent of all other questions, and whether or not coverage is admitted by the corporation under this Part. 70(2) Where there is a dispute as referred to in subsection (1), the insured and the corporation shall each nominate an appraiser to act on his, her or its behalf and shall notify the other of the name, address, and telephone number of the appraiser nominated by him, her or it. 70(3) Should one of the parties fail to nominate or give the notice required in subsection (2), within five days of his, her or its receipt of such a notice from the other party, the party who or which has failed to give notice shall be deemed to concur in the appraisal or estimate originally proposed by the other party, and the parties are bound thereby. 70(4) Where both parties have nominated appraisers under subsection (2), the two appraisers shall meet or communicate within five days of the receipt of notice by the second of the parties to receive notice, and shall attempt to settle the matter or matters in dispute, and an award made pursuant to such a settlement is binding upon the parties. 70(5) Where the appraisers cannot agree, they may, by mutual agreement upon the appointment of an independent umpire, refer the matter or matters in dispute to the umpire for final determination, and in that event the decision of the umpire is final and binding. 70(6) Where the appraisers are unable to agree upon the appointment of an independent umpire, any appraiser or party may apply to a Court of King's Bench judge to appoint an umpire; and the Court of King's Bench judge to whom application is made, shall appoint an umpire within five days of the date of the application, and the decision of an umpire so appointed by a judge is final and binding. 70(7) Each party shall pay the appraiser nominated by him, her or it, and the parties shall bear equally any other costs incidental to the appraisal, including the costs of the umpire. 70(8) Any notice required under subsection (2) shall be given by postage pre-paid mail that provides the sender with an acknowledgment of receipt. M.R. 26/2001 No waiver 71 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Division by any act relating to the appraisal or to the delivery and completion of proofs of loss or to the investigation or adjustment of a claim. Inspection 72 The corporation shall be permitted, at all reasonable times, to inspect the vehicle designated in an owner's certificate and its equipment. Other insurance of the same interest 73 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. Private extension insurance 74 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 73 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. M.R. 22/98 Time of payment 75 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it, or in the event of an appraisal under subsection 70(1), within 15 days after the award is rendered. No notice or statutory declaration by insured 76 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. PART IV PUBLIC LIABILITY AND PROPERTY DAMAGE DIVISION I DEFINITIONS AND APPLICATION Definitions 77 In this Part, "insured" means a person who is named in a valid and subsisting owner's certificate, and includes a person who, (a) being named in a valid and subsisting driver's certificate, or (b) being a resident of a jurisdiction other than Manitoba, (i) is qualified and authorized by law to operate a motor vehicle in the jurisdiction of his residence, and (ii) is at least 16 years of age, operates a vehicle designated in an owner's certificate with the consent of the person named therein; (« assuré ») "insured vehicle" means a vehicle designated in a valid and subsisting owner's certificate; (« véhicule assuré ») "member of an owner's household" means a husband, a wife, a son or a daughter who ordinarily resides in the same dwelling unit or dwelling premises as an insured, and any other person who ordinarily resides in the same dwelling unit or dwelling premises as an insured. (« co-résident ») Application of Part IV 77.1 Notwithstanding this regulation and the Automobile Insurance Plan Regulation , this Part does not apply to a bodily injury or death that occurs on or after March 1, 1994 and for which benefits are payable under Part 2 of the Act. M.R. 43/94; 37/2020 DIVISION II COVERAGE Coverage 78(1) Subject to the Act and this regulation, coverage is hereby provided to an insured under this Part, for damages, in the amounts herein specified, for liability imposed by law in respect of bodily injuries to, or the death of, another person, or in respect of the loss of, or damage to, the property of another arising out of the ownership, use, or operation, of an insured vehicle by an insured, in Canada, in the United States of America, or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port. 78(2) Coverage under subsection (1) is extended to a person who is named in a valid and subsisting driver's certificate, while he or she personally uses or operates a motor vehicle that is not otherwise insured for legal liability imposed by law arising out of the ownership, use, or operation thereof, if (a) he or she believes, upon reasonable and probable grounds, that the vehicle is designated in a valid and subsisting owner's certificate, or is otherwise insured against the legal liability imposed by law for the ownership, use, or operation thereof; and (b) the vehicle is not owned by the driver; but no coverage extends under this section, by reason of a breach of condition under a policy of other insurance by which the vehicle is insured. M.R. 38/90 Where no coverage provided 79 The corporation shall not pay insurance moneys under this Part (a) in respect of liability imposed upon an insured by any worker's compensation law; (b) for the liability of any person who is not named in an owner's certificate in respect of a vehicle designated therein, or is not the employee or partner of the person who is named therein, where the person first mentioned, at the time of an accident arising out of which insurance moneys under this Part might be otherwise payable, (i) is in possession of the vehicle in the course of the business, occupation, or trade of automobile maintenance, repair, service, storage, or parking, or (ii) is in possession of the vehicle in the course of his or her business as an automobile dealer; (c) for loss of, or damage to, property carried in or upon an insured vehicle, or to any property owned or rented by, or in the care, custody, or control of, an insured to whom coverage is provided under this Part; (d) in respect of the liability of an insured for damages resulting from (i) bodily injury to, or the death of, any person, or (ii) the loss of, or damage to, the property of another, arising, directly or indirectly, out of a nuclear energy hazard; (e) in respect of the liability imposed by law upon the Government of Canada, or any agent, servant, or employee of the Government of Canada, for damages resulting from bodily injury to, or the death of, any person, or for loss of, or damage to, the property of another, arising out of the ownership, use or operation of a vehicle owned by the Government of Canada; (f) for loss or damage resulting from bodily injury to, or the death of, any employee of the insured while engaged in the operation or repair of the insured vehicle; (g) for loss or damage resulting from bodily injury to, or the death of, an insured;

(h) in respect of the liability imposed by law for damages resulting from bodily injury to, or the death of, any person, or for the loss or damage to the property of another arising out of the ownership, use or operation of (i) commercial trucks in excess of 11,794 kg gross vehicle weight which are operated beyond 161 kilometres outside the borders of the Province of Manitoba unless the vehicle is operating by means of a valid single trip certificate or single trip permit issued by another jurisdiction, and (ii) commercial trucks and buses which are operated for compensation beyond 161 kilometres outside the borders of the Province of Manitoba unless the vehicle is operating by means of a valid single trip certificate or single trip permit issued by another jurisdiction; (i) in respect of the liability imposed by law upon any municipality, or other governmental authority, for damages resulting from bodily injury to, or the death of, any person, or for loss of, or damage to, the property of another arising out of the ownership, use, or operation of a fire department vehicle; (j) in respect of liability imposed by law upon the owner of a motor vehicle, the operation of which is authorized in Manitoba under and by virtue of a permit issued under section 24 of the Vehicle Registration Regulation ; (k) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or destruction of the property of another, arising directly or indirectly from the ownership, use or operation of any machinery, equipment or apparatus, including its ancillary equipment, mounted on or attached to a motor vehicle, in respect of which the insured person is insured, while the attached machinery or equipment is at the site of the use or operation of that attached machinery or equipment; (l) in respect of the liability imposed by law for damages resulting from bodily injury to, or the death of, any person, or for the loss of or damage to the property of another arising out of the ownership, use, or operation of a tractor or semi-trailer for which number plates are issued; (m) for loss or damage resulting from bodily injury to or the death of any occupant of the insured vehicle who at the time was participating in a criminal joint venture; or (n) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or damage of the property of another, arising directly or indirectly out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured vehicle that causes the bodily injury, death, loss or damage was participating in the event or activity. M.R. 50/89; 38/90; 27/92; 15/93; 22/98; 30/2002 ; 30/2004 ; 36/2006 ; 188/2014 ; 41/2019 Limit of coverage 80 Where an insured is liable for damages under this Part, and that liability results, (a) from bodily injury to, or the death of, one or more persons, or from the loss or destruction of property; or (b) from bodily injury to, or the death of, one or more persons and also from the loss or destruction of property; the total liability of the corporation, inclusive of any prejudgment interest or loss of opportunity to invest, under section 78, for the payment of insurance moneys under this Part, regardless of the number of claims or the number of persons who make claim under this Part, is limited to the amount by which $500,000 exceeds the amount of any reduction that applies under section 38 of the Act. M.R. 38/90; 37/2020 Priorities 81 Where, in respect of any one accident, the corporation is liable for payment of insurance moneys under this Part, (a) claims arising out of bodily injury or death have priority over claims arising out of the loss or destruction of property to the extent that $450,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act; and (b) claims arising out of the loss or destruction of property have priority over claims arising out of bodily injury or death, to the extent that $50,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act. M.R. 37/2020 Liability in respect of trailers attached to vehicles 82 For the purpose of determining the liability of the corporation for payment of insurance moneys under this Part, a vehicle designated in an owner's certificate and one or more trailers attached thereto, shall be deemed to be one vehicle; and where loss occurs for which coverage is provided under section 78 by reason of the ownership, use, or operation of a motor vehicle with attached trailer, the corporation is not liable under this Part for more in the aggregate than the amount specified in section 80. Duties of corporation 83(1) Where a claim for damages is made against an insured to whom coverage is provided under this Part, the corporation shall (a) upon receipt of notice of any such claim, assist the insured by causing investigations to be made in respect thereof, and by negotiating such settlement thereof as may be deemed expedient by the corporation; (b) without cost to the insured, defend in the name, and on behalf of, the insured, any civil action, other than an action referred to in subsection (3), for damages brought against the insured in respect of injuries, death, or loss of, or damage to, the property of another; (c) pay all costs taxed against the insured in any civil action defended by the corporation, except the cost of an appeal taken by the insured without the consent of the corporation, and any interest accruing after entry of judgment, upon that part of the judgment that is within the limits of the liability of the corporation; and (d) reimburse the insured for outlay in respect of such medical aid as may have been immediately necessary for a person injured, by reason of an accident for which coverage is provided in this Part. Liability for costs 83(2) The corporation is liable in respect of costs and expenditures under subsection (1), only in the ratio in which its liability for the payment of a claim under this Part is proportionate to the total amount for which the insured is liable. 83(3) The corporation may, without cost to the insured, defend in the name and on behalf of the insured an action brought under The Court of King's Bench Small Claims Practices Act for (a) the payment as damages of a deductible amount that is not insured under any plan of universal compulsory automobile insurance; or (b) assessment of liability arising from a motor vehicle accident in which the claimant's vehicle is not damaged. M.R. 97/92; 39/97 Indemnity insurance 84 Coverage provided by this Part is indemnity insurance within the meaning of section 40 of the Act. DIVISION III CONDITIONS OF LIABILITY Conditions of coverage 85 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. Giving of notice 86 Upon the happening of any event for which coverage is provided to an insured under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the liability for which coverage is provided under this Part. Driving limitations 87 The insured shall not drive or operate any vehicle in respect of which coverage is provided under this Part (a) while they are 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 insured vehicle; (a.1) while they are in a condition for which they are convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (a.2) while they are not for the time being qualified and authorized by law to drive or operate the vehicle or, if the law does not prescribe any qualification, while under the age of 16 years; (b) while their licence to drive or operate that vehicle is suspended, or while their right to obtain a licence is suspended, or while they are prohibited, under order of any court, from driving or operating that vehicle; (c) for any illicit or prohibited trade or transportation; (d) in any race or speed test; (e) when attached thereto is a trailer that, being required to be registered under The Drivers and Vehicles Act , is not so registered; (f) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring them to bring the vehicle to a stop; or (g) with the intention of willfully or deliberately causing bodily injury, death or damage to property. M.R. 38/90; 36/2006 ; 92/2023 Insured must not permit others to breach limitations 88 The insured shall not permit, suffer, allow or connive at the use of any vehicle for which coverage is provided under this Part by any person, in any way or for any purpose contrary to section 87. Operating contrary to certain Acts 89 A vehicle designated in an owner's certificate shall not be operated for any purpose contrary to The Drivers and Vehicles Act or The Highway Traffic Act ; and, without restricting the generality of the foregoing, no vehicle shall be operated in contravention of any provision of either of those Acts, or the regulations thereunder, relating to combined weight of the vehicle and its load, the time within which, and the territory within which, the vehicle may be operated, or the kind of goods, or the number of passengers, that may be carried in or on the vehicle. M.R. 36/2006 ; 19/2018 No operating contrary to certain by-laws 89.1 A vehicle designed in an owner's certificate must not be operated contrary to a vehicle for hire by-law. M.R. 19/2018 Contrary to declaration of use 90 A vehicle designated in an owner's certificate shall not be used primarily for any purpose other than that declared by the insured in his or her application for an owner's certificate therefor, but (a) the use by an employee of the employee's vehicle on the business of his or her employer for which use the employee is paid, shall be deemed not to be renting or leasing of a vehicle to another; and (b) the use by a person of a vehicle to transport themselves and one or more other persons who give consideration in respect of the cost of the trip is deemed not to be using the vehicle as a vehicle for hire, despite the provisions of any vehicle for hire by-law, if (i) the final destination of the trip is determined by the person operating the vehicle, and (ii) the operator's purpose in taking the trip is not primarily to carry or transport passengers for gain. M.R. 19/2018 Requirements where coverage might be asserted 91 Where coverage under this Part is or might be asserted, the insured shall (a) promptly provide the corporation with written notice containing all available particulars of any accident involving loss or damage to the persons or property of others, and of any claim made in respect of any such accident; (b) provide such affidavit or statutory declaration as the corporation may require in verification of the fact that the accident, as a result of which coverage is claimed under this Part, arose out of the operation of a vehicle designated in an owner's certificate, by an insured; and (c) forward to the corporation every statement of claim, writ, letter, document, or advice relating to a claim against an insured for which coverage may be provided under this Part, immediately upon receipt thereof. Insured to cooperate etc. 92 The insured shall not voluntarily assume any liability or settle any claim except at his or her own cost, and the insured shall not interfere with the corporation in any negotiations for settlement or in any legal proceedings, but whenever requested by the corporation, the insured shall aid in securing information and evidence, as well as the attendance of any witness, and shall co-operate with the corporation, except in a pecuniary way, in the defence of any action or proceeding, or in the prosecution of any appeal, taken by the corporation on behalf of the insured. No waiver 93 Neither the corporation nor the insured, shall be deemed to have waived any term or condition of this Part by any act relating to the appraisal or to the investigation or adjustment of any claim. Inspection 94 The corporation may, at all reasonable times, inspect any vehicle designated in an owner's certificate, as well as its equipment. Action against the corporation 95 Neither the insured nor any other person who, by virtue of section 40 of the Act, may be entitled to make claim against the corporation for coverage under this Part, may bring an action against the corporation to recover insurance moneys until there has been full compliance with sections 91 and 92, and either (a) the amount of insurance moneys payable by the corporation has been determined by a court of competent jurisdiction following the conclusion of all judicial proceedings including appeals; or (b) all issues, including the issue of quantum of damages, have been settled by agreement between the parties with the written consent of the corporation. DIVISION IV DAMAGE WHERE DRIVER'S IDENTITY UNASCERTAINABLE Application to judge 96 Where any person has suffered or sustained bodily injuries or death, arising partly or entirely out of the operation of a motor vehicle in Manitoba by another person whose identity or whereabouts cannot be ascertained or traced, and where the owner of that vehicle either cannot be identified or traced, or, if identified or traced, maintains that the vehicle was operated, at the time of the injury or death, by a person other than himself or herself, and by a person who is not a member of his or her household, and that the vehicle was operated without his or her knowledge or consent, express or implied, the person who has suffered or sustained bodily injuries, and the personal representative of a person who has suffered death, may apply to a judge in chambers for an order permitting that personal representative to name the corporation as nominal defendant in any proceedings to recover insurance moneys under this Part, instead of, or in addition to, the owner or any driver of the vehicle. Order of judge 97 Where an application is made under section 96, the judge hearing it shall make an order only upon being satisfied that the bodily injuries