C.C.S.M. c. I40
|
|
| (3)
|
|
| (4)
| Limitation on liability
|
| (5)
| Rights of insured under replacing group contract
|
| 209(1)
| Contents of group certificate
|
| (2)
| Exception
|
| 210(1)
| Exceptions or reductions
|
| (2)
| Placing of exceptions
|
| (3)
| Reference in endorsements
|
| (4)
| Saving
|
| (5)
| Application of section
|
| 211
| Statutory conditions
|
|
| STATUTORY CONDITIONS
|
| 1(1)
| The contract
|
| (2)
| Waiver
|
| (3)
| Copy of application
|
| 2
| Material facts
|
| 3(1)
| Changes in occupation
|
| (2)
|
|
| 4
| Relations of earnings to insurance
|
| 5
| Termination by insured
|
| 6(1)
| Termination by insurer
|
| (2)
|
|
| (3)
|
|
| 7(1)
| Notice and proof of claim
|
| (2)
| Failure to give notice or proof
|
| 8
| Insurer to furnish forms for proof of claim
|
| 9
| Rights of examination
|
| 10
| When moneys payable other than for loss of time
|
| 11
| When loss of time benefits payable
|
| 12
| Limitation of actions
|
| 212(1)
| Omission or variation of conditions
|
| (2)
| Conditions 3, 4 and 9
|
| (3)
| Conditions 5 and 6
|
| (4)
| Less favourable variation
|
| (5)
| No variation
|
| (6)
| Time
|
| (7)
| Reproduction
|
| (8)
| Fraternal society
|
| 213
| Notice of statutory conditions
|
| 214(1)
| Termination for non-payment of initial or renewal premium
|
| (2)
| Exception
|
| 215(1)
| Right where premium unpaid
|
| (2)
| Where cheque or note for premium not paid
|
| (3)
| Exception
|
| (4)
| Fraternal society
|
| 216
| Insurable interest
|
| 217(1)
| Lack of insurable interest
|
| (2)
| Exceptions
|
| (3)
| Consent of minors
|
|
| POLICIES ON LIVES OF MINORS
|
| 218
| Capacity of minors
|
|
| MISREPRESENTATION AND NON-DISCLOSURE
|
| 219(1)
| Duty to disclose
|
| (2)
| Failure to disclose
|
| (3)
| Group insurance failure to disclose
|
| 220(1)
| Incontestability
|
| (2)
| Exception
|
| 221
| Application of incontestability to reinstatement
|
| 222
| Pre-existing conditions
|
| 223(1)
| Misstatement of age
|
| (2)
| Misstatement of age in group insurance
|
| (3)
| True age governs
|
|
| BENEFICIARIES
|
| 224(1)
| Designating a beneficiary
|
| (2)
| Designation in invalid will
|
| (3)
| Priorities
|
| (4)
| Revocation
|
| (5)
| Revocation
|
| 225(1)
| Meaning of "heirs", etc.
|
| (2)
| Death of beneficiary
|
| (3)
| Right to sue
|
| (4)
| Insurer's defences
|
| (5)
| Payment discharges insurer
|
| 226
| Trustee for beneficiary
|
| 227(1)
| Documents affecting title
|
| (2)
| Saving
|
| (3)
| Interest of assignee
|
| (4)
| Assignee deemed to be insured
|
| (5)
| Prohibition against assignment
|
| 228(1)
| Insurance money free from creditors
|
| (2)
| Contract exempt from seizure
|
| 229(1)
| Group person insured enforcing rights
|
| (2)
| Simultaneous deaths
|
| 230(1)
| Payment into court
|
| (2)
| Costs of proceedings
|
| (3)
| Discharge of insurer
|
| (4)
| Where beneficiary a minor
|
| (5)
| Costs
|
| (6)
| Procedure
|
| (7)
| Beneficiary under disability
|
| (8)
| Payments not exceeding $2,000.
