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C.C.S.M. c. I40
The Insurance Act
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| 1.1 | (1) | Definitions re uninsured income-replacement benefits |
| (2) | Disclosure about uninsured income-replacement benefits | |
| 1.2 | (1) | Filing by electronic means |
| (2) | Express consent required | |
| PART I | ||
| SUPERINTENDENT OF INSURANCE | ||
| 2 | (1) | Appointment of superintendent and deputy |
| (2) | Functions and duties of the superintendent | |
| 3 | Duties of deputy | |
| 3.1 | Delegation of powers, duties and functions | |
| 4 | (1) | Agreement with Canada re inspection of insurers |
| (2) | Provision for payment to Canada | |
| (3) | Designated official to ascertain inspection expenditure | |
| (4) | Assessment | |
| (5) | Payment of assessment | |
| (6) | Regulations for carrying agreement into effect | |
| 5 | (1) | Agreement with compensation associations |
| (2) | Regulations | |
| 6 | (1) | Taking evidence |
| (2) | Oaths | |
| 7 | Conflict of interest | |
| 8 | (1) | Immunity of superintendent and others |
| (2) | Actions by superintendent | |
| BOOKS AND RECORDS | ||
| 9 | (1) | Superintendent's records |
| (2) | Public inspection of records | |
| (3) | Form of records | |
| 10 | (1) | Notice of licence in Manitoba Gazette |
| (2) | Superintendent's certificate as evidence | |
| POWERS AND DUTIES RESPECTING INSURERS AND INSURERS' LICENCES | ||
| 11 | Superintendent to determine right to licence | |
| 12 | (1) | Applications under Corporations Act for superintendent's approval |
| (2) | Information to be provided to superintendent | |
| (3) | Appeal | |
| 13 | (1) | Decision of superintendent |
| (2) | Certified copy of decision | |
| (3) | Recording evidence | |
| 14 | Appeal | |
| INSPECTION AND FINANCIAL EXAMINATION OF INSURERS | ||
| 15 | (1) | Superintendent may question insurer |
| (2) | Insurer must answer superintendent | |
| 16 | (1) | Access to books and records |
| (2) | Access must be provided | |
| 17 | (1) | Insurer's duty to provide information on request |
| (2) | Information to be provided by other licence holders | |
| 18 | (1) | Inspection and financial examination of insurers |
| (2) | Less frequent inspections and financial examinations | |
| (3) | Inspection and financial examination at extra-provincial head office | |
| (4) | Duty of directors, officers and agents re inspections | |
| (5) | Place of production of books | |
| (6) | Expenses of director or officer re inspection | |
| (7) | Certain powers of the superintendent re inspection and financial examination | |
| (8) | Insurer liable to pay expenses | |
| (9) | Expenses of extra-provincial inspection or financial examination | |
| (10) | Recovery of expenses | |
| (11) | Assistants and their expenses | |
| (12) | Expenses that may be certified | |
| (13) | Inspection or financial examination adopted | |
| SERVICE OF PROCESS | ||
| 19 | (1) | Service of process on superintendent |
| (2) | Unlicensed insurer with outstanding contracts | |
| (3) | Insurer must notify superintendent about address | |
| (4) | Superintendent to forward process | |
| (5) | Record of actions and proceedings | |
| (6) | Fee to be paid by insurer | |
| (7) | No judgment by default unless service is proved | |
| ANNUAL REPORT | ||
| 20 | (1) | Annual report |
| (2) | Only authorized investments to be recognized | |
| (3) | Superintendent's correction of annual statements | |
| (4) | Appraisal of insurer's assets and collateral | |
| (4.1) | Cooperation with appraisal | |
| (5) and (6) | Repealed | |
| (7) | Disposal of unauthorized investments | |
| (7.1) | Directors' liability for shortfall | |
| (8) | Saving | |
| (9) | Appeal | |
| APPEAL FROM SUPERINTENDENT'S DECISION | ||
| 21 | (1) | Appeal |
| (2) | Stay of decision — loss of appeal right | |
| (3) | Information to be provided by superintendent | |
| PART II | ||
| GENERAL PROVISIONS APPLICABLE TO INSURERS CARRYING ON BUSINESS IN MANITOBA | ||
| 22 | (1) | Undertaking insurance |
| (2) | Carrying on business | |
| 23 | (1) | Definition of "contingency levy" |
| (2) | Certain organizations deemed to be insurers | |
| 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 | |
| 25 | Reinsurance with unlicensed insurer | |
| 26 | (1) | Types of insurers |
| (2) | Applying for a licence | |
| (3) | Issuing a licence | |
| (4) | Form of licence | |