occurred by reason of the operation of a moving motor vehicle by a person other than the person named in the application, and either (a) that the identities of both the owner and the driver of the vehicle by which bodily injuries or death is alleged to have been caused, cannot be ascertained, notwithstanding that all reasonable attempts have been made for that purpose; or (b) that the person known to be the owner, was not in fact operating the vehicle at the time when the bodily injuries or death occurred, and that the vehicle was operated by a person who was not a member of the owner's household, and that the vehicle was driven at that time without the owner's knowledge or consent, express or implied; and that the person injured or the personal representative of the person who died reported the injuries or death, and the circumstances thereof to the police immediately following the occurrence thereof, or immediately at the first available opportunity. No action unless notice within 14 days 98 No action shall be brought against the corporation under section 96 in respect of an accident occasioning death or bodily injury unless notice of all relevant facts is given to the corporation in writing within 14 days of the accident, or it is shown that it was not reasonably practicable to give notice within that time, and that notice was given as soon as was reasonably practicable. Rights of corporation to settle 99 The corporation may, at any time after the receipt of the notice referred to in section 98, if it thinks fit, compromise and settle the claim of any person who claims to be entitled to bring action under section 96. Limit of liability $500,000 100 Regardless of the number of claims, or the number of persons who make claims, against the corporation for payment of insurance moneys under this Division arising out of the same accident, the aggregate amount payable by the corporation is limited to the amount of $500,000, and the amount of insurance moneys paid to any claimant under this Division is limited to the amount of damages actually sustained by that claimant, and shall be reduced by the amount of any benefits paid or payable under Part II. M.R. 37/2020 Corporation's right of recovery 101 Where the corporation has paid insurance moneys pursuant to claim under this Division, and the identity of the other person is subsequently ascertained, that other person is indebted to, and shall reimburse, the corporation for moneys paid by it, whether after judgment or pursuant to a compromise or settlement; and it is not a defence to any claim by the corporation against that other person under this section, to allege that the corporation has not tendered in a court of law such evidence as might have resulted in a different determination than that which did result, or that the corporation has failed to litigate, or failed to appeal the judicial determination of a court of first instance, or of a Court of Appeal where further appeal is possible, or to allege that the corporation has settled or compromised any claim under this section without the consent of that other person, or in a manner contrary to the interests of that other person. DIVISION V DAMAGE BY UNINSURED VEHICLE Application for payment by corporation where damage caused by uninsured vehicle 102 Where the death of, or bodily injury to, or loss of or damage to property of, a person is occasioned in Manitoba by an uninsured motor vehicle, any person who would have a cause of action against the owner or driver of the uninsured motor vehicle in respect of the death, bodily injury, loss or damage to property, except a person entitled to make an application under section 106, may make application, in a form prescribed by the corporation, for payment of insurance moneys by the corporation as damages. Notice to uninsured owner and driver 103 Upon receipt of an application under section 102, the corporation shall forward, by postage pre-paid mail that provides the sender with an acknowledgement of receipt, a notice of the application for payment of insurance moneys by the corporation to the owner, and to the driver, of the uninsured motor vehicle, and the notice shall be addressed to him, her or them, at the address recorded for him, her or them, as the case may be, by the corporation. M.R. 26/2001 When payment may be made 104 The corporation may, in respect of an application made under section 102, make payment, subject to section 118, of an amount, which in the circumstances it deems proper, if the person to receive payment of insurance moneys under this Division executes a release, under seal, of all claims arising out of the damages suffered or sustained by him or her in respect of the incident for which insurance moneys are paid under this Division and (a) the owner or driver of the uninsured motor vehicle execute a consent to the payment of that amount on account of damages by the corporation, and also execute an undertaking, under seal, to repay the corporation the amount to be paid by it; or (b) the owner or driver to whom notice is sent in accordance with section 103 does not reply (i) by mail, or (ii) by attending in person at the place named in the notice for the purpose of disputing the liability of the person making application under section 102, within 30 days after the date upon which notice was sent. M.R. 38/90; 27/92 Subrogation 105 Where an amount is paid by the corporation under section 104, the corporation is subrogated to the rights of the person to whom that amount is paid, and the corporation may maintain an action in its name or in the name of that person against any other person responsible for the use or operation of the uninsured motor vehicle. DIVISION VI JUDGMENT PAYABLE BY THE CORPORATION Claim payable upon judgment 106 Subject to subsections 39(2) and (5) of the Act, where any person recovers a judgment, by the decision of a court of competent jurisdiction in Manitoba, for damages in respect of bodily injuries, death, or loss of, or damage to, property, occasioned in Manitoba by a person operating a motor vehicle that is owned or operated, or owned and operated, by the judgment debtor within Manitoba, the judgment creditor, upon the determination of all judicial proceedings, including appeals, may make application in the form prescribed by the corporation, for payment of the amount of the judgment or of the unsatisfied portion thereof, and the corporation shall pay that amount or portion. Corporation may dispute liability to pay 107 Where an application is made to the corporation under section 106, the corporation may, at any time within 30 days after the receipt of the application, or within such further time as may be allowed upon application to a judge of the Court of King's Bench, give written notice to the applicant of any objection to payment of the judgment or part thereof, and, where the corporation gives such a notice, the applicant may apply to a judge by way of a notice of motion in the cause in which judgment was rendered, for a determination of the issue raised by the corporation in its notice of objection. Contents of notice 108 The notice given by the corporation to the person by whom application under section 106 was made, shall set out the nature of the objection clearly and concisely, and, except as may be otherwise allowed by a judge, where the rights of the person who has applied under this Division are not unreasonably prejudiced, no other ground shall be raised. M.R. 39/97 Action to be brought against all persons 109 Subject to section 110, the corporation shall not pay any amount in respect of a judgment, unless the judgment was given in an action that was brought against all persons against whom the applicant may reasonably be considered as having had a cause of action in respect of the damages in question, and was prosecuted against every such person, to judgment. Consent otherwise given 110 Where a person by whom application is made under this Division (a) notifies the corporation of the bodily injuries, death, or loss of or damage to the property, of another, for which he or she intends to prosecute an action in a Manitoba court; (b) provides the corporation with copies of any statement or reports relating to the incident or accident out of which bodily injuries, death, or loss of or damage to the property of another, arose, and which are available under The Drivers and Vehicles Act in Manitoba, or which are similarly available in other jurisdictions; (c) furnishes the corporation with any other relevant information of which he or she is aware; and (d) sets out the names of the persons against whom he or she intends to bring action; the corporation, by its written consent, may authorize action against those persons, and no other; and in that event, if the person who applies for payment of insurance money did name, and has prosecuted to judgment an action against, each of those persons, the corporation shall not subsequently deny liability upon the ground that any other person has not been named. M.R. 36/2006 Assignment 111 Payment of insurance moneys under this Division is subject to, and conditional upon, an assignment to the corporation of the judgment recovered by the judgment creditor. DIVISION VII PAYMENT BY THE CORPORATION UNDER DIVISIONS IV, V AND VI No reimbursement to other insurer 112 The corporation is not liable to pay insurance moneys under Divisions IV, V or VI to reimburse or otherwise indemnify another insurer in respect of the amount paid or payable by that other insurer by reason of the existence of a policy of insurance within the meaning of The Insurance Act . Worker's Compensation benefits 113 The corporation is not liable under Division IV, V or VI to pay, and no amount shall be paid, in lieu of payment under any Worker's Compensation law to which a person who applies under those Divisions is entitled, or in lieu of any other payment to which an injured worker is entitled by virtue of any other law. Worker's Compensation Board 114 The corporation is not liable to pay insurance moneys under Divisions IV, V or VI, and no insurance moneys shall be paid, to reimburse or otherwise indemnify The Worker's Compensation Board in respect of payments made by it under The Workers Compensation Act , or to reimburse or otherwise indemnify a similar board or compensating body in respect of payments made by it under any law applicable to an injured worker. M.R. 39/97 Medical and hospital costs 115 The corporation is not liable for payment of insurance moneys under Division IV, V or VI, and no insurance moneys shall be paid, in respect of hospital or medical services paid for under The Health Services Insurance Act , or under any other law pursuant to which hospital or medical services are paid for under compulsory medical or hospital insurance legislation. Coverage excluded 116 The corporation is not liable for payment of insurance moneys under Division IV, V or VI where coverage is otherwise excluded by clause 79(b). Limit of liability 117(1) The corporation shall not pay insurance moneys under Division IV, V or VI, in an amount greater than $500,000 in aggregate, exclusive of costs, in respect of damages to one or more persons by reason of bodily injuries, death, or loss of, or damage to, property, arising out of any one accident; and where, in any one such accident by virtue of which one or more claims may be made under Division IV, V or VI, damages result by reason of bodily injuries, death, or loss of, or damage to, property, the claims arising out of loss of, or damage to, property have priority over claims arising out of bodily injuries or death, to the extent of $50,000. 117(2) With respect to claims arising out of accidents occurring before March 1, 1983, the amount of insurance moneys payable under Division IV, V or VI, shall not exceed the limits imposed under subsection (1) as it was in force at the time the accident occurred. M.R. 37/2020 Reduction of amount payable 118 The amount that the corporation is otherwise authorized to pay under Division IV, V or VI shall be reduced (a) subject to section 121, by such amount as the applicant has recovered, or is likely to recover, from the judgment debtor; (b) by the amount of benefits and insurance moneys that the corporation has paid or is liable to pay, to the applicant under Parts II and III, and where the applicant is an estate of a person by reason of whose death the corporation has paid or is liable to pay benefits or insurance moneys under Parts II and III, by the total amount of benefits and insurance moneys so paid; (c) by the amount that has been paid, or is payable, to or on behalf of, or in respect of, an applicant under The Health Services Insurance Act , or under any other compulsory health insurance legislation, enacted by the legislature or other competent law-making authority of any province, state or country; (d) by the amount that has been paid, or is payable, to or on behalf of the person who applies under Division IV, V or VI, under The Workers Compensation Act or other similar law providing for compensation to injured workers, enacted by the legislature, or other competent law-making authority of any province, state, or country; and (e) by the amount of benefits and insurance moneys that the corporation has not paid or has not assumed liability to pay, to the applicant under Parts II and III by reason of a violation of any term or condition of the Act or regulations by the applicant. M.R. 39/97 Recovery of over-payment 119 Any amount paid by the corporation in excess of the amount authorized by section 118 may be recovered by action brought by the corporation. Costs 120 The corporation may pay the costs awarded in an action against the owner or driver of a motor vehicle that is not designated in a valid and subsisting owner's certificate, and in respect of which coverage is not otherwise provided to the owner or driver thereof, for claims arising out of bodily injuries, death, or loss of or damage to the property of others, by any contract or policy of other insurance. Unreasonable delay or refusal to pay 121 The corporation shall not refuse, or unreasonably delay, payment to a person who is otherwise entitled to payment of insurance moneys, by reason of any remote or long-term possibility of recovery from the judgment debtor. DIVISION VIII GENERAL PROVISIONS Residence 122(1) For the purpose of this section, the residence of a person shall be determined as of the date of any motor vehicle accident, or incident arising out of the ownership, use, or operation of a motor vehicle, as a result of which damages are claimed. 122(2) The corporation shall not pay any amount under Division IV, V or VI to or on behalf of a person who ordinarily resides outside of Manitoba, unless that person resides in a jurisdiction by the laws of which recourse of a character substantially similar to that provided in those Divisions, is afforded to residents of Manitoba; and payment under this Part shall not include an amount that would not be payable by the law of the jurisdiction in which that person resides. Rights of corporation to act for insured and to reimbursement 123 Where coverage is provided by this Part, (a) the corporation is constituted and appointed irrevocably as attorney for the insured, to appear, and defend in any province of Canada any action that is brought against the insured arising out of the ownership, use, or operation of an insured vehicle; and (b) the insured shall reimburse the corporation, upon demand, the amount that the corporation has paid by reason of any statute relating to automobile insurance and which the corporation would not otherwise be liable to pay under this Part. Foreign financial responsibility requirements 124 Where the statutory minimum limit prescribed by the law of any other province, state or territory for insurance in respect of bodily injury to, or the death of, another, or loss of, or damage to the property of another, is greater than $500,000, the corporation is liable for the payment of a judgment rendered in that province, state or territory against an insured to the minimum limits prescribed by law for that province, state or territory. M.R. 39/2003 ; 37/2020 Other insurance 125 Where an insured named in an owner's certificate has, or places, any additional or other insurance, extending coverage in respect of claims arising out of bodily injuries, death, or the loss of, or damage to, the property, of another, arising out of the ownership, use, or operation of an insured vehicle, which, but for this section, would be within the limits of the liability of the corporation under this Part, the coverage provided by the other insurance is first loss insurance, and the coverage provided under this Part by the corporation is excess only, except where coverage under this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. Excess coverage 126 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 125 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. PART V OPTIONAL EXTENSION COVERAGE DIVISION I DEFINITIONS AND INTERPRETATION Definitions and interpretation 127(1) In this Part and in Part XIV, "class 0 coverage" means a reduction of the deductible specified in Part III from $1,000 to $300 for any of the following: (a) a private passenger vehicle, (b) a vehicle with a farming all purpose truck or fishing all purpose truck insurance use, (c) a motor home, (d) a vehicle with a pleasure truck or collector truck insurance use, (e) a vehicle with an all purpose truck insurance use, (f) a vehicle with a common carrier local passenger vehicle insurance use, (g) a vehicle for hire, (h) a motorcycle; (« garantie de classe 0 ») "class 3 coverage" means the extension of limits of liability of the corporation under Part IV from $500,000 to $1,000,000 providing that under this Part, (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $900,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $100,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de classe 3 ») "class 4 coverage" means the extension of limits of liability of the corporation under Part IV from $500,000 to $2,000,000 providing that under this Part, (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss or damage to property to the extent that $1,800,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $200,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de classe 4 ») "class 5 coverage" means the extension of limits of liability of the corporation under Part IV from $500,000 to $5,000,000 providing that under this Part, (a) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $4,500,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (b) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $500,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de classe 5 ») "class 6 coverage" means (a) despite the deductible amount specified in Schedule B, a deductible of $200, and (b) an extension of limits of liability of the corporation under Part IV from $500,000 to $5,000,000 providing that under this Part, (i) claims arising out of bodily injury or death shall have priority over claims arising out of the loss of or damage to property to the extent that $4,500,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act, and (ii) claims arising out of the loss of or damage to property shall have priority over claims arising out of bodily injury or death to the extent that $500,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act; (« garantie de classe 6 ») "class 9 coverage" means a reduction of the deductible specified in Part III from $1,000 to $200 for any of the following: (a) a private passenger vehicle, (b) a vehicle with a farming all purpose truck or fishing all purpose truck insurance use, (c) a motor home, (d) a vehicle with a pleasure truck or collector truck insurance use, (e) a vehicle with an all purpose truck insurance use, (f) a vehicle with a common carrier local passenger vehicle insurance use, (g) a vehicle for hire, (h) a motorcycle; (« garantie de classe 9 ») "class 10 coverage" means a reduction of the deductible specified in Part III from $1,000 to $500 for any of the following: (a) a private passenger vehicle, (b) a vehicle with a farming all purpose truck or fishing all purpose truck insurance use, (c) a motor home, (d) a vehicle with a pleasure truck or collector truck insurance use, (e) a vehicle with an all purpose truck insurance use, (f) a vehicle with a common carrier local passenger vehicle insurance use, (g) a vehicle for hire, (h) a motorcycle; (« garantie de classe 10 ») "class 11 coverage" means a reduction of the deductible specified in Part III from $1,000 to $750 for any of the following: (a) a private passenger vehicle, (b) a vehicle with a farming all purpose truck or fishing all purpose truck insurance use, (c) a motor home, (d) a vehicle with a pleasure truck or collector truck insurance use, (e) a vehicle with an all purpose truck insurance use, (f) a vehicle with a common carrier local passenger vehicle insurance use, (g) a vehicle for hire, (h) a motorcycle; (« garantie