C.C.S.M. c. I40
|
|
|
| PART XII
|
| 326 and 327
|
|
|
| PART XIII
|
|
| MUTUAL INSURANCE COMPANIES
|
| 328(1)
| Application of Part
|
| (2)
| Provisions of this Part to prevail
|
| 329
| Limitation on mutual insurance company business
|
|
| CONTRACTS
|
| 330
| Duration of policies
|
| 331
| Commencing business
|
| 332
| Policies and applications
|
|
| RATES OF INSURANCE
|
| 333(1)
| Rates and amount
|
| (2)
| Rates of hail insurance in special areas
|
| 334
| Reinsurance
|
| 335
| Minimum fire rates
|
|
| CANCELLATION AND TRANSFER OF CONTRACTS
|
| 336
| Liability of insured on cancellation
|
| 337(1)
| Assignment of policy
|
| (2)
| Assignment as collateral security
|
|
| PREMIUM NOTES AND ASSESSMENTS
|
| 338
| Premium rates
|
| 339
| No lien on land
|
| 340(1)
| Premium part cash
|
| (2)
| Surplus of assessments
|
| 341(1)
| Assessments
|
| (2)
| Notice of assessment
|
| (3)
| Requirements of notice
|
| 342
| Assessments in hail companies
|
| 343(1)
| Non-payment of assessment voids policy
|
| (2)
| Liability continues
|
| 344
| Assessments to be proportionate
|
| 345
| Suit for assessment
|
| 346
| Certificate of insurer evidence
|
| 347
| Surrender of note
|
|
| LOSSES UNDER CONTRACTS
|
| 348
| Retention of amount of note
|
| 349
| Execution against insurer
|
| 350
| Setting off debts against hail losses
|
| 351
| Deduction
|
|
| RESERVE AND GUARANTEE FUND
|
| 352(1)
| Creation of reserve fund
|
| (2)
| Application against losses
|
| (3)
| Property in reserve fund
|
| 353
| Reserve fund of hail companies
|
|
| PART XIV
|
|
| RECIPROCAL AND INTER-INSURANCE EXCHANGES
|
| 354
| Definitions
|
| 355
| Authority for exchange of reciprocal contracts of insurance
|
| 356
| Subscribers not insurers
|
| 357(1)
| Execution of contract
|
| (2)
| Who may maintain action
|
| 358
| Declaration by members of exchange
|
| 359
| Licence
|
| 360
| Evidence before issue of licence for
|
| 361
| Service of process
|
| 362
| Statement of maximum indemnity
|
| 363(1)
| Exchange must maintain a reserve fund
|
| (2)
| Exchange must maintain a guarantee fund
|
| (2.1)
| Funds must have separate assets
|
| (3) and (4)
|
|
| (5)
| Deficiency
|
| (6)
| Use of funds supplied to make up deficiency
|
| (7)
| "Approved securities"
|
| 364(1)
| Investment of surplus and reserve
|
| (2)
| Proof of investment in case of other companies
|
| 365(1)
| Contracts for subscribers only
|
| (2)
| Reinsurance
|
| 366(1)
| Attorney not to act until licence granted
|
| (2)
| Penalty
|
| 367(1)
| Suspension or cancellation of licence
|
| (2)
| Publication of notice
|
| 368
| Fire insurance in unlicensed exchange may be effected out of Manitoba
|
| 368.1
| Regulations
|
|
| PART XV
|
|
| AGENTS, BROKERS AND ADJUSTERS
|
|
| INSURANCE AGENTS
|
| 369(1)
| Not to act without licence
|
| (2)
| Selling annuity contracts
|
| 370(1)
| Application for
|
| (2)
| Approved of
|
| (2.1)
| Exception re approval
|
| (3)
| Who may approve
|
| (3.1)
| Duty of care of person or insurer giving approval
|
| (4)
| Proof of liability insurance required on application
|
| 371(1)
| Issue of licence
|
| (1.1)
| Liability insurance required
|
| (2)
| Refusal of licence
|
| (3)
| Restriction on issue of licences
|
| (4)
| Certificate of authority of corporation, etc., and naming of operating agent
|
| (5)
| Restriction thereon
|
| (6)
| Substitution of "licence" etc., for "certificate of authority"
|
| (7) and (8)
|
|
| (9)
| Regulation prescribing functions of agent
|
| (10)
| Agent may hold out as broker
|
| 372
| Classes of licences
|
| 372.1(1)
| Failure to have liability insurance
|
| (2)
| Notice to superintendent
|
| 373(1)
| Expiry and renewal of licence
|
| (1.1)
| Proof of liability insurance required on renewal
|
| (2)
| Where agency terminated
|
| (2.1)
| Approval of reinstatement of licence
|
| (3)
| Regulations to alter renewal date
|
| 374
|
|
| 375(1)
| Investigation by superintendent, etc.
