Part 1 — Licensing of Insurers and Reciprocal Insurance Exchanges Subpart 1 Licensing of Insurers Insurer's Duty to be Licensed
33 Automobile insurance
Alberta is subject to the following conditions:
(a) in any action in Alberta against the licensed insurer or its
insured arising out of an automobile accident in Alberta, the
insurer must appear and must not set up any defence to a
claim under a contract made outside Alberta, including any
defence as to the limit or limits of liability and prescribed
accident benefits under the contract, that could not be set up
if the contract were evidenced by a motor vehicle liability
policy issued in Alberta;
(b) in any action in another pr ovince or territory against the
licensed insurer or its insured arising out of an automobile
accident in that province or territory, the insurer must appear
and must not set up any defence to a claim under a contract
evidenced by a motor vehicle liability policy issued in
Alberta, including any defence as to the limit or limits of
RSA 2000
liability and prescribed accident benefits under the contract,
that could not be set up
(i) if the contract were evidenced by a motor vehicle
liability policy issued in the other province or territory,
or
(ii) under a scheme of no fault insurance that has been
established by statute in the other province or territory.
1999 cI-5.1 s33