| (5) | Term and renewal of licences | |
| (6) | Effect of licence | |
| 27 | (1) | Classes of insurance |
| (2) | Limited or conditional licence | |
| (3) | Changes re licences | |
| (4) | Insurer must be given an opportunity to be heard | |
| (5) | Determination of contract's class of insurance by superintendent | |
| (6) | Conditions of automobile insurance licence | |
| (7) | Cancelling licence for contravention of condition | |
| 28 | (1) | Restriction on life insurance licence |
| (2) | Exception | |
| 29 | (1) | Repealed |
| (2) | Property insurance in respect of automobiles | |
| 30 | (1) | Restrictions on granting licence |
| (2) | Repealed | |
| (3) and (4) | Repealed | |
| (5) | Proof of compliance with Act and regulations required for licence | |
| (6) | Evidence by insurer whose head office outside of province | |
| (7) | Certain types of agreements requiring superintendent's approval | |
| (8) | Regulations designating members of compensation plan | |
| (8.1) | Agreement of compensation plan required for exemption | |
| (9) | Obligations of membership | |
| (10) | Failure to observe obligations | |
| (11) | Repealed | |
| 31 | Publication of notice of application for licence | |
| (1) and (2) | Repealed | |
| (3) | Notification of certain changes | |
| 33 | (1) | Statement of expenses of organization |
| (2) | Payment of expenses before licence is granted | |
| (3) | Conditions precedent to issue of licence | |
| 33.1 | Compliance with market conduct laws | |
| 34 | Repealed | |
| 35 | Repealed | |
| CANCELLATION OF LICENCE | ||
| 36 | (1) | Cancelling a licence for non-payment of claims |
| (2) | Revival of licence | |
| 37 | Repealed | |
| 37.1 | Suspending or cancelling a licence | |
| 38 | (1) | Superintendent must report insufficiency to minister |
| (2) | Suspension or cancellation of licence | |
| (3) | Transacting business for insurer after licence cancellation | |
| (4) | Limited licence | |
| (5) | Failure to meet financial criteria | |
| 39 | (1) | Suspension or cancellation elsewhere |
| (2) | Licence restrictions elsewhere | |
| 40 | Revival of licence | |
| 41 | Report of contraventions | |
| 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 subsection 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) | Audit of records | |
| (3) | Payment of accountant's expenses | |
| (4) | Collection of accountant's expenses from insurer | |
| 78 | Inspection of registers by superintendent | |
| RECORDS AND RETURNS | ||
| 79 and 80 | Repealed | |
| 81 | (1) | By-laws and by-law changes to be filed |
| (2) | Other information — licensed insurers | |
| 82 | Repealed | |
| 83 | (1) | Report of auditor |
| (2) | Auditor's remarks on certain issues required | |
| 84 | (1) | Meaning of "reinsurance" |
| (2) | Annual statement | |
| (3) | Form and verification of statement | |
| (4) | Annual statement — reinsurance | |
| (5) | Answering superintendent's questions | |
| (6) | Valuation of actuarial and other policy liabilities | |
| (7) | Report of actuary on reserve | |
| 84.1 | Standards of financial reporting | |
| 84.2 | Waiver or variation of reporting requirements | |
| 84.3 | Non-application of Statutes and Regulations Act | |
| 85 | Publication of misleading or unauthorized statements | |
| 86 | Statements of financial standing | |
| 87 | Misleading statement by insurer prohibited | |
| 87.1 | (1) | Insurance compliance self-evaluative audit |
| (2) | Audit document is privileged | |
| (3) | Evidence about audit is not compellable | |
| (4) | Privilege not waived by certain disclosures | |
| (5) | When privilege may be waived | |
| (6) | When privilege does not apply | |
| LIFE INSURANCE RESERVES | ||
| 88 | (1) | Valuation of life insurance contracts — provincial companies |
| (2) to (4) | Repealed | |
| (5) | Life insurance contract must be self-supporting | |
| (6) | Repealed | |
| (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 | (1) | Limited meaning of "contract of insurance" |
| (2) | 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 | |
| (2.1) | When fee may be charged in addition to commission | |
| (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 | |
| TERMINATION BY ELECTRONIC MEANS | ||
| 113.1 | (1) | Notice of termination of contract given by electronic means |
| (2) | Application of regulations | |
| FEES AND REGULATIONS | ||
| 114 | (1) | Fees |
| (2) | Payment of | |
| (3) | Regulations | |