|
| (1.1)
| Disciplinary actions by the superintendent
|
| (1.2)
| Deadline for payment of a fine or costs
|
| (1.3)
| Extension of deadline
|
| (1.4)
| Method of giving notice
|
| (1.5)
| Payment of fine or costs postponed pending appeal
|
| (1.6)
| Failure to pay fine or costs
|
| (1.7)
| Interest payable on unpaid fines and costs
|
| (1.8)
| Fines and costs receivable by superintendent
|
| (2)
| Privileged information
|
| 376
| No new licence for one year after cancellation
|
| 377(1)
| Exemption of holder
|
| (2)
| Limitation on effect of subsection (1)
|
| 378(1)
| May not offer compensation to prospect
|
| (2)
| No commission if not a holder
|
| (3)
| Certain agreements respecting premiums prohibited
|
| (4)
| Rebates of premiums, etc., prohibited
|
| (5)
| Exceptions
|
| (6)
| Agents of fraternal societies
|
| (7)
| Salaried officials, etc., acting without licence
|
| (8)
| Exception
|
| (9)
| Exception
|
| (10)
| Head office employees
|
| (11)
| Payment of commission restricted
|
| (12)
| Twisting life insurance policies prohibited
|
| (13)
| Offence to solicit cancellation of policy
|
| 379
| Reciprocal arrangement respecting agents
|
| 380(1)
| Licence as agent to transportation corporation
|
| (2)
| Regulation by Lieutenant Governor in Council
|
|
| SPECIAL INSURANCE BROKER'S LICENCE FOR BUSINESS WITH UNLICENSED INSURERS
|
| 381(1)
| Special insurance broker's licence
|
| (2)
| Application
|
| (3)
| Issue of licence
|
| (3.1)
| Term of licence
|
| (4)
| Renewal
|
| (5)
| Security required
|
| (6)
| Suspending or cancelling a licence
|
| (7)
| When suspension or cancellation is automatic
|
| (8)
| Personal liability of special insurance broker
|
| 382(1)
| Arranging insurance with unlicensed insurers
|
| (2)
| Statement from insured required
|
| (3)
| Return to superintendent
|
| (4)
| Records of contracts with unlicensed insurers
|
| (5)
| Inspection of records
|
| (6)
| Monthly return
|
| 383
| Release of security
|
| 384
| Prohibition accepting contracts from agents
|
|
| LICENCES OF INSURANCE ADJUSTERS
|
| 385(1)
| Issuing licences
|
| (2)
| Restriction on issue of licences
|
| (3)
| Application for licence
|
| (4)
| Issue of licence
|
| (5)
| Requirements for adjuster's licence
|
| (5.1)
| Liability insurance required
|
| (6)
| Renewal
|
| (6.1)
| Proof of liability insurance required on renewal
|
| (7)
| Investigation by superintendent, etc.
