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C.C.S.M. c. I40
The Insurance Act
| 1 | Definitions |
| PART I | |
| SUPERINTENDENT AND HIS DUTIES | |
| 2(1) | Appointment of superintendent, deputy, and staff |
| (2) | Duties of |
| (3) | Applications under section 280 of The Corporations Act |
| 3 | Duties of deputy |
| 4(1) | Agreement with Canada for inspection of insurers |
| (2) | Provision for payment to Canada |
| (3) | Regulations for carrying agreement into effect |
| (4) | Superintendent to ascertain inspection expenditure during last preceding year |
| (5) | Assessment |
| (6) | Payment of assessment |
| 5(1) | Agreement for guarantee of insurers |
| (2) | Regulations |
| 6(1) | Taking evidence |
| (2) | Oaths |
| 7 | Superintendent not to be shareholder |
| 8(1) | Immunity of superintendent and insurance council |
| (2) | Actions by superintendent |
| (3) | Leave |
| BOOKS AND RECORDS | |
| 9(1) | Records of superintendent |
| (2) | Inspection |
| 10(1) | Notice of licence in Manitoba Gazette |
| (2) | Annual publication in Manitoba Gazette |
| (3) | Certificate of filing evidence |
| DUTIES RESPECTING LICENCES | |
| 11 | Superintendent to determine right to licence |
| 12(1) | Applications for approval by superintendent |
| (2) | Appeal |
| 13(1) | Decision of superintendent |
| (2) | Certified copy of |
| (3) | Stenographic report of evidence |
| 14 | Appeal |
| INVESTIGATION OF INSURERS | |
| 15 | Consequences of failure to answer inquiries |
| 16 | Access to books |
| 17 | Duty to furnish information on request |
| 18(1) | Annual inspection of insurers |
| (2) | Examination of affairs of insurer |
| (3) | Duty of officers and agents to facilitate examination |
| (4) | Production of books at head office |
| (5) | Examination of affairs of an insurer |
| (6) | Expenses of examination |
| (7) | Recovery of expenses |
| (8) | Assistants and their remuneration |
| (9) | Disposal of moneys paid for expenses |
| (10) | Inspection adopted |
| SERVICE OF PROCESS | |
| 19(1) | Service of process on superintendent |
| (2) | Contracts on cessation of licence |
| (3) | Insurer to file address |
| (4) | Superintendent to forward process |
| (5) | Record and remuneration |
| (6) | No judgment by default unless service is proved |
| ANNUAL REPORT | |
| 20(1) | Annual report |
| (2) | Permissible investments |
| (3) | Superintendent's correction of annual statements |
| (4) | Appraisement of real estate of insurer |
| (5) | Appraisement of security |
| (6) | Appraisement of other investments |
| (7) | What investments allowed |
| (8) | Saving |
| (9) | Appeal |
| APPEAL FROM SUPERINTENDENT'S DECISION | |
| 21(1) | Appeal |
| (2) | Certificate |
| PART II | |
| GENERAL PROVISIONS APPLICABLE TO INSURERS IN MANITOBA CARRYING ON BUSINESS | |
| 22(1) | Undertaking insurance |
| (2) | Carrying on business |
| 23(1) | Certain organizations deemed insurers |
| (2) | Definition of "contingency levy" |
| LICENCES | |
| 24(1) | Necessity of licence |
| (2) | Prohibition of unlicensed insurance |
| (3) | Prohibition against person acting on behalf of unlicensed insurer |
| (4) | Exceptions |
| (5) | Carrying on business in foreign jurisdiction without authority |
| (6) | |
| 25 | Reinsurance with unlicensed insurer |
| 26(1) | What insurers may be licensed |
| (2) | Effect of licence |
| 27(1) | Classes of insurance |
| (2) | Limited or conditional licence |
| (3) | Variation of conditions, etc. |
| (4) | Determination of classes of insurance by superintendent |
| (5) | Conditions of automobile insurance licence |
| (6) | Penalty for breach |
| 28 | Scope of life insurance |
| 29(1) | Scope of fire insurance licence |
| (2) | Insurance of automobiles against fire |
| 30(1) | Restrictions on granting licence |
| (2) | |
| (3) | Further restrictions on granting licences |
| (4) | Mutual insurance company |
| (5) | Application of other Part |
| (6) | Evidence by insurer whose head office outside of province |
| (7) | Certain types of agreements requiring superintendent's approval |
| (8) | Regulations designating members of guarantee plan |