|
| (9)
| Place of payment
|
| (10)
| Exception for group insurance
|
| (11)
| Dollars
|
| (12)
| Payment outside province
|
| (13)
| Payment to personal representative
|
| (14)
| Action in province
|
| (15)
| Insurer giving information
|
| (16)
| Undue prominence
|
| (17)
| Relief from forfeiture
|
| (18)
| Confinement condition
|
| (19)
| Presumption against agency
|
|
| PART VII
|
|
| AUTOMOBILE INSURANCE
|
| 231
| Definitions
|
| 232(1)
| Application of Part
|
| (2)
| Exception
|
| (3)
| Exception
|
| (4)
| Exception
|
|
| APPROVAL OF FORMS
|
| 233(1)
| Approval of forms by superintendent
|
| (2)
| Insurer requiring additional information
|
| (3)
| Approval of policies in special cases
|
| (4)
| Approval of extensions
|
| (5)
| Condition of approval of extension
|
| (6)
| Approval of standard owners policy
|
| (7)
| Publication of standard owners policy
|
| (8)
| Revocation of approval
|
| (9)
| Reason for decision
|
|
| APPLICATION AND POLICY
|
| 234
| Persons forbidden to act as agent
|
| 235(1)
| Copy of application in policy
|
| (2)
| Policy issued where no signed application
|
| (3)
| Insured entitled to copy
|
| (4)
| Form of policy
|
| (5)
| Endorsement on forms
|
| (6)
| Certificate where standard owners policy in force
|
| (7)
| Application of other provisions where certificate issued
|
| (8)
| Proof of contents of contract
|
| 236(1)
| Misrepresentation or violation of conditions renders claim invalid
|
| (2)
| Use of application as defence
|
| (3)
| Proof required
|
| 237(1)
| Statutory conditions
|
| (2)
| Interpretation
|
|
| STATUTORY CONDITIONS
|
| 1(1)
| Material change in risk
|
| (2)
| Definition
|
| 2(1)
| Prohibited use by insured
|
| (2)
| Prohibited use by others
|
| 3(1)
| Requirements where loss or damage to persons or property
|
| (2)
| Prohibited acts of insured
|
| (3)
| Obligation of insured
|
| 4(1)
| Requirements where loss or damage to automobile
|
| (2)
| Further loss
|
| (3)
| Repair
|
| (4)
| Examination of insured
|
| (5)
| Insurer liable for cash value of automobile
|
| (6)
| Repair or replacement
|
| (7)
| No abandonment; salvage
|
| (8)
| In case of disagreement
|
| 5
| Inspection of automobile
|
| 6(1)
| Time and manner of payment of insurance money
|
| (2)
| When action may be brought
|
| (3)
| Limitation of actions
|
| 7
| Who may give notice and proofs of claim
|
| 8(1)
| Termination
|
| (2)
| Refund
|
| (3)
| Excess premium
|
| (4)
| Mode of payment
|
| (5)
| Time
|
| 9
| Notice
|
| 238(1)
| Exceptions respecting statutory conditions
|
| (2)
| Condition 3
|
| (3)
| Condition 4
|
| (4)
| Application of clause 2(2)(b) of conditions
|
|
| MOTOR VEHICLE LIABILITY POLICIES
|
| 239(1)
| Coverage of owner's policy specific automobile
|
| (2)
| Other automobiles
|
| (3)
| Death of person named in owner's policy
|
| 240
| Coverage of non-owner's policy
|
| 241
| Persons deemed not owners
|
| 242
| Territorial limits
|
| 243
| Rights of unnamed insured
|
| 244
| Additional agreements
|
| 245
| Exceptions from liability
|
| 246
| Exceptions
|
| 247
| Exclusion for machinery, etc. in operation
|
| 248(1)
| Exceptions
|
| (2)
| Interpretation
|
| (3)
| Exception
|
| (4)
| Certain rules excepted
|
| 249(1)
| Minimum liability under policy
|
| (2)
| Priorities
|
| (3)
| Minimum limits where separate limits designated
|
| (4)
| Variation of limits
|
| 250(1)
| Stipulation in motor vehicle liability policy
|
| (2)
| Power of attorney binding
|
| 251
| Excess insurance
|
| 252
| Termination of excess insurance
|
| 253
| Agreement for partial payment of claim by insured
|
| 254
| Offence
|
| 255(1)
| Interpretation
|
| (2)
| Liability when nuclear energy contract also in force
|
| (3)
| When contract deemed in force
|
| (4)
| Effective payment on behalf of insured
|
| (5)
| Demand for release
|
| (6)
| Consideration of payment in judgments
|
| (7)
| Intent of section
|
| 256(1)
| Defence where more than one contract
|
| (2)
| Hearing
|
| (3)
| Order