|
| (7.1)
| Application of subsections 375(1.2) to (1.8)
|
| (8)
| Offence
|
| (8.1)
| Failure to have liability insurance
|
| (8.2)
| Notice to superintendent
|
| (9)
| Persons to whom this section does not apply
|
| 386(1)
| Prohibition against acting as assistant adjuster
|
| (2)
| Application
|
| (3)
| Issue of licence
|
| (4)
| Issue of renewal licence
|
| (5)
| Employment of assistant adjuster
|
| (6)
| Transfer of services
|
| (7)
| Suspension of licence on termination of employment
|
| (8)
| Term of licence
|
| (9)
| Investigation by superintendent
|
| (9.1)
| Application of subsections 375(1.2) to (1.8)
|
| 387(1)
| Solicitation for adjustment prohibited
|
| (2)
| Exception
|
| 388
| Disclosure of name of insurer
|
|
| LICENSING APPEALS AND THE INSURANCE AGENTS' AND ADJUSTERS' LICENSING APPEAL BOARD
|
| 389
| Definition of appeal board
|
| 389.1(1)
| Co-ordinator of licensing appeals
|
| (2)
| Appellant to notify co-ordinator
|
| (3)
| Notification to contain details
|
| (4)
| Duties of co-ordinator
|
| (5)
| Method of notification
|
| 389.2(1)
| Establishment of appeal board
|
| (2)
| Membership of the board
|
| (3)
| Composition of the board
|
| (4)
| Chairperson
|
| (5)
| Vice-chairperson
|
| (6)
| Hearings by panels of the appeal board
|
| (7)
| Constitution of panels
|
| (8)
| Substitution of panel members
|
| (9)
| Remuneration and expenses
|
| (10)
| Oath
|
| 389.3(1)
| Rules of procedure
|
| (2)
| Quorum
|
| (3)
| New hearing
|
| (4)
| Representation by counsel
|
| (5)
| Decision of board
|
| (6)
| Extension of deadline
|
| (7)
| Majority decision of appeal panel and voting
|
| (8)
| Withdrawal of panel member
|
| (9)
| Appeal hearing may proceed in absence of appellant
|
| (10)
| Adjournment of hearings
|
| (11)
| Written notification of decision
|
| (12)
| Powers of board
|
| (13)
| Withdrawal of appeal
|
| (14)
| Expert witnesses
|
|
| AGENTS, BROKERS AND ADJUSTERS GENERALLY
|
| 390
| Effect of payments to agents
|
| 391
| Holding out
|
| 392(1)
| List published
|
| (2)
| Personal liability of agent for unlawful contracts
|
| 393
| Payments to agents a trust
|
| 394
| Return of agents by insurer
|
| 395(1)
| Appeal from decision of superintendent
|
| (2)
| Appointment of designated person and regulations
|
| (3)
| Reinstatement of suspended or cancelled licence
|
| (4)
| Decision of designated person or appeal board
|
| (5)
| Revocation of reinstatement
|
| 396(1)
| Restrictions on licence
|
| (2)
| Reprimand
|
| (3)
| Reprimand, etc. to form part of records
|
| (4)
| Removal of reprimands, suspensions or conditions
|
| 396.1(1)
| Definitions
|
| (2)
| Regulations establishing insurance councils
|
| (3)
|
|
| (4)
| Regulations re membership, powers, functions and duties of councils
|
| (5)
| Delegation of powers
|
| (6)
| Fees
|
| (7)
| Specific powers and functions
|
| (8)
| Regulations Act not applicable
|
| (9)
| Rules require approval
|
| (10)
| Appeals from licence refusal
|
| (11)
| Review of decisions
|
| 396.2
| Regulations
|
|
| PART XVI
|
|
| AMALGAMATION, TRANSFER AND REINSURANCE
|
| 397
| "Reinsurance" defined
|
| 398
| Saving effect
|
| 399(1)
| Transfer and reinsurance
|
| (2)
| Reinsurance
|
| 400
| Agreement for
|
| 401(1)
| Petition for in case of life insurers
|
| (2)
| Service of notice of hearing
|
| (3)
| Fraternal society
|
| (4)
| Inspection
|
| 402
| Documents with application
|
| 403
| Hearing of application
|
| 404
| Recommendation of superintendent
|
| 405
| Refusal of recommendation
|
| 406
| Statutory novation on amalgamation, transfer or reinsurance under this Part
|
| 407
| Transfer of contracts where insurer leaves Manitoba
|
| 408
|
|
| 409
|
|
|
| PART XVII
|
|
| OFFENCES AND PENALTIES
|
| 410(1)
| Offences
|
| (2)
| Penalties
|
| (3)
| Additional fine
|
| (4)
| Continuing offence
|
| (5)
| Liability of directors and officers
|
| (6)
| Order to comply
|
| (7)
| Restitution
|
| (8)
| Filing restitution order in Court of Queen's Bench
|
| 411
| Time limit for prosecution
|
| 412(1)
| Application for compliance order
|
| (2)
| Compliance order
|
| (3)
| Application by an insurance council
|