| (9) | Obligations of membership |
| (10) | Failure to observe obligations |
| (11) | Exemptions from membership |
| 31 | Information preliminary to licence |
| 32(1) | Documents to be filed by applicants for licence |
| (2) | Exemption from certain filings |
| (3) | Changes |
| 33(1) | Statement of expenses of organization |
| (2) | To what limited |
| (3) | Conditions precedent to issue of licence |
| 34 | Form of licence |
| 35 | Issue of licence |
| CANCELLATION OF LICENCE | |
| 36(1) | Withdrawal of licence for non-payment of claims |
| (2) | Revival of licence |
| 37 | |
| 37.1 | Suspending or cancelling a licence |
| 38(1) | Insufficiency of assets to be reported by superintendent |
| (2) | Suspension or cancellation |
| (3) | Effect of |
| (4) | Limited licence |
| (5) | Failure to meet financial criteria |
| 39 | Suspension elsewhere |
| 40 | Revival of licence |
| 41 | Report of violations |
| SUPPLEMENTARY PROVISIONS RESPECTING CORPORATE GOVERNANCE OF INSURERS INCORPORATED IN MANITOBA | |
| 41.1(1) | Definitions |
| (2) | Affiliated bodies |
| 41.2(1) | Sections 41.1 to 41.25 supplementary to Corporations Act |
| (2) | Precedence over Corporations Act |
| 41.3(1) | Unanimous shareholder agreements not allowed |
| (2) | Shareholders must appoint auditor |
| 41.4(1) | Control of a body corporate or other entity |
| (2) | Deemed control |
| (3) | Deemed control — common ownership of securities |
| 41.5(1) | Significant interest in insurer's shares |
| (2) | Substantial investment in a body corporate |
| (3) | Substantial investment in an unincorporated entity |
| 41.6(1) | Five directors required |
| (2) | Residency |
| (3) | Majority to be residents |
| (4) | Exception |
| 41.7(1) | Duties of directors |
| (2) | Duties re audits and controls |
| (3) | Appointing actuary |
| (4) | Filling vacancy in actuary's position |
| (5) | Superintendent may exempt certain insurers |
| (6) | Statement of actuary |
| (7) | Duty of replacement actuary |
| (8) | Exception |
| (9) | Effect of non-compliance |
| 41.8 | Qualifications of directors |
| 41.9 | Limit on directors who are employees |
| 41.10(1) | Limit on affiliated directors |
| (2) | When a person is an affiliated director |
| (3) | Determination of affiliation |
| 41.11(1) | Determination by superintendent re affiliation |
| (2) | Effective period of determination |
| 41.12(1) | Statement of dissenting director |
| (2) | Resignation of director due to disagreement |
| (3) | Circulating statement |
| (4) | Refraining from sending statement |
| (5) | Immunity |
| 41.13(1) | When composition of board fails |
| (2) | Determining affiliation — vacancy |
| 41.14 | At least four directors' meetings per year |
| 41.15 | Quorum at meeting of directors' committee |
| 41.16(1) | At least one unaffiliated director at meeting |
| (2) | Exception |
| 41.17(1) | Record of attendance at directors' meetings |
| (2) | Statement to shareholders |
| 41.18(1) | Meeting required by superintendent |
| (2) | Superintendent may attend and address meeting |
| 41.19 | Audit committee |
| 41.20(1) | Duties of the audit committee |
| (2) | Report to directors |
| (3) | Audit committee may call a meeting of directors |
| 41.21(1) | Auditor's statement re s. 162(5) of C225 |
| (2) | Circulating statement |
| 41.22 | Application of Division VIII of Part XXIV of C225 |
| 41.23 | Conduct review committee |
| 41.24(1) | Duties of the conduct review committee |
| (2) | Insurer report to superintendent |
| 41.25 | Conduct committee to report to directors |
| 42 | |
| 43 | |
| 44 to 48 | |
| 49 to 50 | |
| 51 | |
| HEAD OFFICE | |
| 52 | Changing head office |
| 53 to 75 | |
| INVESTMENTS | |
| 76(1) | Investment of surplus funds |
| (2) | Deposit in bank, trust company, credit union or caisse populaire |
| BOOKS OF INSURERS | |
| 77(1) | Books to be kept |
| (2) | Amount of accountant's expenses |
| 78 | Inspection of registers |
| RECORDS AND RETURNS | |
| 79(1) | Records to be kept |
| (2) | Audit of |
| (3) | Expense of |
| (4) | Statement of premium income and losses |
| (5) | Penalty |
| 80(1) | Return by insurer of automobiles |