|
| (4)
| Contribution
|
| 257(1)
| Limitation of group automobile insurance
|
| (2)
| Where special rate permitted
|
| (3)
| Same lessee
|
| 258(1)
| Application of insurance money under motor vehicle liability policy
|
| (2)
| Limitation
|
| (3)
| Other creditors excluded
|
| (4)
| Insurer absolutely liable
|
| (5)
| Section applicable to purported policy
|
| (6)
| Contribution among insurers
|
| (7)
| Payment into court
|
| (8)
| Effect of order
|
| (9)
| Section 248 coverage and limitation on coverage
|
| (10)
| Defence where coverage under ss. 246, 247
|
| (11)
| Defence where excess limits
|
| (12)
| Defence where vehicle used in business of carrying passengers
|
| (13)
| Insured's liability to reimburse insurer
|
| (14)
| Insurer may be made third party
|
| (15)
| Rights of insurer
|
| (16)
| More than one insurer
|
| 259(1)
| Insured to give notice of action
|
| (2)
| Insured to disclose insurance
|
|
| PHYSICAL DAMAGE COVER
|
| 260
| Stipulations in physical damage cover
|
| 261(1)
| Partial payment of loss clause
|
| (2)
| Stamping required
|
| 262(1)
| Claims to be adjusted with insured
|
| (2)
| Exception
|
|
| LIMITED ACCIDENT INSURANCE
|
| 263(1)
| Uninsured motorist cover
|
| (2)
| Limited application
|
| 264(1)
| Medical expense coverage
|
| (2)
| Release by claimant
|
| (3)
| First loss and excess insurance
|
| (4)
| Excess insurance
|
| (5)
| Excess insurance
|
| 265(1)
| Accident benefits
|
| (2)
| Release by claimant
|
| (3)
| First loss and excess insurance
|
| (4)
| Excess insurance
|
| (5)
| Limit of benefit payable
|
| 266(1)
| Demand for particulars of insurance
|
| (2)
| Offence
|
| 267(1)
| Rights of unnamed insured
|
| (2)
| Liability in first instance
|
| (3)
| Saving clause
|
| 268(1)
| Payment into court
|
| (2)
| Discharge of insurer
|
| 269
| Limitation of action
|
| 270
| Demand on claimant
|
| 271
| Terms of certain insurances
|
|
| OTHER INSURANCE
|
| 272(1)
| Other insurance
|
| (2)
| Rateable proportion
|
| (3)
| Meaning of "rateable proportion"
|
|
| SUBROGATION
|
| 273(1)
| Subrogation
|
| (2)
| Pro-rating recovery
|
| (3)
| Action when section 261 applies
|
| (4)
| Application to court
|
| (5)
| Parties
|
| (6)
| Concurrence in settlement of release
|
|
| PART VIII
|
|
| LIVESTOCK INSURANCE
|
| 274
| Application of Part
|
| 275
| Extent of insurance
|
| 276
| Part IV statutory conditions apply
|
| 277(1)
| Term of insurance
|
| (2)
| Renewal of policy for one year or less
|
|
| PART IX
|
|
| WEATHER INSURANCE
|
| 278
| Application of Part
|
| 279
| Extent of insurance
|
| 280
| Part IV statutory conditions apply
|
| 281
| Duration
|
| 282
| Cash payment with premium note
|
|
| PART X
|
|
| HAIL INSURANCE APPLICATION OF PART
|
| 283(1)
| Application of Part
|
| (2)
| Interpretation
|
|
| HAIL COVERAGE
|
| 284(1)
| Powers of insurers
|
| (2)
| Superintendent may approve form of contract
|
| (3)
| Additional coverage
|
| (4)
| Other losses
|
| 285(1)
| Insurable interest
|
| (2)
| Payee need not have insurable interest
|
|
| APPLICATION FOR INSURANCE
|
| 286(1)
| Application for insurance
|
| (2)
| Policy to contain application
|
| (3)
| Contents of application
|
| (4)
| Contents of application and policy
|
| 287
| Duty of agents to forward applications
|
|
| COMMENCEMENT OF LIABILITY
|
| 288(1)
| Commencement of liability
|
| (2)
| Date of mailing
|
| (2.1)
| Application taken by agent
|
| (2.2)
| Notification to insurer
|
| (3)
| Application declined
|
| (4)
| Notice to applicant
|
| (5)
| Delivery of notice
|
| (6)
| Disposition of premium
|
| (7)
| Premium held by insurer may be credited on new application
|
| 289
| Procedure where wrong premium tendered
|
| 290(1)
| Procedure by insurer on delivery of application
|
| (2)
| Time for acceptance or rejection of application
|
| (3)
| Time for acceptance or rejection where order on third party for premium
|
| (4)
| When insurance effective
|
| (5)
| How notice of rejection given
|