de classe 11 ») "comprehensive coverage" means the following: (a) for an owner's certificate that specifies class 0 coverage, coverage that waives the applicable deductible for loss or damage to the insured vehicle or its attached equipment if the loss or damage occurs (i) only to the windshield and windows of the vehicle and is repairable, or (ii) by reason of a collision with an animal or bird, (b) for an owner's certificate that specifies class 6 coverage or class 9 coverage, coverage that waives the applicable deductible for loss or damage to the insured vehicle or its attached equipment if the loss or damage occurs (i) only to the windshield and windows of the vehicle and is repairable, or (ii) by reason of (A) a collision with an animal or bird, (B) the theft or attempted theft of the vehicle, or (C) vandalism, (c) for an owner's certificate that specifies class 10 or class 11 coverage, coverage that waives the applicable deductible for loss or damage to the insured vehicle or its attached equipment if the loss or damage occurs only to the windshield and windows of the vehicle and is repairable; (« garantie totale ») "coverage" means extension insurance under this Part; (« garantie ») "deductible" means an amount for which and under which the corporation is not liable to an insured for loss of or damage to his or her insured vehicle or such permanently attached equipment as is related to the primary use of that vehicle; (« franchise ») "insured" means a person named in an owner's certificate who, under the Automobile Insurance Plan Regulation , has purchased extension insurance under this Part; (« assuré ») "insured vehicle" means a vehicle which is designated in a valid and subsisting owner's certificate wherein extension insurance is specified under this Part; (« véhicule assuré ») "rider protective clothing" means any of the following made of leather or other safety material and worn as safety protective clothing while riding on or operating a motorcycle, but excluding protective rain gear: (a) a jacket, (b) chaps, (c) boots, (d) gloves. (« vêtement protecteur du conducteur ») 127(2) The expression "qualified and authorized by law to drive" where it appears in Parts III and IV, shall be deemed, for the purpose of this Part, to read "authorized by law or qualified to drive", notwithstanding the policy conditions contained in Parts III and IV. M.R. 50/89; 38/90; 27/92; 15/93; 25/95; 22/96; 39/97; 22/98; 140/2000 ; 26/2001 ; 30/2002 ; 39/2003 ; 5/2005 ; 36/2006 ; 31/2007 ; 45/2009 ; 41/2014 ; 159/2015 ; 22/2017 ; 19/2018 ; 41/2019 ; 37/2020 ; 39/2025 ; 9/2026 DIVISION II COVERAGE Classes of extension insurance 128 An owner's certificate in respect of a private passenger vehicle, common carrier local passenger vehicle, vehicle for hire, motor home, farm truck, fishing truck, pleasure truck, collector trucks, all purpose truck, motorcycle or moped may specify one class of extension insurance under this Part in either or both of the following categories, namely; (a) Category A (i) Class 3 coverage, (ii) Class 4 coverage, or (iii) Class 5 coverage, (iv) and (v) [repealed] M.R. 39/2025 ; (b) Category B (i) Class 0 coverage, (i.1) [repealed] M.R. 9/2026 , (ii) Class 9 coverage, (iii) Class 10 coverage, or (iv) Class 11 coverage; and where in that owner's certificate a class coverage is specified for either or both of those categories, the owner's certificate shall be prima facie proof of extension insurance in the class or classes of coverage specified. M.R. 50/89; 15/93; 25/95; 22/96; 22/98; 140/2000 ; 26/2001 ; 30/2002 ; 41/2014 ; 22/2017 ; 19/2018 ; 41/2019 ; 37/2020 ; 39/2025 ; 9/2026 Class 6 extension insurance 128.1(1) An owner's certificate in respect of a vehicle for which a temporary registration permit has been issued under section 22 of the Vehicle Registration Regulation , may specify class 6 extension insurance under this Part and where, in that owner's certificate, class 6 coverage is specified, the owner's certificate shall be prima facie proof of class 6 extension insurance. 128.1(2) Only a resident of Manitoba is eligible to purchase class 6 coverage. M.R. 5/2005 ; 36/2006 Rider protective clothing 128.2(1) Where an owner's certificate specifies extension coverage under clause 128(b) for a motorcycle, the corporation shall provide coverage, subject to the deductible, for loss or damage to rider protective clothing caused directly by accidental collision with another object either moving or stationary, or by accidental upset. 128.2(2) Coverage provided under subsection (1) shall be the actual cash value of the rider protective clothing to a maximum of $1,500 per individual rider or operator. M.R. 31/2007 Terms and conditions of Part IV applicable to increased PL and PD limit 129 Where an owner's certificate specifies coverage under clause 128(a) or section 128.1 as it pertains to Part IV coverage, the terms, exclusions and policy conditions contained in Part IV apply, with such modifications as the circumstances require, unless under this Part, any such term, exclusion or policy condition is expressly abrogated. M.R. 5/2005 Terms and conditions of Part III applicable to reduced deductible extension 130 Where an owner's certificate specifies coverage under clause 128(b) or section 128.1 as it pertains to Part III coverage, the terms, exclusions and policy conditions contained in Part III apply, with such modifications as the circumstances require, unless, under this Part, any such term, exclusion, or policy condition is expressly abrogated. M.R. 5/2005 Increased public liability and property damage 131 Where an owner's certificate specifies coverage under clause 128(a) or section 128.1 as it pertains to Part IV coverage, the coverage under Part IV is extended to include (a) Class 3 coverage, if specified; (b) Class 4 coverage, if specified; or (c) Class 5 coverage, if specified; (d) and (e) [repealed] M.R. 39/2025 . M.R. 15/93; 22/96; 22/98; 5/2005 ; 22/2017 ; 39/2025 Reduced deductible and comprehensive 132 Where an owner's certificate specifies coverage under clause 128(b) or section 128.1 as it pertains to Part III coverage, the coverage under Part III is extended to include comprehensive coverage and (a) Class 0 coverage, if specified; (a.1) [repealed] M.R. 9/2026 ; (b) Class 9 coverage, if specified; (c) Class 10 coverage, if specified; or (d) Class 11 coverage, if specified. M.R. 26/2001 ; 30/2002 ; 5/2005 ; 37/2020 ; 9/2026 Meaning of expressions in applications and certificates 133 In an application for an owner's certificate and in an owner's certificate the expression (a) "$300 deductible all perils" means Class 0 coverage; (b) [repealed] M.R. 9/2026 ; (c) [repealed] M.R. 37/2020 ; (d) "$1,000,000 third party liability" means Class 3 coverage; (e) "$2,000,000 third party liability" means Class 4 coverage; (f) "$5,000,000 third party liability" means Class 5 coverage; (g) and (h) [repealed] M.R. 39/2025 ; (i) "$200 deductible all perils" means Class 9 coverage; (j) "$500 deductible all perils" means Class 10 coverage; and (k) "$750 deductible all perils" means Class 11 coverage. M.R. 27/92; 15/93; 22/96; 22/98; 30/2002 ; 22/2017 ; 37/2020 ; 39/2025 ; 9/2026 Limitation re temporary registration permits 133.1 Section 133 is not applicable to an owner's certificate in respect of a vehicle for which a temporary registration permit has been issued under section 22 of the Vehicle Registration Regulation . M.R. 5/2005 ; 36/2006 Interpretation: class 6 coverage 133.2 In an application for an owner's certificate and in an owner's certificate for a vehicle for which a temporary registration permit has been issued under section 22 of the Vehicle Registration Regulation , the expressions "$200 deductible all perils" and "$5,000,000 third party liability" are to be interpreted as meaning class 6 coverage. M.R. 5/2005 ; 36/2006 Liability not to exceed $5,000,000 134 If any of the classes of coverage in clause 128(a) are designated in an owner's certificate in respect to an insured vehicle, and any other coverage issued by the corporation in respect to that insured vehicle, are in force concurrently, making the aggregate of the coverage for liability imposed by law in excess of $5,000,000, the excess coverage shall be void and all premiums paid for that excess coverage shall be refunded to the insured. M.R. 15/93; 39/97; 5/2005 ; 22/2017 ; 39/2025 Liability not to exceed $5,000,000 (class 6 coverage) 134.1 If the class of coverage in section 128.1 is designated in an owner's certificate in respect of an insured vehicle, and any other coverage issued by the corporation in respect to that insured vehicle is in force concurrently making the aggregate of the coverage for liability imposed by law in excess of $5,000,000, the excess coverage shall be void and all premiums paid for that excess coverage shall be refunded to the insured. M.R. 22/2017 Other drivers of vehicle 135(1) Subject to subsection (2), where, in an owner's certificate, class 3 coverage, class 4 coverage or class 5 coverage is specified, coverage arising out of the owner's certificate in respect of the insured vehicle designated therein, is further extended (a) to the named insured; (b) to the named insured's spouse; and (c) to a partner or employee of a firm or corporation in the name of which the insured vehicle is registered, where the vehicle is provided for that partner or employee for his or her regular use; while any such person drives or operates a vehicle other than the insured vehicle, in respect of damages in the amount specified, for liability imposed by law in respect of bodily injury to, or the death of, another person, or in respect of loss of, or damage to, the property of another person in Canada or the United States of America. 135(2) Coverage under this section is excess only to the amount by which any such person is insured in respect of the death or injury of another person or loss or damage to the property of another person under or by virtue of a contract or policy of other insurance; or, if a vehicle other than the insured vehicle is designated in an owner's certificate, the coverage provided under this section is excess only to the amount for which coverage is provided by virtue of that owner's certificate.

135(3) For the purpose of subsection (1), a "vehicle other than the insured vehicle" means a vehicle of a design or construction that is required, or would, if owned and operated in Manitoba, be required, to be designated in a registration card, the operation of which is authorized by the law of any province or territory of Canada, or state of the United States, while that vehicle is used temporarily, but for a period not exceeding 30 consecutive days, in place of, instead of, or in substitution for, a vehicle owned by the insured and designated in an owner's certificate in which either class 3 coverage, class 4 coverage or class 5 coverage is specified, if (a) the named insured, the named insured's spouse, or a partner or employee referred to in clause (1)⁠(c) is not driving that vehicle in connection with the business of selling, repairing, maintaining, servicing, storing, or parking of automobiles; (b) that vehicle is not owned, hired, or leased by an employer of the insured, or is not a vehicle that is being used in place of, instead of, or in substitution for, a vehicle owned by the employer; (c) that vehicle is not owned, hired, or leased by the spouse of the insured, or by any person residing in the same dwelling premises as the insured; and (d) that vehicle is not frequently used by the insured, by the insured's spouse, or by an employee or partner referred to in clause (1)⁠(c). M.R. 27/92; 15/93; 22/96; 22/98; 22/2017 ; 39/2025 Class and coverage specified 136 Where, in an owner's certificate, class 3 coverage, class 4 coverage or class 5 coverage is specified, coverage is further extended to an insured named therein, limited to the amount specified, for liability imposed by law in respect of bodily injury to, or the death of, another person or in respect of loss of, or damage to, the property of another arising out of the ownership, use or operation of a trailer towed by the insured vehicle in Canada, in the United States of America, or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port, if (a) the trailer is not designated or used for the carriage of passengers or for demonstration, sales, office, or dwelling purposes; and (b) the trailer, if required to be designated in an owner's certificate, is so designated. M.R. 15/93; 22/96; 22/98; 22/2017 ; 39/2025 PART VI EXCESS VALUE COVERAGE Excess value coverage 137(1) Subject to section 138, an insured who applies and pays the premium for excess value coverage is entitled to have his or her coverage in respect of the insured vehicle and its equipment extended from the maximum amount payable under Part III, X or XI of this regulation, to the actual cash value declared in the application for an owner's certificate in respect of the insured vehicle. 137(2) The following vehicles are eligible for excess value coverage under this section: (a) a vehicle registered under subsection 43(2) of The Drivers and Vehicles Act ; (b) any of the following vehicles, as defined in the Automobile Insurance Plan Regulation : (i) all purpose truck, (ii) farming all purpose truck, (iii) fishing all purpose truck, (iv) motor home, (v) pleasure truck, (vi) private passenger vehicle, (vii) collector passenger vehicle, (viii) common carrier local passenger vehicle, (ix) vehicle for hire, (x) school bus, (xi) trailer, (xii) collector truck, (xiii) motorcycle, (xiv) moped. M.R. 90/95; 185/98; 17/2010 ; 54/2015 ; 50/2019 ; 37/2020 Coverage limited to actual cash value 138 Notwithstanding section 137, the corporation is not liable for any amount claimed thereunder which, together with an amount payable under Part III, X or XI, is greater than the actual cash value of the insured vehicle. M.R. 185/98; 54/2015 Evidence of excess value coverage 139 Evidence of excess value coverage shall be provided upon request by an insured who has paid a premium established by the corporation, but the acceptance of a premium for excess value coverage binds the corporation with or without any such evidence. M.R. 90/95; 39/97; 50/2019 PART VII UNDERINSURED MOTORIST COVERAGE Definitions 140 In this Part, "dependent relative" means (a) a person under the age of 18 years and who is dependent upon an insured, (b) a person of 18 years of age or over, who, by reason of mental or physical infirmity, is unable to provide himself or herself with the necessaries of life, and who is dependent upon an insured, (c) a person of 18 years of age or over, who is enrolled, and in full-time regular attendance, at a university, technical or professional training school, or other recognized institution of learning, and who is dependent upon an insured, (d) any relative of the named insured or of the spouse of the named insured residing in the same dwelling premises and who is dependent upon the named insured or the spouse of the named insured, (e) any other relative of the named insured or of the spouse of the named insured while an occupant of an insured motor vehicle, provided that that person does not own an automobile which is licenced in any jurisdiction of Canada where underinsured motorist coverage is available, or (f) any relative of the named insured or of the spouse of the named insured who resides in the same dwelling premises as the named insured and who does not own an automobile which is licenced in any jurisdiction in Canada where underinsured motorist coverage is available; (« parent à charge ») "eligible claimant" means (a) the insured person sustaining bodily injury, or (b) any other person who in the jurisdiction in which the accident occurred is entitled to maintain an action against the underinsured motorist for damages because of the death of an insured person; (« requérant admissible ») "insured" means (a) a person who is named in an owner's certificate issued in respect of an insured motor vehicle and his or her spouse and any dependent relative while any such person is (i) an occupant of such insured motor vehicle, (ii) an occupant of any other motor vehicle which qualifies for underinsured motorist coverage, but excepting a person who owns such a motor vehicle or leases it for a period in excess of 30 days, or (iii) not an occupant of a motor vehicle, but is in collision with, or struck down, or run over by a motor vehicle, (b) a partner or an employee of a company, whether incorporated or unincorporated, which is named in an owner's certificate issued in respect of an insured motor vehicle that is provided for his or her regular use and includes his or her spouse and any dependent relative in the circumstances referred to in subclauses (a)⁠(i), (ii) and (iii); (« assuré ») "insured motor vehicle" means a motor vehicle designated in a valid and subsisting owner's certificate that includes coverage referred to in section 36 of the Automobile Insurance Plan Regulation or any other motor vehicle in respect of which such owner's certificate applies; (« véhicule automobile assuré ») "underinsured motorist" means the identified owner or identified driver who, at the time of the motor vehicle accident causing death or bodily injury to the insured, is legally liable for but unable to fully discharge the damages recoverable by the insured or the insured's personal representative either for bodily injury suffered by the insured in the accident or for the death of the insured resulting from the accident. (« automobiliste mal assuré ») M.R. 50/2019 ; 37/2020 Application of Part VII 140.1 Notwithstanding this regulation and the Automobile Insurance Plan Regulation , this Part does not apply to a bodily injury or death that occurs on or after March 1, 1994. M.R. 43/94; 37/2020 Coverage 141 Subject to the Act and this regulation, under this Part the corporation shall indemnify each eligible claimant for the amount that such eligible claimant is legally entitled to recover from an underinsured motorist as compensatory damages in respect of bodily injury or death sustained by an insured person in a motor vehicle accident that occurs in Canada or the United States of America. Reduction of amount payable under this Part 142 The amount payable under this Part shall be reduced by the following: (a) any amount payable as indemnity under any policy, owner's certificate or plan of insurance affording legal liability coverage to the underinsured motorist; (b) any amount paid or payable under Part IV or any similar fund or funds applicable in any province or state in which the accident occurred; (c) any amount paid or payable under Part II or any other similar no fault accident benefits plan; (d) any amount of damages paid directly by the underinsured motorist; (e) any amount payable from a cash deposit or bond given in lieu of proof of financial responsibility by the underinsured motorist; (f) any amount to which the insured is entitled under The Workers Compensation Act or a similar law of another jurisdiction in which the accident occurred. No payment under this Part 143 The corporation shall not pay insurance moneys under this Part (a) in respect of punitive, exemplary, aggravated or other damages, the reward of which is based in whole or in part on the conduct of the underinsured motorist or person jointly liable therewith, to the extent that the said damages are not for the purpose of compensating the eligible claimant for actually incurred losses; (b) any amount with respect to costs; (c) to reimburse or otherwise indemnify another insurer in respect of the amount paid or payable by that other insurer by reason of the existence of a policy of insurance within the meaning of The Insurance Act ; (d) to reimburse or otherwise indemnify the Worker's Compensation Board in respect of payments made by it, under The Workers Compensation Act or to reimburse or otherwise indemnify a similar board or compensating body in respect of payments made by it under any law applicable to an injured worker; (e) in respect of hospital or medical services paid for under The Health Services Insurance Act , or under any other law pursuant to which hospital or medical services are paid for under compulsory medical or hospital insurance legislation. M.R. 38/90; 39/97 Amount recoverable by claimant 144 The amount that an eligible claimant is legally entitled to recover shall be determined as follows: (a) issues of quantum shall be decided in accordance with the law of the province governing the policy and issues of liability shall be decided in accordance with the law of the place where the accident occurred; (b) no findings of a court with respect to issues of quantum or liability are binding on the corporation unless the corporation was provided with a reasonable opportunity to participate in those proceedings as a party. Total amount payable to claimants 145(1) Regardless of the number of persons who may claim as a result of one accident caused by an underinsured motorist, the amount payable under this Part shall be the amount by which the limit of underinsured motorist 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 underinsured motorist. 