| (2) | Agency to compile |
| (3) | Application of sections |
| 81 | By-laws filed |
| 82 | Balance sheet filed |
| 83 | Report of auditor on books |
| 84(1) | Annual statement |
| (1.1) | Annual statement: reinsurance |
| (1.2) | "Reinsurance" defined |
| (2) | Verification of |
| (3) | Answers to inquires |
| (4) | Contents of statement |
| (5) | Life insurance |
| (6) | Restrictions |
| (7) | Value of securities |
| (8) | Discretion of superintendent |
| 85 | No publication before filing |
| 86 | Misrepresentation as to statement, report, etc. |
| 87 | Misleading statement prohibited |
| LIFE INSURANCE RESERVES | |
| 88(1) | Standard of valuation |
| (2) | Deductions in first year policy |
| (3) | Deductions in subsequent years |
| (4) | Deductions where less than 10 premiums |
| (5) | Contract self-supporting |
| (6) | Accident and sickness benefits |
| (7) | Annuity contracts |
| (8) | Insurer with federal order |
| INSURANCE WITH UNLICENSED INSURERS | |
| 89 | Insurance with unlicensed insurers |
| DEALINGS IN LIFE INSURANCE POLICIES | |
| 90 | Traffic in life insurance policies prohibited |
| 91(1) | Prohibition of certain policies |
| (2) | Unfair forms of policy or application |
| (3) | Insurer guilty of offence |
| (4) | Insurer and agent guilty of offence |
| (5) | Appeal |
| 92 | Effect of violation of law on enforcement of policy |
| 93 | |
| FORFEITURE FOR NON-USER OR DISCONTINUANCE | |
| 94(1) | Non-user forfeits charter |
| (2) | Rights of creditors preserved |
| (3) | Onus |
| APPOINTMENT OF SUPERVISOR | |
| 95(1) | When supervisor may be appointed |
| (2) | Effect of appointment of supervisor |
| (3) | Powers of minister |
| (4) | Removal of supervisor by court |
| LIQUIDATION AND WINDING-UP | |
| 96 | Application of Corporations Act to provincial insurance cos. |
| 97(1) | Winding-up on application of superintendent |
| (2) | Approval of Lieutenant Governor in Council |
| (3) | Application of The Corporations Act to winding-up |
| 98(1) | Appointment of provisional liquidator by minister |
| (2) | Powers of provisional liquidator |
| (3) | Petition by provisional liquidator for winding-up order |
| (4) | Sale of business by liquidator or provisional liquidator |
| 99(1) | Remuneration of provisional liquidator |
| (2) | Payment of cost of provisional liquidator |
| (3) | |
| 100(1) | Notice of ceasing business or meeting to consider winding-up to be given |
| (2) | Notice to superintendent of voluntary winding-up |
| (3) | Publication of notice |
| (4) | Consent to winding-up of fraternals and mutuals |
| 100.1 | Definitions |
| 101(1) | Reinsurance arranged by liquidator or provisional liquidator |
| (2) | Funds available for reinsurance |
| (3) | |
| (4) | Payments to creditors other than preferred |
| (5) | Reinsurance of part of contracts only |
| (6) | Approval of reinsurance by court |
| (7) | Saving |
| 102 | Payment of costs of liquidator or provisional liquidator |
| 103(1) | Termination date fixed where reinsurance not arranged |
| (2) | Termination of Manitoba contracts where termination date fixed in another province |
| (3) | |
| 104 | Publication of notice of termination date |
| 105(1) | Provision for payment of claims for losses and preferred claims |
| (2) | Provision for payment of unearned premiums |
| (3) | Calculation of unearned premium claims |
| (4) | Effect of refund of unearned premium |
| (5) | Saving |
| 106 | Payment of government fees, taxes, etc. |
| 107(1) | Filing with court of quarterly statements by receiver |
| (2) | Production of books, etc., by liquidator |
| (3) | Failing to provide information |
| 108(1) | Endowment and life funds distributed |
| (2) | Procedure |
| (3) | Merger of funds |
| 109 | Extension of licence |
| FEE FOR LATE OR INCOMPLETE REPORTS, RETURNS OR STATEMENTS | |
| 110 | |
| 111(1) | Meaning of "default" re reports and returns |
| (1.1) | Fee for default in filing of returns and reports |
| (2) | Superintendent must give notice of default |
| (3) | When liability to pay the fee arises |
| (4) | Fee is a debt to the government |
| (5) | Fee additional to fine |
