C.C.S.M. c. I40
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|
1
| Definitions
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| PART I
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| SUPERINTENDENT AND HIS DUTIES
|
2(1)
| Appointment of superintendent, deputy, and staff
|
(2)
| Duties of
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(3)
| Applications under section 280 of The Corporations Act
|
3
| Duties of deputy
|
4(1)
| Agreement with Canada for inspection of insurers
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(2)
| Provision for payment to Canada
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(3)
| Regulations for carrying agreement into effect
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(4)
| Superintendent to ascertain inspection expenditure during last preceding year
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(5)
| Assessment
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(6)
| Payment of assessment
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5(1)
| Agreement for guarantee of insurers
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(2)
| Regulations
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6(1)
| Taking evidence
|
(2)
| Oaths
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7
| Superintendent not to be shareholder
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8(1)
| Immunity of superintendent and insurance council
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(2)
| Actions by superintendent
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(3)
| Leave
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| BOOKS AND RECORDS
|
9(1)
| Records of superintendent
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(2)
| Inspection
|
10(1)
| Notice of licence in Manitoba Gazette
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(2)
| Annual publication in Manitoba Gazette
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(3)
| Certificate of filing evidence
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| DUTIES RESPECTING LICENCES
|
11
| Superintendent to determine right to licence
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12(1)
| Applications for approval by superintendent
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(2)
| Appeal
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13(1)
| Decision of superintendent
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(2)
| Certified copy of
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(3)
| Stenographic report of evidence
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14
| Appeal
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| INVESTIGATION OF INSURERS
|
15
| Consequences of failure to answer inquiries
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16
| Access to books
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17
| Duty to furnish information on request
|
18(1)
| Annual inspection of insurers
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(2)
| Examination of affairs of insurer
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(3)
| Duty of officers and agents to facilitate examination
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(4)
| Production of books at head office
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(5)
| Examination of affairs of an insurer
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(6)
| Expenses of examination
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(7)
| Recovery of expenses
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(8)
| Assistants and their remuneration
|
(9)
| Disposal of moneys paid for expenses
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(10)
| Inspection adopted
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| SERVICE OF PROCESS
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19(1)
| Service of process on superintendent
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(2)
| Contracts on cessation of licence
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(3)
| Insurer to file address
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(4)
| Superintendent to forward process
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(5)
| Record and remuneration
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(6)
| No judgment by default unless service is proved
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| ANNUAL REPORT
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20(1)
| Annual report
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(2)
| Permissible investments
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(3)
| Superintendent's correction of annual statements
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(4)
| Appraisement of real estate of insurer
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(5)
| Appraisement of security
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(6)
| Appraisement of other investments
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(7)
| What investments allowed
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(8)
| Saving
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(9)
| Appeal
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| APPEAL FROM SUPERINTENDENT'S DECISION
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21(1)
| Appeal
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(2)
| Certificate
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| PART II
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| GENERAL PROVISIONS APPLICABLE TO INSURERS IN MANITOBA CARRYING ON BUSINESS
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22(1)
| Undertaking insurance
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(2)
| Carrying on business
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23(1)
| Certain organizations deemed insurers
|
(2)
| Definition of "contingency levy"
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| LICENCES
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24(1)
| Necessity of licence
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(2)
| Prohibition of unlicensed insurance
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(3)
| Prohibition against person acting on behalf of unlicensed insurer
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(4)
| Exceptions
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(5)
| Carrying on business in foreign jurisdiction without authority
|
(6)
| Repealed
|
25
| Reinsurance with unlicensed insurer
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26(1)
| What insurers may be licensed
|
(2)
| Effect of licence
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27(1)
| Classes of insurance
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(2)
| Limited or conditional licence
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(3)
| Variation of conditions, etc.
