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) | Repealed |
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) | Repealed |
(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 | Repealed |
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 | Repealed |
43 | Repealed |
44 to 48 | Repealed |
49 to 50 | Repealed |
51 | Repealed |
HEAD OFFICE | |
52 | Changing head office |
53 to 75 | Repealed |
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 | Repealed |
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) | Repealed |
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) | Repealed |
(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) | Repealed |
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 | Repealed |
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 | Repealed |
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) | Repealed |
(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 | Repealed |
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 |
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 |