| 112 | |
| 113(1) | Definitions |
| (2) | Prohibition |
| (3) | Investigation by superintendent |
| (4) | Order of superintendent |
| (5) | Further contents of order |
| (6) | Hearing |
| (7) | Service and effect of order |
| (8) | Appeal to minister |
| (9) | Appeal to court |
| (10) | |
| (11) | Effect of termination of contract |
| (12) | Restriction on insurer |
| FEES AND REGULATIONS | |
| 114(1) | Fees |
| (2) | Payment of |
| (3) | Regulations |
| (4) | Effect of order |
| PART III | |
| INSURANCE CONTRACTS IN MANITOBA | |
| 115 | Application of Part |
| 116 | Contracts made in the province |
| POLICY OF INSURANCE | |
| 117(1) | Terms invalid unless set out in full |
| (2) | Renewal |
| (3) | Statements must be material |
| (4) | Error in statement must be material to affect contract |
| (5) | Materiality question of fact |
| (6) | Exceptions |
| 118 | Copy of application |
| 119(1) | Contracts generally |
| (2) | Non-compliance not to invalidate |
| 120(1) | Contents of policy |
| (2) | Where section not applicable |
| 121(1) | Application of section |
| (2) | Appraisers |
| (3) | Appraisal |
| (4) | Costs |
| (5) | Appointment by judge |
| 122 | Policy payable in Canadian money |
| 123(1) | Waiver of term or condition |
| (2) | Waiver |
| (3) | Court may proceed where no appraisal made, etc. |
| 124(1) | Red ink |
| (2) | Where section not applicable |
| 125(1) | Effect of delivery of policy |
| (2) | Suit for premium |
| (3) | Termination of contract |
| LOSS UNDER POLICY | |
| 126(1) | Forms of proof |
| (2) | Failure to provide proof of loss forms |
| (3) | Allowance of void policy |
| (4) | Effect of furnishing forms |
| 127(1) | Right of injured third party against insurer |
| (2) | Where subsection (1) not applicable |
| 128(1) | Consolidating actions |
| (2) | Infants' actions |
| (3) | Apportionment of insurance money |
| (4) | Payment to foreigner |
| 129(1) | Insurer paying into court |
| (2) | Indemnity |
| 130 | Relief from forfeiture |
| 131 | Limitation of actions |
| NOTICES | |
| 132(1) | Service of notice |
| (2) | Service by letter |
| INSURANCE AS COLLATERAL SECURITY | |
| 133(1) | Insurance clauses in mortgages, etc. |
| (2) | Mortgagee not to receive commission from insurer |
| (3) | Payment of commission prohibited |
| (4) | Specifying of insurer prohibited |
| (5) | Rights of mortgagee or vendor |
| (6) | Right of mortgagee or vendor to insurer |
| (7) | Duty to give description of property and amount of insurance |
| (8) | Effect of section |
| (9) | Offence |
| 134(1) | Effect of assignment of right to refund |
| (2) | Statement by insurer |
| 135 and 136 | |
| PART IV | |
| FIRE INSURANCE | |
| 137(1) | Application of Part |
| (2) | Exception |
| 138(1) | Perils insured against |
| (2) | Radio-active contamination |
| (3) | Removal to prevent loss |
| (4) | Extended insurance |
| (5) | Livestock |
| 139 | Renewal of contract |
| 140 | Effect of making application |
| 141(1) | Cancellation by insurer |
| (2) | Notice of cancellation |
| 142(1) | Effect of Statutory Conditions |
| (2) | Meaning of "policy" |
| STATUTORY CONDITIONS | |
| 1 | Misrepresentation |
| 2 | Property of others |
| 3 | Change of interest |
| 4 | Material change |
| 5(1) | Termination of contract |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| 6(1) | Requirements after loss |
| (2) | |
| 7 | Fraud |
| 8 | Who may give notice and proof |
| 9(1) | Salvage |
| (2) | |
| 10 | Entry, control abandonment |
| 11 | Appraisal |
| 12 | When loss payable |
| 13(1) | Replacement |
| (2) | |
| 14 | Action |
| 15 | Notice |
| 143 | Limitation clauses |
| 144(1) | Several policies |
| (2) | Policy deemed in force |
| (3) | Division into items |
| (4) | Deductible clauses |
| (5) | Limitation |
| (6) | First loss insurance |
| 145 | Unjust exclusions |
| 146(1) | Subrogation |
| (2) | Loss divided |
| 147(1) | Return of premium paid on insurance in excess of appraised value of property |
| (2) | Where not applicable |
| PART V | |
| LIFE INSURANCE | |
| 148(1) | Definitions |
| (2) | Annuities as insurance for Part V |