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(4)
| Determination of classes of insurance by superintendent
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(5)
| Conditions of automobile insurance licence
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(6)
| Penalty for breach
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28
| Scope of life insurance
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29(1)
| Scope of fire insurance licence
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(2)
| Insurance of automobiles against fire
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30(1)
| Restrictions on granting licence
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(2)
| Repealed
|
(3)
| Further restrictions on granting licences
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(4)
| Mutual insurance company
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(5)
| Application of other Part
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(6)
| Evidence by insurer whose head office outside of province
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(7)
| Certain types of agreements requiring superintendent's approval
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(8)
| Regulations designating members of guarantee plan
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(9)
| Obligations of membership
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(10)
| Failure to observe obligations
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(11)
| Exemptions from membership
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31
| Information preliminary to licence
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32(1)
| Documents to be filed by applicants for licence
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(2)
| Exemption from certain filings
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(3)
| Changes
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33(1)
| Statement of expenses of organization
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(2)
| To what limited
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(3)
| Conditions precedent to issue of licence
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34
| Form of licence
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35
| Issue of licence
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| 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
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(2)
| Suspension or cancellation
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(3)
| Effect of
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(4)
| Limited licence
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(5)
| Failure to meet financial criteria
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39
| Suspension elsewhere
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40
| Revival of licence
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41
| Report of violations
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| SUPPLEMENTARY PROVISIONS RESPECTING CORPORATE GOVERNANCE OF INSURERS INCORPORATED IN MANITOBA
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41.1(1)
| Definitions
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(2)
| Affiliated bodies
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41.2(1)
| Sections 41.1 to 41.25 supplementary to Corporations Act
|
(2)
| Precedence over Corporations Act
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41.3(1)
| Unanimous shareholder agreements not allowed
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(2)
| Shareholders must appoint auditor
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41.4(1)
| Control of a body corporate or other entity
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(2)
| Deemed control
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(3)
| Deemed control — common ownership of securities
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41.5(1)
| Significant interest in insurer's shares
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(2)
| Substantial investment in a body corporate
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(3)
| Substantial investment in an unincorporated entity
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41.6(1)
| Five directors required
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(2)
| Residency
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(3)
| Majority to be residents
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(4)
| Exception
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41.7(1)
| Duties of directors
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(2)
| Duties re audits and controls
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(3)
| Appointing actuary
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(4)
| Filling vacancy in actuary's position
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(5)
| Superintendent may exempt certain insurers
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(6)
| Statement of actuary
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(7)
| Duty of replacement actuary
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(8)
| Exception
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(9)
| Effect of non-compliance
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41.8
| Qualifications of directors
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41.9
| Limit on directors who are employees
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41.10(1)
| Limit on affiliated directors
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(2)
| When a person is an affiliated director
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(3)
| Determination of affiliation
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41.11(1)
| Determination by superintendent re affiliation
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(2)
| Effective period of determination
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41.12(1)
| Statement of dissenting director
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(2)
| Resignation of director due to disagreement
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(3)
| Circulating statement
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(4)
| Refraining from sending statement
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(5)
| Immunity
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41.13(1)
| When composition of board fails
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(2)
| Determining affiliation — vacancy
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41.14
| At least four directors' meetings per year
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41.15
| Quorum at meeting of directors' committee
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41.16(1)
| At least one unaffiliated director at meeting
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(2)
| Exception
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41.17(1)
| Record of attendance at directors' meetings
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(2)
| Statement to shareholders
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41.18(1)
| Meeting required by superintendent
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(2)
| Superintendent may attend and address meeting
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41.19
| Audit committee
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41.20(1)
| Duties of the audit committee
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(2)
| Report to directors
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(3)
| Audit committee may call a meeting of directors
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41.21(1)
| Auditor's statement re s. 162(5) of C225
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(2)
| Circulating statement
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41.22
| Application of Division VIII of Part XXIV of C225
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41.23
| Conduct review committee
