C.C.S.M. c. I40
The Insurance Act
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 |