| APPLICATION OF PART | |
| 149(1) | Application |
| (2) | Beneficiary for value |
| (3) | Preferred beneficiary |
| 150 | Group insurance |
| ISSUANCE OF POLICY AND CONTENTS THEREOF | |
| 151(1) | Insurer to issue policy |
| (2) | Documents forming contract |
| (3) | Contract of fraternal society |
| (4) | Copy of application |
| 152(1) | Exceptions |
| (2) | Contents of policy |
| 153 | Contents of group policy |
| 154 | Contents of group certificate |
| CONDITIONS GOVERNING FORMATION OF CONTRACT | |
| 155(1) | Insurable interest |
| (2) | Exceptions |
| (3) | Consent in case of minor |
| (4) | Where court may order termination |
| 156 | Insurable interest defined |
| 157(1) | Contract taking effect |
| (2) | Delivery to agent |
| 158(1) | Default in paying premium |
| (2) | Payment by registered letter |
| 159(1) | Who may pay premium |
| (2) | Period of grace |
| (3) | Contract in force during grace period |
| 160(1) | Duty to disclose |
| (2) | Failure to disclose |
| 161(1) | Exceptions |
| (2) | Incontestability |
| (3) | Incontestability in group insurance |
| 162 | Non-disclosure by insurer |
| 163(1) | Exceptions |
| (2) | Misstatement of age |
| (3) | Limitation of insurable age |
| 164 | Misstatement of age in group insurance |
| 165(1) | Effect of suicide |
| (2) | Suicide and reinstatement |
| 166(1) | Exceptions |
| (2) | Reinstatement |
| (3) | Exceptions |
| (4) | Application of other sections |
| DESIGNATION OF BENEFICIARIES | |
| 167(1) | Designation of beneficiary |
| (2) | Change in designation |
| (3) | Meaning of "heirs", etc. |
| 168(1) | Designation of beneficiary irrevocably |
| (2) | Attempted designation |
| 169(1) | Designation in invalid will |
| (2) | Priorities |
| (3) | Revocation |
| (4) | Revocation |
| 170(1) | Trustee for beneficiary |
| (2) | Payment to trustee |
| 171(1) | Beneficiary predeceasing life insured |
| (2) | Several beneficiaries |
| 172 | Right to sue |
| 173(1) | Insurance money free from creditors |
| (2) | Contract exempt from seizure |
| DEALINGS WITH CONTRACT DURING LIFETIME OF INSURED | |
| 174 | Insured dealing with contract |
| 175(1) | Insured entitled to dividends |
| (2) | Insurer may use dividends |
| 176(1) | Transfer of ownership |
| (2) | Successive owners |
| (3) | Saving |
| 177(1) | Interest of assignee |
| (2) | Effect on beneficiary's rights |
| (3) | Assignee deemed to be insured |
| (4) | Prohibition against assignment |
| 178 | Group life insured enforcing rights |
| MINORS | |
| 179 | Capacity of minors |
| PROCEEDINGS UNDER CONTRACT | |
| 180 | Proof of claim |
| 181(1) | Place of payment |
| (2) | Dollars |
| 182(1) | Payment outside province |
| (2) | Exception for group insurance |
| 183 | Action in province |
| 184(1) | Limitation of action |
| (2) | Exception |
| 185(1) | Documents affecting title |
| (2) | Saving |
| 186 | Declaration as to sufficiency of proof |
| 187 | Declaration as to presumption of death |
| 188(1) | Court may make order |
| (2) | Payment under order |
| 189 | Stay of proceedings |
| 190 | Appeal |
| 191 | Power of court |
| 192 | Payment into court |
| 193 | Simultaneous deaths |
| 194(1) | Insurance money payable in instalments |
| (2) | Commutation by beneficiary |
| (3) | Commutation after death of beneficiary |
| (4) | Interpretation |
| 195(1) | Insurer holding insurance money |
| (2) | Exception |
| 196 | Court may order payment |
| 197 | Costs |
| 198 | Where beneficiary a minor |
| 199 | Beneficiary under disability |
| MISCELLANEOUS PROVISIONS | |
| 200 | Presumption against agency |
| 201 | Insurer giving information |
| 202 | Uniform interpretation |
| PART VI | |
| ACCIDENT AND SICKNESS INSURANCE | |
| 203 | Interpretation |
| 204(1) | Application of this Part |
| (2) | Application of sections of prior Act |
| (3) | Exceptions |
| 205 | Group insurance |
| 206 | Issue of policy |
| 207(1) | Exceptions |
| (2) | Contents of policy |
| (3) | Contents of group policy |
| 208(1) | Definitions |
| (2) | Liability of group insurer on termination |
| (3) | Recurrence of disability |
| (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 |