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C.C.S.M. c. I40
The Insurance Act
| PART XII | |
| 326 and 327 | Repealed |
| 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| (3) and (4) | Repealed |
| (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) | Repealed |
| (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 | Repealed |
| 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) | Repealed |
| (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 | Repealed |
| 409 | Repealed |
| 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 |