145(2) Where coverage under this Part applies as excess, the amount payable under this Part is the amount determined in accordance with subsection (1), less the amounts available to eligible claimants under any first loss insurance as referred to in sections 150 and 151. No liability of corporation 146 The corporation is not liable under this Part (a) in respect of any accident which occurs in any province or territory of Canada or state or district of the United States of America where the right to sue and recover damages for bodily injury or death caused by a motor vehicle accident is barred by law; (b) to an eligible claimant who without written consent of the corporation makes directly or through a representative any settlement with or prosecutes to judgment any action against any person who may be legally liable to the eligible claimant for bodily injury or death for which coverage extends under this Part. 147 An eligible claimant who intends to make an application for payment of an indemnity under this Part shall (a) give written notice of all relevant facts to the corporation within 90 days of the accident; (b) provide the corporation with copies of any statement or reports relating to the incident or accident out of which the bodily injury or death was sustained; (c) furnish the corporation with any other relevant information of which the eligible claimant is aware; and (d) set out the names and addresses of all persons against whom an eligible claimant may reasonably be considered as having a cause of action in respect of damages arising out of the bodily injury or death. 148 The corporation, on making any payment pursuant to this Part, is subrogated to all rights of the eligible claimant to recover against any person the amount of the payment, and the corporation may bring action in the name of the eligible claimant to enforce such rights of recovery. 149 The terms and conditions set out in Parts IV and V apply to this Part except where inconsistent with this Part. 150 Where an eligible claimant is entitled to underinsured motorist coverage under more than one insuring agreement, whether by way of an owner's certificate or a policy, insurance on the motor vehicle of which the eligible claimant is an occupant is first loss insurance and insurance under any other insuring agreement is excess insurance. 151 Where more than one owner's certificate affords underinsured motorist coverage under this Part for one accident causing death or bodily injury to an eligible claimant, the eligible claimant shall be indemnified pursuant to only one owner's certificate affording coverage under this Part, that owner's certificate being the one issued for the highest limit of underinsured motorist coverage, but if more than one applicable owner's certificate has been issued for the same highest limit of underinsured motorist coverage, the corporation in its sole discretion shall determine the one owner's certificate that shall apply. PART VIII COMPULSORY UNDERINSURED MOTORIST COVERAGE Application of Part VIII 151.1 Notwithstanding this regulation and the Automobile Insurance Plan Regulation , this Part does not apply to a bodily injury or death that occurs on or after March 1, 1994. M.R. 43/94; 37/2020 Coverage 152 Subject to the Act and this regulation, under this Part the corporation shall indemnify each eligible claimant for the amount that such eligible claimant is legally entitled to recover from an underinsured motorist as compensatory damages in respect of bodily injury or death sustained by an insured person in a motor vehicle accident that occurs in Canada or the United States of America. M.R. 50/89 Total amount payable to claimants 153 Regardless of the number of persons who may claim as a result of one accident caused by an underinsured motorist, the amount payable under this Part shall be the amount by which $500,000 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 underinsured motorist. M.R. 50/89; 37/2020 Terms and conditions of Part VII applicable to compulsory underinsured motorist coverage 154 The terms, exclusions and policy conditions contained in Part VII apply to compulsory underinsured motorist coverage with such modifications as the circumstances require, unless, under this Part any such term, exclusion, or policy condition is expressly abrogated. M.R. 50/89 PART IX AUTO LOSS OF USE EXTENSION INSURANCE DIVISION I DEFINITIONS AND INTERPRETATION Definitions and interpretation 155(1) In this Part, "all purpose moped" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« cyclomoteur (tarif universel) ») "all purpose motorcycle" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« motocyclette (tarif universel) ») "artisan truck" means a truck that does not have a body style as described in Schedule C of the Automobile Insurance Plan Regulation and is used by a gardener, greenhouser, horticulturist or tradesperson for the purpose of carrying tools, material and equipment to perform the duties of his or her trade, for the delivery of goods or for incidental estimating of work directly related to his or her trade; (« camion d'artisan ») "common carrier local passenger vehicle" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« véhicule de tourisme de transport public local ») "common carrier truck" means a truck used within a city or municipality as a local common carrier, except a vehicle operated exclusively under contract to one contractee; (« camion de transport public ») "common private contract passenger vehicle" means a passenger vehicle used to carry the property of persons other than the owner of the vehicle more than 161 kilometres outside of Manitoba and for which passenger vehicle plates are issued; (« véhicule de tourisme de transport public, privé, à contrat ») "coverage" means extension coverage under this Part; (« garantie ») "disabled persons passenger vehicle" means a passenger vehicle used for the transportation of the physically disabled; (« véhicule de tourisme pour personnes handicapées ») "eligible vehicle" means a private passenger vehicle, a common carrier local passenger vehicle, a vehicle for hire, a motorcycle other than a motorcycle used as a u-drive, a moped other than a u-drive moped or a truck which has a gross vehicle weight not exceeding 4,540 kilograms and which is not an antique vehicle, disabled persons passenger vehicle, logging truck, petroleum chemical truck, tow truck or a vehicle kept by an auto dealer for demonstration or sale and is not used as a u-drive, emergency vehicle, artisan truck, common carrier truck, common private contract passenger vehicle, funeral passenger vehicle, or other truck; (« véhicule admissible ») "emergency vehicle" has the same definition it has in The Highway Traffic Act ; (« véhicule d'urgence ») "funeral passenger vehicle" means a passenger vehicle or hearse with operations restricted to funerals; (« véhicule de tourisme funèbre ») "insured" means a person named in an owner's certificate who, under the Automobile Insurance Plan Regulation , has purchased auto loss of use extension insurance; (« assuré ») "insured vehicle" means an eligible vehicle which is designated in a valid and subsisting owner's certificate in which auto loss of use extension insurance is specified; (« véhicule assuré ») "logging truck" means a truck used to transport logs, pulpwood, shavings, rough lumber or ties; (« grumier ») "other truck" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« autre camion ») "petroleum chemical truck" means a truck used to transport gasoline, oil, propane or other petroleum products or used to transport explosives or radioactive materials; (« camion citerne servant au transport du pétrole ou de produits chimiques ») "pleasure moped" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« cyclomoteur de plaisance ») "pleasure motorcycle" has the same meaning as it has in Schedule B of the Automobile Insurance Plan Regulation ; (« motocyclette de plaisance ») "private passenger vehicle" has the same meaning as it has in section 16 of the Automobile Insurance Plan Regulation ; (« véhicule de tourisme privé ») "tow truck" means a truck equipped with a device or apparatus affixed to the truck chassis, that is able to raise and attach another vehicle to the truck for the purpose of moving that other vehicle; (« dépanneuse ») "u-drive" means a passenger vehicle, truck, motorcycle or moped that is leased for a period of 30 days or less to members of the public. (« véhicule loué sans chauffeur ») 155(2) The expression "qualified and authorized by law to drive" where it appears in Part III shall be deemed, for the purpose of this Part, to read "authorized by law or qualified to drive", notwithstanding the policy conditions contained in Part III. M.R. 140/2000 ; 26/2001 ; 36/2006 ; 31/2007 ; 39/2008 ; 17/2011 ; 54/2015 ; 19/2018 ; 41/2019 ; 50/2019 ; 37/2020 DIVISION II COVERAGE Auto loss of use coverage 156(1) Coverage provided by this Part applies only to claims by or on behalf of an insured as reimbursement for expenses reasonably incurred by or on behalf of the insured for rental of a substitute vehicle, or the use of a vehicle for hire or a public means of transportation, resulting from the loss of use of the insured vehicle due to a loss covered (a) under Part III; or (b) under Part XI, where Part III coverage is also provided. 156(2) [Repealed] M.R. 19/2018 M.R. 140/2000 ; 26/2001 ; 54/2015 ; 19/2018 Limits 157 Coverage provided under this Part is subject to one of the following daily and total limits, depending on the level of coverage specified in the owner's certificate for the insured vehicle: (a) for an insured vehicle, other than an eligible motorcycle or moped, $50 per day or $1,500 in total, plus all applicable taxes; (b) for an insured vehicle that is an eligible motorcycle or a moped, (i) $50 per day or $1,500 in total, plus all applicable taxes, or (ii) $120.54 per day or $3,616.20 in total, plus all applicable taxes. M.R. 140/2000 ; 30/2002 ; 36/2006 ; 54/2015 ; 52/2022 ; 2/2025 157.01 [Repealed] M.R. 110/2022 ; 119/2023 ; 2/2025 157.1 [Repealed] M.R. 52/2022 ; 2/2025 Reimbursement 158 Reimbursement is limited to expenses covered under section 156 incurred commencing (a) at the time the loss or damage occurs if the insured vehicle cannot be operated under its own power; (b) in the case of theft of the entire vehicle, at 12:01 a.m. local time, the day following the report of such theft to the corporation or to the police; (c) in other cases, at the time the insured vehicle is delivered for repair due to the loss or damage; and terminating regardless of the expiration of the policy period, upon (i) the date of completion of repairs or replacement of the property lost or damaged, or (ii) upon such earlier date that the corporation makes or tenders settlement of the loss or damage. M.R. 140/2000 Excess coverage 159 Coverage under this Part is excess only to the coverage which is provided under subsection 50(3). M.R. 140/2000 ; 26/2001 Separate claims 160 Every occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 140/2000 161 [Repealed] M.R. 140/2000 ; 30/2002 DIVISION III CONDITIONS OF COVERAGE Coverage is subject to the following conditions 162 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. M.R. 140/2000 Reporting 163 Where the insured is a person required to furnish a report under subsections 6(4), 6(5) and 6(6) of the Act, he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. M.R. 140/2000 Requirements upon occurrence of loss 164 Upon the occurrence of any loss insured under this Part, the insured shall (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 60, to the corporation, with the fullest information available at the time, and at the expense of the corporation; (b) deliver, if required by the corporation, but subject to section 64, within 90 days of the loss, a statutory declaration stating to the best of the insured's knowledge and information, the time, the cause and the amount of the loss, the interest of the insured, and all others therein, all other like insurance relating to the insured vehicle, whether valid or invalid and stating that the loss was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. M.R. 140/2000 Waiver of declaration 165 The corporation may waive the requirement for statutory declaration under clause 164(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. M.R. 140/2000 Examination under oath 166 The insured shall submit to examination, under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom, to be made. M.R. 140/2000 Other insurance of the same interest 167 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless the Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. M.R. 140/2000 Private extension insurance 168 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 167 affects the validity of that policy, and where such a policy is in effect, the liability for the corporation under this Part shall be ascertained as if no other insurance were in effect. M.R. 140/2000 ; 30/2004 Time of payment 169 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it. M.R. 140/2000 No notice or statutory declaration by insured 170 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. M.R. 140/2000 PART X OPTIONAL LAY-UP VEHICLE EXTENSION INSURANCE DIVISION I COVERAGE Definitions 171 In this Part, "deductible" means an amount for which and under which the corporation is not liable to an insured for loss of or damage to his or her vehicle or such permanently attached equipment as is related to the primary use of that vehicle; (« franchise ») "insured" means a person who is named in a valid and subsisting owner's certificate and who, under the Automobile Insurance Plan Regulation , has purchased optional lay-up vehicle extension coverage; (« assuré ») "insured vehicle" means a lay-up vehicle, as defined in the Automobile Insurance Plan Regulation , that is designated in a valid and subsisting owner's certificate in which optional lay-up vehicle extension coverage is specified; (« véhicule assuré ») "maximum insured value" in relation to a lay-up vehicle, means the maximum amount for which the vehicle can be insured under this regulation, and shall be the actual cash value of the vehicle, to a maximum of, (a) for a passenger vehicle, truck, or truck tractor, $70,000, and (b) for a motor home, the lesser of (i) $70,000, or (ii) the amount specified in the owner's certificate, unless excess value coverage is available and purchased under Part VI, in which case the maximum insured value shall be the actual cash value of the vehicle as declared in the application for an owner's certificate. (« valeur assurée maximale ») M.R. 185/98; 26/2001 ; 31/2007 ; 37/2020 Coverage 172 Coverage provided by this Part applies only to claims by or on behalf of an insured in respect of loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle. M.R. 185/98 Perils covered — Comprehensive coverage 173(1) Subject to the Act and this regulation, coverage is, by this Part, provided to an insured for direct and accidental loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle that occurs within the boundaries of the province of Manitoba, arising out of any peril, including loss or damage caused by missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion, but excluding loss or damage caused by collision with another object or by upset, unless loss or damage is caused by collision of any conveyance in or upon which the vehicle is being transported on land or water. 173(2) In subsection (1), "another object" includes a trailer or another vehicle to which the insured vehicle is attached, the surface of the ground and any object in or on the trailer or other vehicle or on the ground. 173(3) Where loss or damage for which coverage is provided under subsection (1) occurs, the corporation shall, in addition to any other amount payable under this Part, pay to, or on behalf of, an insured any salvage and fire department charges for which the insured is legally liable. 173(4) Each occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 185/98; 30/2002 ; 39/2003 Deductible 174 The liability of the corporation under this Part is limited to the amount of loss and damage to the insured vehicle or its equipment in excess of the following deductible amounts: (a) where the loss or damage occurs by reason of the theft of the entire vehicle, nil; (b) in any other case, $200. M.R. 185/98; 37/2020 Where no liability 175 The corporation is not liable, under section 173, for loss or damage (a) to tires, or consisting of, or caused by, mechanical fracture or breakdown of any part of the insured 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 for which coverage is otherwise provided under section 173, or is caused by fire, theft, or malicious mischief; (b) caused by the conversion, embezzlement, theft, or secretion by any person in lawful possession of an insured vehicle under a mortgage, conditional sale, lease, or other similar written agreement; (c) caused by the voluntary parting with title or ownership, whether or not the insured is induced to do so by any fraudulent scheme, trick, device, or false pretence; (d) caused directly or indirectly through contamination by radioactive material; (e) to contents of insured vehicles; (f) to tape and equipment for use with a tape player or recorder, when detached therefrom; (g) arising out of theft by any person residing in the same dwelling unit or premises as the insured, or by an employee of the insured engaged in the operation, maintenance, or repair of the insured vehicle, whether the theft occurs in the hours of such service or employment or not; (h) to any vehicle owned by the Government of Canada, or to any vehicle owned by the government of any foreign jurisdiction, or any fire department vehicle owned by any governmental authority or a municipality; (i) subject to clauses (h), (j), (k) and (l), to any vehicle in excess of its maximum insured value; (j) to an antique vehicle; (k) to a specially constructed camper unit which is equipped with living accommodations mounted on the body of insured vehicles, and which is removable; (l) to any permanently attached audio, video, communication and non-integral electronic data processing devices and their accessories for any amount per incident or accident in excess of the total value of the lost or damaged devices, including installation costs, or $1,000, whichever is the lesser, unless, where the device is an audio, video or communication device, the make and model of audio, video or communication device was installed by the vehicle manufacturer as standard equipment or manufacturer-installed optional equipment on the vehicle for its particular model year, in which case those limits do not apply; or (m) arising out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured vehicle that sustains loss or damage is participating in the event or activity. M.R. 185/98; 33/99; 36/2006 ; 188/2014 DIVISION II CONDITIONS OF COVERAGE Coverage subject to the following conditions 176 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. M.R. 185/98 Giving of notice 177 Upon the happening of any loss or damage for which coverage is provided under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the loss or damage. M.R. 185/98 Acts of war 178 The corporation is not liable for loss or damage that is caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by operations of armed forces while engaged in hostilities, whether or not war has been declared. M.R. 185/98; 30/2002 Obligation of vehicle owner to protect from rodents 178.1 The corporation is not liable for loss or damage that is caused by mammals of the order of rodentia when the corporation determines that the insured named in an owner's certificate has not taken reasonable precautions to protect the insured vehicle from such loss or damage. M.R. 27/2017 Reporting 179 Where the insured is a person required to furnish a report under subsection 6(4) or 6(6) of the Act, he or she will comply therewith in every particular, and the onus of proving that compliance is upon the insured. M.R. 185/98 Requirements upon occurrence of loss 180 Upon the occurrence of any loss or damage to a vehicle designated in an owner's certificate, the insured shall, if the loss or damage is insured under this Part, (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 179, to the corporation, with fullest information available at the time, and at the expense of the corporation, and as far as reasonably possible, and subject to sections 181 and 182, protect the vehicle from further loss or damage; and (b) deliver, if required by the corporation, but subject to section 183, within 90 days of the loss or damage, a statutory declaration stating to the best of the insured's knowledge and information, the place, the time, the cause and the amount of the loss or damage, the interest of the