| (6)
| When acceptance presumed
|
| 291
| Policy deemed to be in accordance with application
|
| 292(1)
| Expiry of contracts
|
| (2)
| When liability of insurer lapses
|
| (3)
| Term of contract may be extended
|
| 293(1)
| Partial payment of loss
|
| (2)
| No variation of statutory conditions
|
| 294(1)
| Premium rates
|
| (2)
| Effect of new rate
|
| 295(1)
| Rate of agents' commission to be filed
|
| (2)
| Rate filed to be maximum payable
|
| (3)
| Where maximum rate to apply to all agents
|
| 296
| Notice of termination when loss payable to third party
|
| 297
| Copy of adjustment given to insured
|
| 298(1)
| Procedure where acreage less than stated in application
|
| (2)
| Procedure where acreage more than stated in application
|
| 299
| Statutory conditions part of every policy
|
|
| STATUTORY CONDITIONS
|
| 1
| Misdescription, misrepresentation or omission
|
| 2
| Waiver of condition
|
| 3
| Officers of insurer deemed agents
|
| 4
| Minimum amount of damage
|
| 5
| Injury by causes other than hail
|
| 6
| Notice of claim
|
| 7
| Right of access of insurer
|
| 8
| Ascertainment of damage
|
| 9
| Proof of loss
|
| 10
| Proof to be made by insured personally
|
| 11
| Fraud or false statement vitiates claim
|
| 12
| Payment of loss
|
| 13
| When insured liable for expenses of adjustment
|
| 14
| Cancellation of policy
|
| 15
| Appraisal in case of disagreement
|
| 16
| Limitation of action
|
| 17
| Assignment or change of property
|
|
| PART XI
|
|
| FRATERNAL SOCIETIES
|
| 300
| Definitions
|
|
| APPLICATION OF PART
|
| 301
| Application of Part
|
|
| LICENSING OF SOCIETY
|
| 302
| Societies not to be licensed
|
| 303
| Endowment insurance annuities permitted
|
| 304
| Head office in the province
|
| 305(1)
| Governing body to represent lodge
|
| (2)
| Governing body in province
|
|
| CONSTITUTION AND RULES
|
| 306(1)
| Constitution and by-laws to be filed
|
| (2)
| Disallowance of amendments
|
| (3)
| Notice and appeal
|
| (4)
| Certifying by-laws and rules
|
| (5)
| Invalid certification
|
| 307
| Improper rules corrected before licence
|
| 308(1)
| Delivery of copy of rules
|
| (2)
| Penalty
|
| 309(1)
| Payment of insurance by instalments
|
| (2)
| Unpaid instalment at death
|
| (3)
| Unmatured contract not a liability
|
|
| MEMBER'S RIGHTS AND LIABILITIES
|
| 310(1)
| Liability of members
|
| (2)
| Withdrawal of member
|
| (3)
| Release from liability
|
| (4)
| Rules
|
| 311(1)
| Forfeiture of contract
|
| (2)
| "Fixed dates" defined
|
| (3)
| Reinstatement of member
|
| 312(1)
| Contract suspended or forfeited for just cause
|
| (2)
| Condition re intoxicating liquors
|
| 313(1)
| Notices to members
|
| (2)
| Notice of reduction of benefits
|
|
| REPORTS AND READJUSTMENT OF CONTRACTS
|
| 314(1)
| Filing of certified valuation of actuary
|
| (2)
| Declaration of actuary of soundness of society
|
| (3)
| Mailing to members
|
| (4)
| Exception
|
| 315(1)
| Report of inability of society
|
| (2)
| Minister's order to change rates and benefits
|
| (3)
| Action on order
|
| (4)
| Meeting to consider order
|
| 316
| Power to change rates and benefits
|
| 317(1)
| Failure of society to comply with order
|
| (2)
| Report of readjustment committee
|
| (3)
| Date of operation report
|
| (4)
| Duty of society
|
| 318(1)
| Inability of government employee society
|
| (2)
| Superintendent not responsible
|
|
| SPECIAL RATES AND BENEFITS
|
| 319(1)
| Special fund from new rates to pay contracts
|
| (2)
| New certificates to old members
|
| (3)
| Valuation to show separate fund
|
| (4)
| Merger of fund on declaration being filed
|
| (5)
| Saving
|
| 320
| Contracts on limited payments
|
| 321
| Special assessment for epidemic
|
| 322
| Pensions and endowments
|
| 323
| Special rates for expenses
|
| 324
| Certificate of actuary approving new rates
|
| 325
| Surplus
|
|
| 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
|
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