Benefits

(1) Notwithstanding anything in any enactment, rule of law or the common law and without prejudice to any claim or action for damages made as a result of negligence, the insurer of a person who was on board a water taxi at the time of an accident involving the water taxi, out of which any bodily injury arose shall, irrespective of whether the person is negligent or not, pay as benefits to the injured third party all reasonable expenses incurred as a result of that injury for necessary medical, surgical, dental, hospital and nursing services up to an amount not exceeding five thousand dollars. (2) If within twenty days following an accident, the bodily injury totally disables an employed third party and prevents the third party from engaging in any occupation for wages or profit for which the third party is suited having regard to their skill and ability, the insurer shall pay to the injured third party a disability allowance of one hundred and twenty dollars per week, for the duration of that total disability or twenty-six weeks whichever period is the shorter. (3) If within twenty days following an accident, the bodily injury substantially and continuously disables a homemaker from performing regularly their household tasks and duties, the insurer shall pay the injured homemaker a disability allowance of forty dollars a week for the period of that total disability or twenty-six consecutive weeks whichever period is the shorter. (4) Where the bodily injury caused by an accident results in the death of the third party, the insurer shall promptly pay as indemnity burial and funeral expenses, not exceeding one thousand five hundred and fifty dollars, and if the deceased third party is survived by a spouse or a dependant, the insurer shall in addition pay death benefits based on the age and the status of the deceased third party as follows106 Status of Deceased Surviving Spouse Dependent Child Parents under 4 years - - $ 500 4- less than 12 years - - $1,000 12-16 years - $1,000 $1,500 over 16 years $2,500 $1,000 $1,500 (5) In addition to the benefits mentioned under this regulation, the insurer shall pay a supplemental death benefit of one thousand dollars for each surviving dependant other than the first, where the deceased third party is survived by a spouse and one or more dependants or by more than two dependants. (6) (a) Except with respect to weekly benefits, payment of benefits payable under these Regulations shall be made by the insurer within sixty days of receipt of proof of the claim. (b) In the case of weekly benefit payments, the insurer shall pay within four weeks of receipt of proof of the claim. (c) Continuing weekly payments shall be made by the insurer within each consecutive four- week period, while the insurer remains liable, if the third party furnishes proof of continuing disability whenever required to do so. (7) Subject to subregulation (8), no person shall commence an action or proceeding against an insurer for recovery of any claim for benefits under this regulation, after the expiration of six months from the date of the last benefit payment received by 107 the person or after the expiration of six months from the date of accident, whichever period is the longer. (8) The provisions of this regulation shall not be a bar to any action or proceeding where the delay is shown to have been due to any handicap resulting from the injury suffered or due to the actions of the insurer. (9) (a) An insurer, upon making payment of a benefit to an injured third party under this regulation, is subrogated to all rights of the insured to recovery of the amount of those benefits from any other person, and the insurer may bring an action in the name of the insured to enforce the rights of subrogation or recovery. (b) An insured shall co-operate with the co- insurer in all acts of subrogation or recovery, all the costs of which shall be paid by the insurer. (c) An insurer has complete authority to commence, carry on, or conclude any subrogation or recovery proceeding. (10) Where more than one vessel is involved in an accident out of which any bodily injury or damage to property is caused to a third party, the injured third party shall be entitled to claim the benefits set out in this regulation from the insurer of either vessel and the insurer shall be liable to pay the full benefits due to the claimant. (11) Where more than one vessel is involved in an accident out of which any bodily injury or damage to property was caused to a third party and the insurer against whom a claim is made by the injured third party is not the person liable to pay the claim, the insurer shall nevertheless pay the claim and be entitled to recover the sum from whoever is liable therefor. 108 (12) Where a claim is made for any benefit under this regulation, the insurer may have and the claimant shall afford the insurer or its medical representative full opportunity to examine the claimant and obtain a report when, and as often as is reasonably necessary throughout the time required to recover from an injury or to conclude the claim; and all examinations shall be at the expense of the insurer. (13) Where an insurer, at the time of an accident does not pay the benefit claimed within ten days of filing the claim, the claimant may report the matter to the Supervisor of Insurance and the Supervisor of Insurance may, if satisfied that the claim is proper and justified, make an order against the insurer to pay the claim. (14) Where the Supervisor of Insurance makes an order against an insurer to pay a claim, the insurer shall comply with the order and may then appeal to the Supreme Court against the (15) The Supreme Court procedure applicable to appeals from inferior courts shall apply to an appeal under subregulation (14).