insured, and all others therein, the encumbrances thereon, all other insurance relating to the insured vehicle, whether valid or invalid, and stating that the loss or damage was not willfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. M.R. 185/98 Loss not recoverable 181 Any further loss or damage, to which reference is made in clause 180(a), accruing directly or indirectly from failure to protect is not recoverable under this Part. M.R. 185/98 Repairs 182 No repairs shall be undertaken, and no physical evidence of the loss or damage shall be removed, without the written consent of the corporation, except such repairs as are immediately necessary for the protection of the vehicle from further loss or damage, until the corporation has had a reasonable time to make the inspection referred to in section 191. M.R. 185/98 Waiver of declaration 183 The corporation may waive the requirement for a statutory declaration under clause 180(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. M.R. 185/98 Examination under oath 184 The insured shall submit to examination, under oath, and shall produce for examination, at such reasonable time and place as designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom, to be made. M.R. 185/98 Insurance money not more than actual value of property 185 The corporation is not liable beyond the actual cash value of the vehicle at the time that any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed what it would cost to repair or replace the vehicle or any part thereof, as the case may be, with material of the like kind and quality; but if any part of the vehicle is obsolete and out of stock, the liability of the corporation in respect thereof, is limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price. M.R. 185/98 Corporation may repair, replace, or rebuild 186 Except where an appraisal under section 189, has been made, the corporation, instead of making payment, may, within a reasonable time, repair, rebuild, or replace the property damaged or lost with other material or property of a like kind and quality, if, within seven days after receipt of proof of loss, it gives written notice of its intention to do so. M.R. 185/98 Abandonment without consent 187 There shall be no abandonment of the insured vehicle to the corporation without the consent of the corporation, and if the corporation exercises the option to replace the insured vehicle or pays the actual cash value of the vehicle, the salvage, if any, vests in the corporation. M.R. 185/98 Payment of loss to insured and others 188 Where the corporation elects not to repair, replace, or rebuild the insured vehicle, but instead to pay the actual cash value of the loss or damage, and the corporation is aware of the existence of the interest of another person in the insured vehicle, the corporation may make payment of insurance moneys jointly to the insured and that other person. M.R. 185/98 Settlement of dispute as to quantum or adequacy of repairs 189(1) Where there is disagreement as to the nature and extent of the repairs and the replacements required, or as to the adequacy, if affected, or as to the amount of insurance moneys payable in respect of any loss or damage, the question shall be determined by appraisers before recovery can be had under this Part; and in that event, there shall be a determination by appraisers, independent of all other questions, and whether or not coverage is admitted by the corporation under this Part. 189(2) Where there is a dispute as referred to in subsection (1), the insured and the corporation shall each nominate an appraiser to act on his, her or its behalf and shall notify the other of the name, address, and telephone number of the appraiser nominated by him, her or it. 189(3) Should one of the parties fail to nominate or give the notice required in subsection (2), within five days of his, her or its receipt of such a notice from the other party, the party who or which has failed to give notice shall be deemed to concur in the appraisal or estimate originally proposed by the other party, and the parties are bound thereby. 189(4) Where both parties have nominated appraisers under subsection (2), the two appraisers shall meet or communicate within five days of the receipt of the notice by the second of the parties to receive notice, and shall attempt to settle the matter or matters in dispute, and an award made pursuant to such a settlement is binding upon the parties. 189(5) Where the appraisers cannot agree, they may, by mutual agreement upon the appointment of an independent umpire, refer the matter or matters in dispute to the umpire for final determination, and in that event the decision of the umpire is final and binding. 189(6) Where the appraisers are unable to agree upon the appointment of an independent umpire, any appraiser or party may apply to a Court of King's Bench judge to appoint an umpire; and the Court of King's Bench judge to whom application is made, shall appoint an umpire within five days of the date of the application, and the decision of an umpire so appointed by a judge is final and binding. 189(7) Each party shall pay the appraiser nominated by him, her or it, and the parties shall bear equally any other costs incidental to the appraisal, including the costs of the umpire. 189(8) Any notice required under subsection (2) shall be given by postage pre-paid mail that provides the sender with an acknowledgment of receipt. M.R. 185/98; 26/2001 No waiver 190 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Division by any act relating to the appraisal or to the delivery and completion of proofs of loss or to the investigation or adjustment of a claim. M.R. 185/98 Inspection 191 The corporation shall be permitted, at all reasonable times, to inspect the vehicle designated in an owner's certificate and its equipment. M.R. 185/98 Other insurance of the same interest 192 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. M.R. 185/98 Private extension insurance 193 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 192 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. M.R. 185/98 Time of payment 194 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it, or in the event of an appraisal under subsection 189(1) within 15 days after the award is rendered. M.R. 185/98 No notice or statutory declaration by insured 195 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. M.R. 185/98 PART XI COMPREHENSIVE EXTENSION COVERAGE FOR MOTORCYCLES AND MOPEDS DIVISION I DEFINITIONS AND INTERPRETATION Definitions and interpretation 196(1) In this Part, "comprehensive coverage" means coverage for direct and accidental loss or damage to an insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle arising out of any peril, including loss or damage caused by missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail, rising water, and malicious mischief, riot or civil commotion, but excluding loss or damage caused by collision with another object or by upset, unless loss or damage is caused by collision of any conveyance in or upon which the vehicle is being transported on land or water; the words another object shall be deemed to include a vehicle to which the insured vehicle is attached, the surface of the ground and any object therein or thereon; (« garantie tous risques ») "coverage" means extension insurance under this Part; (« garantie ») "deductible" means an amount for which and under which the corporation is not liable to an insured for loss of or damage to his or her insured vehicle or such permanently attached equipment as is related to the primary use of that vehicle; (« franchise ») "insured" means a person named in an owner's certificate who, under the Automobile Insurance Plan Regulation , has purchased extension insurance under this Part; (« assuré ») "insured vehicle" means a motorcycle or moped designated in a valid and subsisting owner's certificate in which comprehensive extension insurance is specified, but does not include (a) one kept by a dealer as defined in subsection 1(1) of The Drivers and Vehicles Act , or (b) an antique vehicle; (« véhicule assuré ») "maximum insured value" , in relation to a motorcycle or moped, means the maximum amount for which the vehicle can be insured under this regulation, and shall be the actual cash value of the vehicle, to a maximum of $70,000; (« valeur assurée maximale ») "newly acquired vehicle" means, for a seven-day period following its delivery, a motorcycle or moped acquired by an insured, where notice of its acquisition is provided to the corporation within seven days of its delivery, and for which the insured has no other valid insurance if (a) it replaces a motorcycle or moped described in an owner's certificate of the insured, or (b) the corporation insures, under this Part, all motorcycles and mopeds owned by the insured at such delivery date and in respect of which the insured pays any additional premium, and the insured is not engaged in the business of selling motorcycles or mopeds; (« véhicule nouvellement acquis ») "temporary substitute vehicle" means a motorcycle or moped not owned by the insured, nor by any person or persons residing in the same dwelling premises as the insured, while temporarily used as the substitute for the motorcycle or moped designated in an owner's certificate which is not in use by any person insured under the described policy, because of its breakdown, repair, servicing, loss, destruction or sale. (« véhicule de remplacement temporaire ») Meaning of "motorcycle" and "moped" 196(2) In this Part, "motorcycle" and "moped" have the same meaning as in The Highway Traffic Act . But a reference to "motorcycle" or "moped" in this Part does not include a motorcycle or moped described in an owner's certificate unless (a) coverage has been applied for and a premium has been paid in respect of the vehicle; or (b) it is a newly acquired vehicle as defined in subsection (1). M.R. 140/2000 ; 30/2002 ; 39/2003 ; 36/2006 ; 39/2008 ; 41/2019 ; 37/2020 DIVISION II COVERAGE Coverage 197(1) Coverage provided by this Part applies only to claims by or on behalf of an insured in respect of loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle which are caused by a peril covered by comprehensive coverage.

197(2) Where loss or damage arises from a peril covered by comprehensive coverage, where comprehensive coverage under this Part is specified in an owner's certificate, the corporation further agrees to indemnify the insured and any other person who personally drives a temporary substitute motorcycle or moped, against the liability imposed by law or assumed by the insured or such other person under any contract or agreement for direct and accidental physical loss or damage to such vehicle and arising from the care, custody and control thereof; provided always that (a) such indemnity is subject to the deductible clause and exclusions of this Part; and (b) if the owner of such vehicle has or places insurance against any peril insured by this Part, the indemnity provided herein shall be limited to the sum by which the deductible amount, if any, of such other insurance exceeds the deductible amount stated in this Part. M.R. 140/2000 ; 41/2019 Perils covered 198(1) Subject to the Act and this regulation, coverage is, by this Part, provided to an insured for direct and accidental loss or damage to his or her insured vehicle and such permanently attached equipment as is related to the primary use of the insured vehicle, occurring in Canada, in the United States of America, or between a Canadian port and an American port, where in an owner's certificate in respect of comprehensive coverage under this Part is specified, and the owner's certificate shall be prima facie proof of insurance for the coverage specified. 198(1.1) Where coverage under this Part is purchased for a vehicle which is not at the same time registered under The Drivers and Vehicles Act , coverage under subsection (1) will be restricted to loss or damage occurring within Manitoba. 198(2) Where loss or damage for which coverage is provided under subsection (1) occurs the corporation shall, in addition to any other amount payable, under this Part, pay to, or on behalf of, an insured any general average, salvage, and fire department charges, and custom duties of Canada, or the United States of America, for which the insured is legally liable. 198(3) Where loss occurs by reason of the theft of the entire insured vehicle, the corporation shall reimburse the insured for any expense not exceeding $50 per day or $1,500 in total, plus all applicable taxes, incurred for the rental of a substitute vehicle or the use of a vehicle for hire or a public means of transportation. 198(4) Reimbursement under subsection (3) is limited to such expense incurred during the period commencing 72 hours after the theft has been reported to the corporation or the police and terminating, regardless of the expiration of coverage, under this Part, (a) upon the date of the completion of repairs to, or the replacement of, the property lost or damaged; or (b) upon such earlier date as the corporation makes or tenders settlement for the loss or damage caused by the theft. 198(5) Each occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 140/2000 ; 39/2003 ; 36/2006 ; 19/2018 ; 52/2022 ; 2/2025 Deductible 199 The liability of the corporation under this Part is limited to the amount of loss and damage in excess of the deductible, specified in the owner's certificate that is applicable to the insured vehicle, provided always that (a) the following deductibles apply for loss or damage occurring only to the windshield or windows of an insured vehicle: (i) $200, if the windshield or any of the windows requires replacement, (ii) no deductible, if all damage to the windshield and windows is repairable; (a.1) no deductible is applicable where the owner's certificate specifies $200 deductible and loss or damage to an insured vehicle or its equipment occurs by reason of vandalism; and (b) no deductible is applicable where loss or damage to an insured vehicle or its equipment occurs by reason of the theft of the entire insured vehicle. M.R. 140/2000 ; 159/2015 ; 37/2020 Where no liability 200 The corporation is not liable, under section 198, for loss or damage (a) to tires, or consisting of, or caused by, mechanical fracture or breakdown of any part of the insured 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 for which coverage is otherwise provided under section 198 or is caused by fire, theft or malicious mischief; (b) caused by the conversion, embezzlement, theft, or secretion by any person in lawful possession of an insured vehicle under a mortgage conditional sale, lease or other similar written agreement; (c) caused by the voluntary parting with title or ownership; whether or not the insured is induced to do so by any fraudulent scheme, trick, device, or false pretence; (d) caused directly or indirectly through contamination by radioactive material; (e) to contents of insured vehicles or trailer; (f) to tape and equipment for use with a tape player or recorder, when detached therefrom; (g) arising out of theft by any person residing in the same dwelling unit or premises as the insured or by an employee of the insured engaged in the operation, maintenance, or repair of the insured vehicle, whether the theft occurs in the hours of such service or employment or not; (h) to any motorcycle, moped or mobility vehicle owned by the Government of Canada, or to any motorcycle or moped owned by the government of any foreign jurisdiction, or any fire department motorcycle, moped or mobility vehicle owned by any governmental authority or a municipality; (i) to any permanently attached audio, video, communication and non-integral electronic data processing devices and their accessories for any amount per incident or accident in excess of the total value of the lost or damaged devices, including installation costs, or $1,000, whichever is the lesser, unless where the device is an audio, video or communication device, the make and model of audio, video, or communication device was installed by the vehicle manufacturer as standard equipment or manufacturer-installed optional equipment on the vehicle for its particular model year, in which case those limits do not apply; (j) arising out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured vehicle that sustains loss or damage was participating in the event or activity. M.R. 140/2000 ; 188/2014 ; 41/2019 DIVISION III CONDITIONS OF COVERAGE Coverage subject to following conditions 201 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. M.R. 140/2000 Giving of notice 202 Upon the happening of any loss or damage for which coverage is provided under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest, whether valid or not, insuring against all or any part of the loss or damage. M.R. 140/2000 Driving limitations 203(1) The insured named in an owner's certificate shall not drive or operate the insured vehicle designated therein (a) while he or she is 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 insured vehicle; (b) while he or she is (i) in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada), or (ii) acting in a manner which results in a conviction under section 320.15 of the Criminal Code (Canada); (c) while he or she is not for the time being qualified or authorized by law to drive the insured vehicle, or while, in any event, being under the age of 16 years, he or she is not the holder of a valid and subsisting driver's certificate; (d) while his or her licence to drive or operate the vehicle is suspended or while his or her right to obtain a licence is suspended or while he or she is prohibited under order of any court from driving or operating the vehicle; (e) for any illicit or prohibited trade or transportation; (f) in any speed test or race; (g) when attached to that vehicle is a trailer that, being required to be registered under The Drivers and Vehicles Act is not so registered; or (h) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop. 203(2) The insured named in an owner's certificate shall not permit, suffer, allow or connive at, the use of the insured vehicle designated therein by any person, in any way, or for any purpose, contrary to subsection (1). 203(3) The insured named in an owner's certificate shall provide to the corporation the name and, if available, the address of the person operating the insured vehicle at the time of the incident giving rise to a claim. M.R. 140/2000 ; 36/2006 ; 111/2018 ; 185/2018 Operating contrary to certain Acts 204 An insured vehicle shall not be operated for any purpose contrary to The Drivers and Vehicles Act or The Highway Traffic Act , and without restricting the generality of the foregoing, an insured vehicle shall not be operated in contravention of any provision of those Acts or the regulations thereunder relating to the combined weight of the vehicle and its load, the time within which, and the territory within which the vehicle may be operated or the kind of goods, or the number of passengers, that may be carried in or on the vehicle. M.R. 140/2000 ; 36/2006 ; 19/2018 No operating contrary to certain by-laws 204.1 An insured vehicle must not be operated contrary to a vehicle for hire by-law. M.R. 19/2018 Excluded uses 205(1) The corporation shall not be liable under this Part while (a) the insured vehicle is rented or leased to another; provided that the use by an employee of his or her motorcycle or moped on the business of his or her employer and for which he or she is paid shall not be deemed the renting or leasing of the vehicle to another; (b) the insured vehicle is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto; (c) the insured vehicle is used as a vehicle for hire, public omnibus, livery, jitney, or sightseeing conveyance or for carrying passengers for compensation or hire. 205(2) Despite clause (1)⁠(c), the use by a person of a vehicle to transport themselves and one or more other persons who give consideration in respect of the cost of the trip is deemed not to be using the vehicle as a vehicle for hire, despite the provisions of any vehicle for hire by-law, if (a) the final destination of the trip is determined by the person operating the vehicle; and (b) the operator's purpose in taking the trip is not primarily to carry or transport passengers for gain. M.R. 140/2000 ; 19/2018 ; 41/2019 Acts of war 206 The corporation is not liable for loss or damage that is caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by operations of armed forces while engaged in hostilities, whether or not war has been declared. M.R. 140/2000 ; 30/2002 ; 39/2003 Obligation of vehicle owner to protect from rodents 206.1 The corporation is not liable for loss or damage that is caused by mammals of the order of rodentia when the corporation determines that the insured named in an owner's certificate has not taken reasonable precautions to protect the insured vehicle from such loss or damage. M.R. 27/2017 Reporting 207 Where the insured is a person required to furnish a report under section 155 of The Highway Traffic Act or under subsections 6(4), (5) and (6) of The Manitoba Public Insurance Corporation Act , he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. M.R. 140/2000 Corporation may provide information 207.1(1) In respect of an accident to which section 155 of The Highway Traffic Act applies, the corporation may on request provide information in its possession to a person described in subsection (2) of that provision, if satisfied that the person requires the information to commence a court proceeding concerning the accident. 