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41.24(1)
| Duties of the conduct review committee
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(2)
| Insurer report to superintendent
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41.25
| Conduct committee to report to directors
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42
| Repealed
|
43
| Repealed
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44 to 48
| Repealed
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49 to 50
| Repealed
|
51
| Repealed
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| HEAD OFFICE
|
52
| Changing head office
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53 to 75
| Repealed
|
| INVESTMENTS
|
76(1)
| Investment of surplus funds
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(2)
| Deposit in bank, trust company, credit union or caisse populaire
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| BOOKS OF INSURERS
|
77(1)
| Books to be kept
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(2)
| Amount of accountant's expenses
|
78
| Inspection of registers
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| RECORDS AND RETURNS
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79(1)
| Records to be kept
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(2)
| Audit of
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(3)
| Expense of
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(4)
| Statement of premium income and losses
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(5)
| Penalty
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80(1)
| Return by insurer of automobiles
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(2)
| Agency to compile
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(3)
| Application of sections
|
81
| By-laws filed
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82
| Balance sheet filed
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83
| Report of auditor on books
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84(1)
| Annual statement
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(1.1)
| Annual statement: reinsurance
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(1.2)
| "Reinsurance" defined
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(2)
| Verification of
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(3)
| Answers to inquires
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(4)
| Contents of statement
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(5)
| Life insurance
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(6)
| Restrictions
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(7)
| Value of securities
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(8)
| Discretion of superintendent
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85
| No publication before filing
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86
| Misrepresentation as to statement, report, etc.
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87
| Misleading statement prohibited
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| LIFE INSURANCE RESERVES
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88(1)
| Standard of valuation
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(2)
| Deductions in first year policy
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(3)
| Deductions in subsequent years
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(4)
| Deductions where less than 10 premiums
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(5)
| Contract self-supporting
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(6)
| Accident and sickness benefits
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(7)
| Annuity contracts
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(8)
| Insurer with federal order
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| INSURANCE WITH UNLICENSED INSURERS
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89
| Insurance with unlicensed insurers
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| DEALINGS IN LIFE INSURANCE POLICIES
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90
| Traffic in life insurance policies prohibited
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91(1)
| Prohibition of certain policies
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(2)
| Unfair forms of policy or application
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(3)
| Insurer guilty of offence
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(4)
| Insurer and agent guilty of offence
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(5)
| Appeal
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92
| Effect of violation of law on enforcement of policy
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93
| Repealed
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| FORFEITURE FOR NON-USER OR DISCONTINUANCE
|
94(1)
| Non-user forfeits charter
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(2)
| Rights of creditors preserved
|
(3)
| Onus
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| APPOINTMENT OF SUPERVISOR
|
95(1)
| When supervisor may be appointed
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(2)
| Effect of appointment of supervisor
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(3)
| Powers of minister
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(4)
| Removal of supervisor by court
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| LIQUIDATION AND WINDING-UP
|
96
| Application of Corporations Act to provincial insurance cos.
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97(1)
| Winding-up on application of superintendent
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(2)
| Approval of Lieutenant Governor in Council
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(3)
| Application of The Corporations Act to winding-up
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98(1)
| Appointment of provisional liquidator by minister
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(2)
| Powers of provisional liquidator
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(3)
| Petition by provisional liquidator for winding-up order
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(4)
| Sale of business by liquidator or provisional liquidator
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99(1)
| Remuneration of provisional liquidator
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(2)
| Payment of cost of provisional liquidator
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(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
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(3)
| Publication of notice
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(4)
| Consent to winding-up of fraternals and mutuals
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100.1
| Definitions
|
101(1)
| Reinsurance arranged by liquidator or provisional liquidator
|
(2)
| Funds available for reinsurance
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(3)
| Repealed
|
(4)
| Payments to creditors other than preferred
|
(5)
| Reinsurance of part of contracts only
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(6)
| Approval of reinsurance by court
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(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
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(3)
| Calculation of unearned premium claims
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(4)
| Effect of refund of unearned premium
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(5)
| Saving
|
106
| Payment of government fees, taxes, etc.
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107(1)
| Filing with court of quarterly statements by receiver
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(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
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| INSURANCE CONTRACTS IN MANITOBA
|
115
| Application of Part
|
116
| Contracts made in the province
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| 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
|