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The Insurance Act

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