207.1(2) In subsection (1), the information that the corporation may provide is limited to the information required to be given under clause 155(3)⁠(a) and subclause 155(3)⁠(e)⁠(i) of The Highway Traffic Act , as of the date of the accident. 207.1(3) When a person requests the information, the person must make a declaration that (a) is in the form and contains the information the corporation requires; and (b) satisfies the corporation that the person needs the information to commence a court proceeding concerning the accident. M.R. 15/2018 Requirements on occurrence of loss 208 Upon the occurrence of any loss or damage to an insured vehicle designated in an owner's certificate, the insured shall, if the loss or damage is insured under this Part (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 207, to the corporation, with the fullest information available at the time, and at the expense of the corporation, and as far as is reasonably possible, and subject to sections 209 and 210, protect the vehicle from further loss or damage; (b) deliver, if required by the corporation, but subject to section 211, within 90 days of the loss or damage, a statutory declaration stating to the best of the insured's knowledge and information, the place, the time, the cause, and the amount of the loss or damage, the interest of the insured, and all others therein, the encumbrances thereon, all other insurance relating to the insured vehicle, whether valid or invalid, and stating that the loss or damage was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. M.R. 140/2000 Loss not recoverable 209 Any further loss or damage to which reference is made in clause 208(a) accruing directly or indirectly from failure to protect, is not recoverable under this Part. M.R. 140/2000 Repairs 210 No repairs shall be undertaken, and no physical evidence of the loss or damage shall be removed, without the written consent of the corporation, except such repairs as are immediately necessary for the protection of the insured vehicle from further loss or damage, until the corporation has had a reasonable time to make the inspection referred to in section 219. M.R. 140/2000 Waiver of declaration 211 The corporation may waive the requirement for statutory declaration under clause 208(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. M.R. 140/2000 Examination under oath 212 The insured shall submit to examination under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom to be made. M.R. 140/2000 Insurance money not more than actual value of property 213 The corporation is not liable beyond the actual cash value of the insured vehicle at the time that any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed what it would cost to repair or replace the insured vehicle or any part thereof, as the case may be, with material of the like, kind and quality; but if any part of the insured vehicle is obsolete and out of stock, the liability of the corporation in respect thereof, is limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price. M.R. 140/2000 Corporation may repair, replace, or rebuild 214 Except where an appraisal under section 217 has been made, the corporation, instead of making payment, may, within a reasonable time, repair, rebuild, or replace the property damaged or lost with other material or property of a like kind and quality if within seven days after receipt of proof of loss, it gives written notice of its intention to do so. M.R. 140/2000 Abandonment without consent 215 There shall be no abandonment of the insured vehicle to the corporation without the consent of the corporation, and if the corporation exercises the option to replace the insured vehicle or pays the actual cash value of the insured vehicle, the salvage, if any, vests in the corporation. M.R. 140/2000 Payment of loss to insured and others 216 Where the corporation elects not to repair, replace, or rebuild the insured vehicle, but instead to pay the actual cash value of the loss or damage and the corporation is aware of the existence of the interest of another person in the insured vehicle, the corporation may make payment of insurance moneys jointly to the insured and that other person. M.R. 140/2000 Settlement of dispute as to quantum or adequacy of repairs 217(1) Where there is a disagreement as to the nature and extent of the repairs and the replacements required, or as to their adequacy, if affected, or as to the amount of insurance moneys payable in respect of any loss or damage the question shall be determined by appraisers before recovery can be had under this Part; and in that event, there shall be a determination by appraisers, independent of all other questions, and whether or not coverage is admitted by the corporation under this Part. 217(2) Where there is a dispute as referred to in subsection (1), the insured and the corporation shall each nominate an appraiser to act on his, her or its behalf and shall notify the other of the name, address and telephone number of the appraiser nominated by him, her or it. 217(3) Should one of the parties fail to nominate or give the notice required in subsection (2), within five days of his, her or its receipt of such a notice from the other party, the party who or which has failed to give notice shall be deemed to concur in the appraisal or estimate originally proposed by the other party, and the parties are bound thereby. 217(4) Where both parties have nominated appraisers under subsection (2), the two appraisers shall meet or communicate within five days of the receipt of notice by the second of the parties to receive notice, and shall attempt to settle the matter or matters in dispute and an award made pursuant to such a settlement is binding upon the parties. 217(5) Where the appraisers cannot agree, they may, by mutual agreement upon the appointment of an independent umpire, refer the matter or matters in dispute to the umpire for final determination, and in that event, the decision of the umpire is final and binding. 217(6) Where the appraisers are unable to agree upon the appointment of an independent umpire, any appraiser or party may apply to a Court of King's Bench judge to appoint an umpire; and the Court of King's Bench judge to whom application is made, shall appoint an umpire within five days of the date of application, and the decision of an umpire so appointed by a judge is final and binding. 217(7) Each party shall pay the appraiser nominated by him, her or it and the parties shall bear equally any other costs incidental to the appraisal, including the costs of the umpire. 217(8) Any notice required under subsection (2) shall be given by postage pre-paid mail in a manner that provides the sender with an acknowledgement of receipt. M.R. 140/2000 No waiver 218 Neither the corporation nor the insured shall be deemed to have waived any term or condition of this Division by any act relating to the appraisal or to the delivery and completion of proofs of loss or the investigation or adjustment of a claim. M.R. 140/2000 Inspection 219 The corporation shall be permitted, at all reasonable times, to inspect the insured vehicle designated in an owner's certificate and its equipment. M.R. 140/2000 Other insurance of the same interest 220 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless this Part is made subject to section 272 of The Insurance Act by order of the Lieutenant Governor in Council. M.R. 140/2000 Private extension insurance 221 Where the Superintendent of Insurance in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 220 affects the validity of that policy; and where such a policy is in effect, the liability of the corporation under this Part shall be ascertained as if no other insurance were in effect. M.R. 140/2000 Time of payment 222 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it or in the event of an appraisal under subsection 217(1), within 15 days after the award is rendered. M.R. 140/2000 No notice or statutory declaration by insured 223 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. M.R. 140/2000 PART XII NEW AND LEASED VEHICLE PROTECTION EXTENSION INSURANCE DIVISION I DEFINITIONS Definitions 224 In this Part, "break in coverage" has the same meaning as in the Automobile Insurance Plan Regulation ; (« interruption de garantie ») "coverage" means extension coverage under this Part; (« garantie ») "eligibility date" means, (a) for a new vehicle, the date equal to the earliest policy effective date associated with the vehicle, (b) for a used vehicle, the date on the last bill of sale, or its equivalent, for the vehicle, and (c) for a vehicle, purchased under a lease buyout, the date of the lease buy out agreement; (« date d'admissibilité ») "eligibility period" means (a) the period beginning on the eligibility date and ending on the expiry date, and (b) where an application for insurance under this Part is made in respect of (i) a transfer of vehicle ownership relating to an estate to spouse transfer, a bequest, or a gift from a spouse or common-law partner, parent, grandparent, child or grandchild, or (ii) a transfer of vehicle registration relating to an owner or lessee who, at the time of initial application for coverage under this Part, was also one of the owners or lessees of the eligible vehicle, the period, described in clause (a), as indicated in the initial application of the transferor is maintained, subject to any break in coverage; (« période d'admissibilité ») "eligible model year" means (a) for a new vehicle, any model year, and (b) for a used vehicle, a model year that is greater than or equal to the calendar year of the eligibility date minus one year; (« année de modèle admissible ») "eligible vehicle" means a vehicle (a) with an eligible model year, (b) that is owned or leased by an individual for his or her own use, (c) that is a pleasure passenger vehicle, an all purpose passenger vehicle, a farm passenger vehicle, a vehicle for hire, a pleasure motor home, an all purpose motor home, a pleasure motorcycle, an all purpose motorcycle — other than an all purpose motorcycle that is rented by an insured to another person — a pleasure moped, an all purpose moped, or a truck which has a gross vehicle weight not exceeding 4,540 kilograms and with a body style as shown in Schedule C of the Automobile Insurance Plan Regulation and which is a pleasure truck, an all purpose truck or a farming/fishing all purpose truck, but does not include a vehicle that is rebuilt, irreparable, salvageable, salvageable-with-exception or unfit; (« véhicule admissible ») "expiry date" means, (a) for a new vehicle, 24 months, less a day, after the eligibility date, and (b) for a used vehicle (i) 24 months, less a day, after the eligibility date when the eligible model year is equal to or greater than the calendar year of the eligibility date, or (ii) 12 months, less a day, after the eligibility date when the eligible model year is equal to the calendar year of the eligibility date minus one year; (« date d'expiration ») "inflation allowance" means an amount equal to the general increase in the purchase price of an equivalent replacement to the insured vehicle, calculated on a pro rata basis for the period from date the insured vehicle was purchased or leased to the date of loss, at the established rate of inflation as prescribed by the corporation and in effect at the date of loss up to the maximum of 5%; calculated from the inception date of the policy to the date of the occurrence which gave rise to a claim under this Part; (« allocation pour l'inflation ») "insurable value" means, to the rounded dollar, as that term is defined in the Automobile Insurance Plan Regulation , (a) in respect of a purchased vehicle, (i) for a new vehicle, the initial purchase price of a new vehicle as evidenced by the bill of sale, or (ii) for a used vehicle, the purchase price of a used vehicle as evidenced by the last bill of sale, including accessories, all applicable taxes and pre-delivery inspection charges, but not including any amounts in respect of outstanding debt against a trade-in, if applicable, service contracts, warranties or insurance, (b) in respect of a leased vehicle, the total of any down payment of a leased vehicle, plus any trade-in allowance, net of any liens against the trade-in, and (c) in respect of a transfer of a vehicle, the value in accordance with clause (a) or (b), as indicated in the initial application of the transferor, subject to any break in coverage, where an application for insurance coverage under this Part is made in respect of (i) a transfer of vehicle ownership relating to an estate to spouse transfer, a bequest or a gift from a spouse or common-law partner, parent, grandparent, child or grandchild, or (ii) a transfer of vehicle registration relating to an owner or lessee who, at the time of initial application for coverage under this Part, was also one of the owners or lessees of the eligible vehicle; (« valeur assurable ») "insured" means an individual who is either (a) the owner and not the lessor, or (b) the lessee, of an eligible vehicle, and who is named in an owner's certificate under the Automobile Insurance Plan Regulation and has purchased extension insurance under this Part; (« assuré ») "insured vehicle" means an eligible vehicle which is designated in a valid and subsisting owner's certificate in which coverage under this Part is specified; (« véhicule assuré ») "irreparable" means any total loss vehicle that is damaged to the extent that it is not repairable; (« irréparable ») "leased vehicle" means any vehicle the insured has the use of, for a specified time, under a written agreement, in return for payment; (« véhicule loué ») "new vehicle" means a new motor vehicle as defined in subsection 33(1) of the Dealers, Salespersons and Recyclers Regulation , Manitoba Regulation 40/2006; (« véhicule neuf ») "purchase period" means the period up to and including 60 days from the eligibility date; (« période d'achat ») "rebuilt" means any salvageable vehicle that has been repaired and certified as roadworthy by the Registrar of Motor Vehicles; (« reconstruit ») "salvageable" means any total loss vehicle which is capable of being rebuilt; (« réparable ») "salvageable-with-exception" means any vehicle for which an insurance company pays an amount determined under a contract of insurance in relation to damage as a result of (a) outer body sheet damage solely from hail, (b) being stolen and not recovered, or (c) damage that does not affect the structural or mechanical integrity of the vehicle; (« réparable avec exception ») "unfit" means any vehicle determined to be unsafe by the Registrar of Motor Vehicles; (« dangereux ») "used vehicle" means a used motor vehicle as defined in subsection 33(1) of the Dealers, Salespersons and Recyclers Regulation . (« véhicule d'occasion ») M.R. 96/2003 ; 31/2007 ; 39/2008 ; 17/2011 ; 54/2015 ; 19/2018 ; 50/2019 ; 37/2020 DIVISION II COVERAGE Coverage 225(1) Coverage provided by this Part applies only to claims by or on behalf of an insured in respect of a total loss of the insured vehicle due to a loss covered under Part III, Part X or Part XI and where the insured applies and pays the premium for protection extension insurance under this Part, he or she will be entitled to the amount payable under section 227 in respect of the insured vehicle. Excess value coverage must be purchased 225(2) Upon initial application for coverage under this Part, excess value coverage under Part VI must also be purchased in an amount, which is not less than $1,000 below the insurable value of the eligible vehicle. Coverage can only be purchased in the purchase period 225(3) Coverage under this Part may only be purchased for an eligible vehicle within the purchase period for the vehicle. Maximum period of coverage 225(4) Coverage under this Part applies only to losses arising within the eligibility period for an insured vehicle. M.R. 96/2003 ; 54/2015 Terms and conditions of Part III, Part X or Part XI applicable to coverage 226(1) Where an owner's certificate specifies coverage under this Part, the terms, exclusions and policy conditions contained in Part III, Part X or Part XI, as the case may be, apply with such modifications as the circumstances require, unless, under this Part, any such term, exclusion, or policy condition is expressly abrogated. 226(2) [Repealed] M.R. 36/2006 M.R. 96/2003 ; 36/2006 ; 54/2015 Coverage limited to insurable value plus inflation allowance, if applicable 227(1) Subject to subsections (1.1) and (2), if the insured vehicle has been rendered a total loss or constructive total loss the corporation agrees to pay (a) in the case of an insured vehicle that is owned by the insured, any difference in value between the insurable value of the vehicle and the actual cash value of the vehicle at the time of loss plus the inflation allowance; and (b) in the case of an insured vehicle that is leased by the insured, the insurable value of the vehicle at the time of loss. 227(1.1) If the insurable value of a vehicle referred to in clause (1)⁠(a) includes an amount in respect of goods and services tax under the Excise Tax Act (Canada), the corporation's payment, if any, in respect of that amount shall be in accordance with the provisions of that Act. 227(2) The corporation shall not be liable under this Part for any amount in respect of (a) the difference between the actual cash value and the excess value coverage as purchased under Part VI where the excess value coverage is the lesser; or (b) unrepaired damage sustained to the vehicle before the date of loss for which a claim under this Part is being made. M.R. 96/2003 ; 36/2006 ; 31/2007 Separate claims 228 Subject to section 227, every occurrence of loss for which coverage is provided under this Part gives rise to a separate claim under this Part. M.R. 96/2003 DIVISION III CONDITIONS OF COVERAGE Coverage is subject to the following conditions 229 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. M.R. 96/2003 Reporting 230 Where the insured is a person required to furnish a report under subsections 6(4), 6(5) and 6(6) of the Act, he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. M.R. 96/2003 Requirements upon occurrence of loss 231 Upon the occurrence of any loss insured under this Part, the insured shall (a) as soon as reasonably possible give notice in writing thereof in addition to any report that may be required under sections 60 or 179, as the case may be, to the corporation, with the fullest information available at the time, and at the expense of the corporation; (b) deliver, if required by the corporation, but subject to section 64 or 183, as the case may be, within 90 days of the loss, a statutory declaration stating to the best of the insured's knowledge and information, the time, the cause and the amount of the loss, the interest of the insured, and all others therein, all other like insurance relating to the insured vehicle, whether valid or invalid and stating that the loss was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. M.R. 96/2003 Waiver of declaration 232 The corporation may waive the requirement for statutory declaration under clause 231(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. M.R. 96/2003 Examination under oath 233 The insured shall submit to examination, under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom, to be made. M.R. 96/2003 Other insurance of the same interest 234 Where the insured named in an owner's certificate has or places any additional or other insurance extending coverage against loss or damage, which, but for this section would be within the limits of the corporation's liability under this Part, the corporation is not liable to pay any insurance moneys under this Part, unless the Part is made subject to section 272 of The Insurance Act , by order of the Lieutenant Governor in Council. M.R. 96/2003 Private extension insurance 235 Where the Superintendent of Insurance, in the exercise of any general or special power conferred upon him or her by The Insurance Act , approves a policy of automobile insurance that purports to limit the liability of another insurer to the portion of any loss that may be sustained outside the amount for which the corporation is liable under this Part, nothing in section 234 affects the validity of that policy, and where such a policy is in effect, the liability for the corporation under this Part shall be ascertained as if no other insurance were in effect. M.R. 96/2003 Time of payment 236 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it. M.R. 96/2003 No notice or statutory declaration by insured 237 Where an insured fails, neglects, or refuses to give notice of claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. M.R. 96/2003 Payment of loss to insured 238 Notwithstanding sections 69 and 188, the corporation shall make payment of insurance moneys under this Part to the insured, unless the insured vehicle is, at the time of loss, owned or leased by more than one individual, as evidenced by the bill of sale or its equivalent or the lease agreement, in which case payment may be made jointly to the insured and joint owners or lessees. M.R. 96/2003 PART XIII NON-OWNED VEHICLE EXTENSION INSURANCE DIVISION I DEFINITIONS Definitions 239 In this Part, "coverage" means extension coverage under this Part; (« garantie ») "insured" means, (a) a policyholder who has rented or borrowed an insured non-owned vehicle with the consent of the owner of that vehicle, providing that while operating such vehicle, the policyholder holds a valid driver's licence and is authorized or qualified by law to operate a motor vehicle, and (b) any other individual who has been given the use and control of a vehicle referred to in clause (a) with the consent of the policyholder, providing that while operating such vehicle, he or she is authorized or qualified by law, in the jurisdiction of his or her residence, to operate a motor vehicle; (« assuré ») "insured non-owned vehicle" means a non-owned vehicle, as defined in the Automobile Insurance Plan Regulation , for which an insured has coverage under this Part pursuant to a valid and subsisting certificate in which coverage under this Part is specified; (« véhicule assuré appartenant à un tiers ») "occupant" means a person driving, being carried in or upon or entering or getting on to or alighting from a vehicle; (« occupant ») "policyholder" means a Manitoba resident who has purchased extension insurance under this Part and is named in the certificate. (« titulaire de police ») M.R. 96/2003 ; 37/2020 DIVISION II COVERAGE Eligible policyholders 240(1) Coverage under this Part may only be purchased by a Manitoba resident who is at least 16 years old. Minor policyholders 240(2) A person who is at under the age of 18 may purchase coverage if he or she has obtained the written consent of his or her parent or legal guardian. M.R. 96/2003 Coverage 241 Coverage under this Part (a) has a minimum policy term of 3 days and a maximum policy term of 90 days; and (b) cannot be extended past the policy expiry date set out in the certificate. M.R. 96/2003 Legal liability for damage to non-owned vehicle 242(1) Subject to the Act and this regulation, coverage provided by this section applies only to claims by or on behalf of an insured in respect of legal liability imposed by law upon an insured or assumed by him or her, under any contract or agreement, for loss or damage to an insured non-owned vehicle including such permanently attached equipment as is related to the primary use of such vehicle, while the insured is the operator of such vehicle; arising from the care, custody or control of such vehicle and resulting from loss or damage thereto arising out of any peril and occurring while such vehicle is being operated, used, stored or parked within Canada, the United States of America or upon a vessel plying between the ports of Canada, ports of the United States of America, or between a Canadian port and American port, where coverage was in effect at the time of the loss or damage. Where no legal liability coverage provided 242(2) The corporation is not liable under this section for loss or damage (a) to tires, or consisting of or caused by, mechanical fracture or breakdown of any part of the insured non-owned vehicle, 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 for which coverage is otherwise provided under this section, or is caused by fire, theft or malicious mischief; (b) caused directly or indirectly through contamination by radioactive material; (c) to contents of the insured non-owned vehicle; (d) to tapes and equipment for use with a tape player or recorder and to audio and video media for use with permanently attached electronic components, when detached therefrom; (e) arising out of theft by any person residing in the same dwelling unit or premises as the insured, or by an employee of the insured engaged in the operation, maintenance, or repair of the insured non-owned vehicle, whether the theft occurs in the hours of such service of employment or not; (f) for any amount in excess of the actual cash value of the insured vehicle at the date of loss; (g) to any non-owned vehicle which is owned by the Government of Canada, or to any vehicle owned by the government of any foreign jurisdiction, or any fire department vehicle owned by any governmental authority or a municipality; (h) to any insured non-owned vehicle while being used without the consent of the policyholder thereof; (i) caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, acts of terrorism, military or usurped power, or by the operation of armed forces while engaged in hostilities whether or not war has been declared; (j) arising out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured non-owned vehicle that sustains loss or damage was participating in the event or activity. Duties of the corporation respecting legal liability coverage 242(3) Where a claim for damages is made against an insured to whom coverage is provided under this section, the corporation shall (a) upon receipt of notice of any such claim, assist the insured by causing investigations to be made in respect thereof, and by negotiating such settlement thereof as may be deemed expedient by the corporation; (b) without cost to the insured, defend in the name of, and on behalf of the insured, any civil action, for damages brought against the insured in respect of injuries, death, or loss of, or damage to the property of another; (c) pay all costs taxed against the insured in any civil action defended by the corporation, except the cost of an appeal taken by the insured without the consent of the corporation, and any interest accruing after entry of judgement, upon that part of the judgement that is within the limits of the liability of the corporation; and (d) pay to or on behalf of an insured any general average, salvage, and fire department charges, and custom duties of Canada or the United States of America, for which the insured is legally liable. M.R. 96/2003 ; 188/2014 Lessee loss of use coverage 243(1) Coverage provided by this section applies only to claims made by a policyholder as reimbursement for expenses reasonably incurred for rental of a substitute vehicle or the use of a vehicle for hire or a public means of transportation, resulting from the loss of use of an insured, non-owned vehicle that was rented by the policyholder due to a loss covered under section 242 where coverage was in effect at the time of that loss. 243(2) [Repealed] M.R. 19/2018 243(3) The corporation is not liable, in subsection (1), for such expenses in excess of $50 per day or $1,500 in total, plus all applicable taxes, per vehicle per occurrence. 243(4) Reimbursement, in subsection (1), is limited to such expense incurred commencing (a) at the time the loss or damage occurs if the insured non-owned vehicle cannot be operated under its own power; (b) in the case of theft of the entire vehicle, at 12:01 a.m. local time of the operating jurisdiction, the day following the report of such theft to the corporation or to the police; (c) in other cases at the time the insured non-owned vehicle is delivered for repair due to the loss or damage, and terminating upon the earliest of (i) the policy expiry, (ii) the date of completion of repairs or replacement of the property lost or damaged, or (iii) upon such date that the corporation makes or tenders settlement of the loss or damage. M.R. 96/2003 ; 19/2018 ; 52/2022 ; 2/2025 Lessor loss of use coverage 244(1) The corporation agrees to reimburse the policyholder, for reasonable loss of rental income, incurred by the owner of the non-owned vehicle, resulting from an accident involving the insured non-owned vehicle, for which legal liability coverage is provided under section 242 where coverage was in effect at the time of the accident. 244(2) In subsection (1), the corporation is not liable for such loss of rental income in excess of $50 per day, plus all applicable taxes, and coverage will terminate upon the date of completion of repairs or replacement of the property lost or damaged or upon such date that the corporation makes or tenders settlement of the loss or damage, but in any event not to exceed a maximum of $1,500 per occurrence, plus all applicable taxes. M.R. 96/2003 ; 52/2022 ; 2/2025 Separate claims 245(1) Each occurrence causing loss or damage covered under sections 242, 243 or 244 shall give rise to a separate claim in respect of which the corporation's liability shall be limited to the amount of loss or damage. Limit for non-owned vehicle with other than Manitoba registration origin 245(2) The maximum amount payable per incident for every occurrence of loss or damage, under sections 242, 243 or 244 combined, for which coverage is provided to an insured non-owned vehicle registered outside of Manitoba is $100,000. Limit for non-owned vehicle with Manitoba registration origin 245(3) The maximum amount payable per incident for every occurrence of loss or damage for which coverage is provided to an insured non-owned vehicle registered in Manitoba is (a) $1,000, under section 242; (b) $1,500, plus all applicable taxes, under section 243; and (c) $1,500, plus all applicable taxes, under section 244. Limit re motorcycle or moped 245(3.1) Despite subsection (3), in respect of non-owned motorcycle or moped, the maximum amount payable per incident for every occurrence (a) for loss or damage caused directly by accidental collision of the non-owned vehicle with another object either moving or stationary, or by accidental upset is (i) $1,000 for a motorcycle or $300 for a moped, under section 242, (ii) $1,500, plus all applicable taxes, under section 243, and (iii) $1,500, plus all applicable taxes, under section 244; and (b) for loss or damage resulting from any other cause, is subject to the limit in subsection (2). Deductible 245(4) The liability of the corporation under subsection (2), clause (3)⁠(a) and subsection (3.1) is limited to the amount of loss or damage in excess of the deductible amount of $200 but not to exceed the amounts specified. M.R. 96/2003 ; 54/2015 ; 37/2020 ; 52/2022 ; 2/2025 ; 9/2026 Third party liability coverage 246(1) Subject to the Act and this regulation, coverage is hereby provided to an insured under this Part, for damages in the amounts herein specified, for liability imposed by law in respect of bodily injuries to, or the death of, another person, or in respect of the loss of, or damage to, the property of another arising out of the use or operation of an insured non-owned vehicle by an insured, in Canada, in the United States of America or upon a vessel plying between ports of Canada, between ports of the United States of America, or between a Canadian port and an American port, where coverage was in effect at the time of the loss or damage. Where no third party liability coverage provided 246(2) The corporation shall not pay insurance moneys under this section (a) in respect of liability imposed upon an insured by any worker's compensation law; (b) for loss or damage resulting from bodily injury to or the death of any employee of the insured while engaged in the operation or repair of the insured non-owned vehicle;

(c) for loss of, or damage to, property carried in or upon an insured non-owned vehicle, or to any property owned or rented by, or in the care, custody or control of, an insured to whom coverage is provided under this section; (d) in respect of the liability of an insured for damages resulting from (i) bodily injury to, or the death of, any person, or (ii) the loss of, or damage to, the property of another, arising, directly or indirectly out of a nuclear energy hazard; (e) while any insured non-owned vehicle is being used without the consent of the policyholder thereof; (f) for the liability of any person, whether or not a policyholder, and whether or not consent of the policyholder has been given, in respect of an insured non-owned vehicle, where the person, at the time of an accident arising out of which insurance moneys under this section might otherwise be payable (i) is in possession of the vehicle in the course of the business, occupation, or trade of automobile maintenance, repair, service, storage, or parking, or (ii) is in possession of the vehicle in the course of his or her business as an automobile dealer; (g) in respect of the liability imposed by law upon any insured while operating a non-owned vehicle which is owned by the Government of Canada, for damages resulting from bodily injury to, or the death of, any person, or for loss of or damage to property of another, arising out of the use or operation of a vehicle owned by the Government of Canada; (h) for loss or damage resulting from bodily injury to or the death of an insured who at the time of the accident was the operator of the insured non-owned vehicle; (i) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or destruction of the property of another, arising directly or indirectly from the use or operation of any machinery, equipment or apparatus, including its ancillary equipment, mounted on or attached to the insured non-owned vehicle or to a trailer while attached to the insured non-owned vehicle, while the attached machinery or equipment is at the site of the use or operation of that attached machinery or equipment; (j) for loss or damage resulting from bodily injury to or the death of any occupant of the insured non-owned vehicle who at the time was participating in a criminal joint venture; (k) in respect of the liability of an insured for damages resulting from bodily injury to, or the death of, any person, or the loss or damage to the property of another, arising directly or indirectly out of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the insured non-owned vehicle that causes the bodily injury, death, loss or damage was participating in the event or activity. Limit of third party liability coverage for non-owned vehicle with other than Manitoba registration origin 246(3) Where an insured is liable for damages under this section arising out of the use or operation of an insured non-owned vehicle with registration origin outside of Manitoba, and that liability results (a) from bodily injury to, or the death of, one or more persons, or from the loss or destruction of property; or (b) from bodily injury to, or the death of, one or more persons and also from the loss or destruction of property; the total liability of the corporation, inclusive of any prejudgment interest or loss of opportunity to invest, under subsection (1), for the payment of insurance moneys under this section, regardless of the number of claims or the number of persons who make claim under this section, is limited to the amount of $5,000,000. Priorities for non-owned vehicle with other than Manitoba registration origin 246(4) Where, in respect of any one accident, the corporation is liable for payment of insurance moneys under subsection (3) (a) claims arising out of bodily injury or death have priority over claims arising out of the loss or destruction of property to the extent that $4,500,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act; and (b) claims arising out of the loss or destruction of property have priority over claims arising out of bodily injury or death, to the extent that $500,000 exceeds the amount by which the liability of the insured for damages is reduced under section 38 of the Act. Limit of third party liability coverage for non-owned vehicle with Manitoba registration origin 246(5) Where an insured is liable for damages under this section arising out of the use or operation of an insured non-owned vehicle with registration origin in Manitoba, and that liability results (a) from bodily injury to, or the death of, one or more persons, or from the loss or destruction of property; or (b) from bodily injury to, or the death of, one or more persons and also from the loss or destruction of property; the total liability of the corporation, inclusive of any prejudgment interest or loss of opportunity to invest, under subsection (1), for the payment of insurance moneys under this section, regardless of the number of claims or the number of persons who make claim under this section, is limited to the amount of $4,500,000. Priorities for non-owned vehicle with Manitoba registration origin 246(6) Where, in respect of any one accident, the corporation is liable for payment of insurance moneys under subsection (5) (a) claims arising out of bodily injury or death have priority over claims arising out of the loss or destruction of property to the extent that $4,050,000 exceeds the amount by which the liability of an insured for damages is reduced under section 38 of the Act; and (b) claims arising out of the loss or destruction of property have priority over claims arising out of bodily injury or death, to the extent that $450,000 exceeds the amount of which the liability of the insured for damages is reduced under section 38 of the Act. Liability in respect of trailers attached to vehicles 246(7) For the purpose of determining the liability of the corporation for payment of insurance moneys under this section, an insured non-owned vehicle for which coverage is provided under this section and one or more trailers attached thereto, shall be deemed to be one vehicle as respects third party limits of liability. Liability not to exceed $5,000,000 246(8) If coverage under this Part is provided under one or more certificates in respect of the insured non-owned vehicle and any other coverage issued by the corporation, in respect to that insured non-owned vehicle, are in force concurrently making the aggregate of the coverage for liability imposed by law in excess of $5,000,000, the excess coverage shall be void and all premiums paid for that excess coverage shall be refunded to the policyholder. Duties of corporation respecting third party liability coverage 246(9) Where a claim for damages is made against an insured to whom coverage is provided under this section, the corporation shall (a) upon receipt of notice of any such claim, assist the insured by causing investigations to be made in respect thereof, and by negotiating such settlement thereof as may be deemed expedient by the corporation; (b) without cost to the insured, defend in the name of, and on behalf of, the insured, any civil action, for damages brought against the insured in respect of injuries, death, or loss of, or damage to the property of another; (c) pay all costs taxed against the insured in any civil action defended by the corporation, except the cost of an appeal taken by the insured without the consent of the corporation, and any interest accruing after entry of judgement, upon that part of the judgement that is within the limits of the liability of the corporation; and (d) reimburse the insured for outlay in respect to such medical aid as may have been immediately necessary for a person injured, by reason of an accident for which coverage is provided in this section. Rights of corporation to act for insured and to reimbursement 246(10) Where third party liability coverage is provided under this section (a) the corporation is constituted and appointed irrevocably as attorney for the insured, to appear, and defend in any province or territory of Canada any action that is brought against the insured arising out of the use or operation of an insured non-owned vehicle; and (b) the insured shall reimburse the corporation, upon demand, the amount that the corporation has paid by reason of any statute relating to automobile insurance and which the corporation would not otherwise be liable to pay under this section. Application of third party liability coverage 246(11) Notwithstanding this regulation and the Automobile Insurance Plan Regulation , this Part does not apply to a bodily injury or death for which benefits are payable under Part 2 of the Act. M.R. 96/2003 ; 188/2014 ; 22/2017 ; 37/2020 ; 39/2025 DIVISION III CONDITIONS OF COVERAGE Conditions of coverage 247 Subject to section 22 of the Act, coverage under this Part is subject to the conditions set out in this Division. M.R. 96/2003 Giving of notice 248 Upon the happening of any loss or damage for which coverage is provided under this Part, the insured shall promptly notify the corporation of any other insurance of the same interest whether valid or not, insuring against all or any part of the loss or damage. M.R. 96/2003 Driving limitations 249(1) The insured shall not drive or operate any insured non-owned vehicle in respect of which coverage is provided under this Part (a) where he or she is not for the time being qualified or authorized by law to operate a vehicle or, if the law does not prescribe any qualification, while under the age of 16 years; (b) while his or her licence to drive or operate a vehicle is suspended, or while his or her right to obtain a licence is suspended, or while he or she is prohibited, under order of any court, from driving or operating a vehicle; (c) for any illicit or prohibited trade or transportation; (d) in any race or speed test; (e) when attached thereto is a trailer that, being required to be registered under The Drivers and Vehicles Act , is not so registered; (f) to escape or avoid arrest or other similar police action or in contravention of a signal from a peace officer requiring him or her to bring the vehicle to a stop; (g) with the intention of wilfully or deliberately causing bodily injury, death, or damage to property; (h) while he or she is 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 (i) while in a condition for which he or she is convicted of an offence under subsection 320.14(1), (2) or (3) of the Criminal Code (Canada); (j) [repealed] M.R. 185/2018 . 249(2) The insured shall not permit, suffer, allow, or connive at the use of an insured non-owned vehicle for which coverage is provided under this Part by any person in any way or for any purpose contrary to subsection (1). M.R. 96/2003 ; 36/2006 ; 111/2018 ; 185/2018 ; 9/2026 Excluded uses 250(1) The corporation shall not be liable under this Part while the insured non-owned vehicle (a) is used for any delivery purpose or for carrying goods for compensation or hire; (b) is used as a vehicle for hire, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire; provided that the use by a person of a vehicle to transport themselves and one or more other persons who give consideration in respect of the cost of the trip is deemed not to be using the vehicle as a vehicle for hire, despite the provisions of any vehicle for hire by-law, if (i) the final destination of the trip is determined by the person operating the vehicle, and (ii) the operator's purpose in taking the trip is not primarily to carry or transport passengers for gain; (c) is used for a business purpose arising out of a funeral; (d) is used as an emergency vehicle, as that term is defined in The Highway Traffic Act ; (e) is used to transport logs, pulpwood, shavings, rough lumber and ties; (f) is used to transport gasoline, oil, propane or other petroleum or chemical products; and (g) is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for any other purposes. Rental of insured non-owned vehicle 250(2) The corporation shall not be liable under this Part if an insured non-owned vehicle is rented by an insured to another person. M.R. 96/2003 ; 31/2007 ; 19/2018 Requirements where coverage might be asserted 251 Where coverage under this Part is or might be asserted, the insured shall (a) promptly provide the corporation with written notice containing all available particulars of any accident involving loss or damage to the persons or property of others, and of any claim made in respect of any such accident; (b) provide such affidavit or statutory declaration as the corporation may require in verification of the fact that the accident, as a result of which coverage is claimed under this Part, arose out the operation of the insured non-owned vehicle, by an insured; and (c) forward to the corporation every statement of claim, writ, letter, document, or advice relating to a claim against an insured for which coverage may be provided under this Part, immediately upon receipt thereof. M.R. 96/2003 Insured to cooperate etc. 252 The insured shall not voluntarily assume any liability or settle any claim except at his or her own cost and the insured shall not interfere with the corporation in any negotiations or settlement or in any legal proceedings but whenever requested by the corporation, the insured shall aid in securing information and evidence, as well as the attendance of any witness, and shall cooperate with the corporation, except in a pecuniary way, in the defence of any action or proceeding, or in the prosecution of any appeal taken by the corporation on behalf of the insured. M.R. 96/2003 Reports 253 Where the insured is required to furnish a report under section 155 of The Highway Traffic Act under subsections 6(4), (5) and (6) of The Manitoba Public Insurance Corporation Act , he or she shall comply therewith in every particular, and the onus of proving that compliance is upon the insured. M.R. 96/2003 Corporation may provide information 253.1(1) In respect of an accident to which section 155 of The Highway Traffic Act applies, the corporation may on request provide information in its possession to a person described in subsection (2) of that provision, if satisfied that the person requires the information to commence a court proceeding concerning the accident. 253.1(2) In subsection (1), the information that the corporation may provide is limited to the information required to be given under clause 155(3)⁠(a) and subclause 155(3)⁠(e)⁠(i) of The Highway Traffic Act , as of the date of the accident. 253.1(3) When a person requests the information, the person must make a declaration that (a) is in the form and contains the information the corporation requires; and (b) satisfies the corporation that the person needs the information to commence a court proceeding concerning the accident. M.R. 15/2018 Requirements upon occurrence of loss 254 Upon occurrence of any loss or damage to an insured non-owned vehicle the insured shall, if the loss or damage is insured under this Part (a) as soon as reasonably possible give notice in writing thereof, in addition to any report that may be required under section 253, to the corporation, with fullest information available at the time, and at the expense of the corporation, and as far as is reasonably possible, and subject to sections 255 and 256, protect the vehicle from further loss or damage; (b) deliver, if required by the corporation, but subject to section 257, within 90 days of the loss or damage, a statutory declaration stating to the best of the insured's knowledge and information, the place, the time, the cause, and the amount of the loss or damage, the interest of the insured, and all others therein, the encumbrances thereon, all other insurance relating to the insured non-owned vehicle, whether valid or invalid, and stating that the loss or damage was not wilfully procured by the insured or by any person with the collusion of the insured, or by any person with the connivance of the insured. M.R. 96/2003 Loss not recoverable 255 Any further loss or damage to which reference is made in clause 254(a) accruing directly or indirectly from failure to protect, is not recoverable under this Part. M.R. 96/2003 Repairs 256 No repairs shall be undertaken, and no physical evidence of the loss or damage shall be removed, without the written consent of the corporation, except such repairs as are immediately necessary for the protection of the insured non-owned vehicle from further loss or damage, until the corporation has had a reasonable time to make the inspection referred to in section 265. M.R. 96/2003 Waiver of declaration 257 The corporation may waive the requirement for a statutory declaration under clause 254(b), and if the corporation pays a claim under this Part before or without having received a statutory declaration, that payment shall be deemed to be a waiver. M.R. 96/2003 Examination under oath 258 The insured shall submit to examination, under oath, and shall produce for examination, at such reasonable time and place as is designated by the corporation or its representative, all documents in his or her possession or control that relate to the matters in question, and permit copies thereof, and extracts therefrom, to be made. M.R. 96/2003 Insurance money not more than actual value of property 259 The corporation is not liable beyond the actual cash value of the insured non-owned vehicle at the time that any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed what it would cost to repair or replace such non-owned vehicle or any part thereof, as the case may be, with material of the like, kind and quality; but if any part of the vehicle is obsolete and out of stock, the liability of the corporation in respect thereof, is limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price. M.R. 96/2003 Corporation may repair, replace or rebuild 260 Except where an appraisal under section 263 has been made, the corporation, instead of making payment, may, within a reasonable time, repair, rebuild or replace the property damaged or lost with other material or property of a like kind and quality, if within seven days after receipt of proof of loss, it gives written notice of its intention to do so. M.R. 96/2003 Abandonment without consent 261 There shall be no abandonment of the insured non-owned vehicle to the corporation without the consent of the corporation, and if the corporation exercises the option to replace such non-owned vehicle or pays the actual cash value of the vehicle, the salvage, if any, vests in the corporation. M.R. 96/2003 Payment of loss to policyholder and others 262 Where the corporation elects not to repair, replace or rebuild the insured non-owned vehicle, but instead to pay the actual cash value of the loss or damage, and the corporation is aware of the existence of the interest of another person in such non-owned vehicle, the corporation may make payment of insurance moneys jointly to the policyholder and that other person. M.R. 96/2003 Settlement of dispute as to quantum or adequacy of repairs 263(1) Where there is disagreement as to the nature and extent of the repairs and the replacements required, or as to their adequacy, if affected, or as to the amount of insurance moneys payable in respect of any loss or damage, the question shall be determined by appraisers before recovery can be had under this Part; and in that event, there shall be a determination by appraisers, independent of all other questions, and whether or not coverage is admitted by the corporation under this Part. 263(2) Where there is a dispute as referred to in subsection (1), the policyholder and the corporation shall each nominate an appraiser to act on his or her behalf and shall notify the other of the name, address, and telephone number of the appraiser nominated by him, her or it. 263(3) Should one of the parties fail to nominate or give the notice required in subsection (2), within five days of his, her or its receipt of such a notice from the other party, the party who or which has failed to give notice shall be deemed to concur in the appraisal or estimate originally proposed by the other party, and the parties are bound thereby. 263(4) Where both parties have nominated appraisers under subsection (2), the two appraisers shall meet or communicate within five days of the receipt of notice by the second of the parties to receive notice, and shall attempt to settle the matter or matters in dispute, and an award made pursuant to such a settlement is binding upon the parties. 263(5) Where the appraisers cannot agree, they may, by mutual agreement upon the appointment of an independent umpire, refer the matter or matters in dispute to the umpire for final determination, and in that event the decision of the umpire is final and binding. 263(6) Where the appraisers are unable to agree upon the appointment of an independent umpire, any appraiser or party may apply to a Court of King's Bench judge to appoint an umpire; and the Court of King's Bench judge to whom application is made, shall appoint an umpire within five days of the date of the application, and the decision of an umpire so appointed by a judge is final and binding. 263(7) Each party shall pay the appraiser nominated by him, her or it and the parties shall bear equally any other costs incidental to the appraisal, including the costs of the umpire. 263(8) Any notice required under subsection (2) shall be given by postage pre-paid mail that provides the sender with an acknowledgement of receipt. M.R. 96/2003 No waiver 264 Neither the corporation nor the insured, shall be deemed to have waived any term or condition of this Part by any act relating to the appraisal or to the investigation or adjustment of any claim. M.R. 96/2003 Inspection 265 The corporation may, at all reasonable times, inspect any insured non-owned vehicle as well as its equipment. M.R. 96/2003 Time of payment 266 The corporation shall pay insurance moneys for which it is liable within 30 days after the statutory declaration has been received by it, or in the event of an appraisal under subsection 263(1) within 15 days after the award is rendered. M.R. 96/2003 No notice or statutory declaration by insured 267 Where an insured fails, neglects or refuses to give notice of a claim or make a statutory declaration as required by this Division, that notice of claim or statutory declaration may be made by a party to whom insurance moneys may be payable under this Part. M.R. 96/2003 Action against the corporation 268 Neither the insured nor any other person who, by virtue of section 40 of the Act, may be entitled to make claim against the corporation for coverage under this Part, may bring an action against the corporation to recover insurance moneys until there has been full compliance with sections 251 and 252, and either (a) the amount of insurance moneys payable by the corporation has been determined by a court of competent jurisdiction following the conclusion of all judicial proceedings including appeals; or (b) all issues, including the issue of quantum of damages, have been settled by agreement between the parties with the written consent of the corporation. M.R. 96/2003 DIVISION IV GENERAL PROVISIONS Non-owned vehicle policy effective and expiry date based on local time 269(1) Non-owned vehicle extension policies, for which coverage is provided under this Part, become effective at 12:01 a.m. on the effective date as shown on the application or at the application time if the application date is to be the effective date and will expire at midnight on the expiry date as shown on the application. 269(2) For the purpose of determining times as referred to in subsection (1), they shall be applicable to the local time of the jurisdiction in which the insured non-owned vehicle is being operated. M.R. 96/2003 Notice 270 Any written notice to the corporation may be delivered at, or sent by postage pre-paid mail that provides the sender with an acknowledgement of receipt. Any written notice to an insured may be personally given to him or her or sent by postage pre-paid mail that provides the sender with an acknowledgement of receipt to the latest post office address as notified to the corporation. M.R. 96/2003 Multiple non-owned vehicles 271(1) Where an insured has the use or control of more than one insured non-owned vehicle at the same time, each valid and subsisting non-owned vehicle extension policy, issued under this Part, will provide coverage under this Part, limited on a one non-owned vehicle extension policy to one non-owned vehicle ratio. Concurrent policies 271(2) Where an insured non-owned vehicle is, at the time of any loss for which coverage is provided under this Part, occupied by more than one insured, the non-owned vehicle extension policy of the policyholder who is the individual who borrowed or rented the insured non-owned vehicle will apply. M.R. 96/2003 PART XIV TRANSITIONAL 272 to 274 [Repealed] M.R. 37/2020 ; 9/2026 Transitional — annual policies, short-term policies and temporary registration permits 275(1) This section applies to any of the following that is in effect at the time that this section comes into force: (a) an annual policy; (b) a short-term policy for a duration of less than one year; (c) a temporary registration permit issued under section 22 of the Vehicle Registration Regulation . 275(2) The terms that apply to a policy or permit, including the class of coverage for the policy under Part V and the terms relating to third party liability coverage, immediately before the coming into force of this section continue to apply until the policy or permit expires or is transferred, cancelled or suspended. 275(3) If a term in the policy is changed while the policy is in effect, any new term is limited to the policy terms available at the time of the change. M.R. 39/2025 Transitional — multi-year policies 276(1) This section applies to a multi-year policy that is in effect at the time that this section comes into force. 276(2) The terms that apply to a policy, including the class of coverage for a policy under Part V and the terms relating to third party liability coverage, immediately before the coming into force of this section continue to apply until the policy expires, lapses or is renewed, cancelled, suspended or transferred. 276(3) If a term in the policy is changed while the policy is in effect, any new term is limited to the policy terms available at the time of the change. M.R. 39/2025 Transitional — annual policies, short-term policies and temporary registration permits 277(1) This section applies to any of the following that is in effect before April 1, 2026, and remains in effect on April 1, 2026: (a) an annual policy; (b) a short-term policy for a duration of less than one year; (c) a temporary registration permit issued under section 22 of the Vehicle Registration Regulation . 277(2) The terms that apply to a policy or permit, including the class of coverage for the policy under Part V and the deductible amounts, immediately before April 1, 2026, continue to apply until the policy or permit expires or is transferred, cancelled or suspended. 277(3) If a term in the policy or permit is changed while the policy or permit is in effect, any new term is limited to the terms available and in force under this regulation as it read immediately before April 1, 2026. 277(4) In respect of non-owned vehicle extension coverage that is obtained under Part XIII before April 1, 2027, the maximum amount of coverage that is provided under clause 245(3)⁠(a) or subclause 245(3.1)⁠(a)⁠(i) for an incident occurring after March 31, 2026, is (a) $750 if the insured vehicle is subject to a $750 deductible under subsection 51(1) at the time of the incident; (b) $1,000 if the insured vehicle is subject to a $1,000 deductible under subsection 51(1) at the time of the incident; (c) $225 if the insured vehicle is subject to a $225 deductible under subsection 51(1) at the time of the incident; and (d) $300 if the insured vehicle is subject to a $300 deductible under subsection 51(1) at the time of the incident. M.R. 9/2026 Transitional — multi-year policies 278(1) This section applies to a multi-year policy that is in effect before April 1, 2026, and remains in effect on April 1, 2026. 278(2) In respect of the terms of a policy relating to deductible amounts, (a) the terms of a policy that apply immediately before April 1, 2026, continue to apply until the end of the annual rating term that is in effect on April 1, 2026; and (b) the terms of a policy that are available and in force under this regulation at the beginning of an annual rating term that begins after March 31, 2026, are the terms that are available for that rating term. 278(3) If a term in a policy is changed during an annual rating term, the following apply: (a) during the annual rating term that is in effect on April 1, 2026, any new term is limited to the policy terms available and in force under this regulation as it read immediately before April 1, 2026; (b) for any subsequent annual rating term, any new term is limited to the policy terms that are available at the time of the change. M.R. 9/2026 Transitional — default extension coverage if no application made 279(1) If, on the first annual rate reassessment after March 31, 2026, a person does not apply for a specific class of extension insurance referred to in clause 128(b), the person's policy continues as before with the same class of coverage, if any, subject to the following exceptions: (a) a policy without extension coverage of a class referred to in clause 128(b) is converted into a policy with Class 11 coverage; (b) a policy with Class 1 coverage is converted into a policy with Class 9 coverage. 279(2) Subsection (1) applies only in respect of multi-year policies that are in effect on March 31, 2026, and remain in effect on April 1, 2026, but does not apply if (a) the person expressly declines extension insurance of any class referred to in clause 128(b); or (b) the person is not eligible to apply for a class of extension insurance referred to in clause 128(b). M.R. 9/2026 SCHEDULE A (Section 20) IMPAIRMENT BENEFITS Impairment 1. Quadriplegia SCHEDULE B (Section 51) DEDUCTIBLES Class of Vehicle Deductible 1. Truck tractors