| (4) | Effect of order | |
| (5) | Application of regulations | |
| PART III | ||
| INSURANCE CONTRACTS IN MANITOBA | ||
| 115 | Application of Part | |
| 116 | (1) | When a contract is made in Manitoba |
| (2) | Interpretation of contract | |
| (3) | Application despite agreement to the contrary | |
| POLICY OF INSURANCE | ||
| 117 | (1) | Contract terms to be set out in or attached to policy |
| (1.1) | Terms invalid unless set out in full | |
| (1.2) | Non-application to alterations or modifications | |
| (2) | Renewal | |
| (3) | Statements must be material | |
| (3.1) | Insurer has burden of proof | |
| (4) | Error in statement must be material to affect contract | |
| (5) | Materiality question of fact | |
| (5.1) | Precedence of statutory conditions and provisions | |
| (6) | Non-application to automobile insurance | |
| 118 | (1) | Providing copies of application and policy |
| (2) | Cost of copies | |
| 119 | (1) | Contracts generally |
| (2) | Non-compliance not to invalidate | |
| 120 | (1) | Specified content of policy |
| (2) | When subsection (1) does not apply | |
| 120.1 | (1) | Deemed content of contract before policy is issued |
| (2) | Exception | |
| (3) | Non-application to automobile insurance | |
| 121 | (1) | Definition |
| (2) | When section applies | |
| (3) | Non-application to hail insurance | |
| (4) | Insured or insurer may demand dispute resolution | |
| (5) | Appointment of dispute resolution representatives and umpire | |
| (6) | Who may not be a representative or umpire | |
| (7) | How disputes are to be resolved | |
| (8) | Costs | |
| (9) | Appointment by judge | |
| (10) | Costs awarded by court | |
| (11) | Application to superintendent to appoint umpire | |
| (12) | Names and credentials of proposed umpires | |
| (13) | Notice of intention to apply | |
| (14) | Application must include copy of notice | |
| (15) | Umpire nominations by other representative | |
| (16) | Appointment of umpire by superintendent | |
| (17) | Rules of procedural fairness apply to umpire | |
| 122 | Policy payable in Canadian money | |
| 123 | (1) | When insured's compliance with a contract requirement may be waived |
| (2) | When a term or condition is not deemed to have been waived | |
| (3) | Court may proceed in absence of appraisal | |
| 124 | Repealed | |
| 125 | (1) | Effect of delivering policy |
| (2) | Unpaid premiums | |
| (3) | Termination of contract for failing to pay premium | |
| LOSS UNDER POLICY | ||
| 126 | (1) | Forms of proof |
| (1.1) | When proof of loss forms are deemed to be provided | |
| (2) | Failure to provide proof of loss forms | |
| (3) | Payment of void claims | |
| (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 | Repealed | |
| 129.1 | (1) | Payment into court by insurer |
| (2) | Court may order payment in | |
| (3) | Discharge of insurer | |
| (4) | Insurance money to be dealt with as ordered by the court | |
| (5) | Costs of proceedings | |
| 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 | |
| MISCELLANEOUS PROVISIONS | ||
| 136.1 | (1) | Policy in accordance with terms of application |
| (2) | Premium refund for rejected policy | |
| (3) | Adjustment of refund in certain cases | |
| (4) | When policy is deemed to be accepted | |
| 136.2 | (1) | Non-application to automobile and hail insurance |
| (2) | Limitation of actions | |
| 136.3 | (1) | Cancellation by insurer |
| (2) | Notice of cancellation | |
| 136.4 | (1) | Meaning of "policy" |
| (2) | Statutory conditions | |
| (3) | Effect of variations, omissions and additions | |
| (4) | Non-application to certain classes of insurance | |
| (5) | Application of statutory conditions to property insurance | |
| 136.5 | (1) | Recovery by innocent persons |
| (2) | Recovery limited to proportionate interest | |
| (3) | Compliance with regulations by certain persons | |
| 136.6 | (1) | Limitation of liability clause |
| (2) | When limitation clause is not binding | |
| 136.7 | (1) | Coverage under more than one contract |
| (2) | Policy deemed in force | |
| (3) | Division into items | |
| (4) | Deductible clauses | |
| (5) | Limitation | |
| (6) | First loss insurance | |
| 136.8 | (1) | Unjust contract terms |
| (2) | Agreement to make joint estimate of loss | |
| (3) | Prohibited exclusions | |
| (4) | Prohibited exclusions are invalid | |
| (5) | Prohibition applies in all circumstances | |
| 136.9 | (1) | Subrogation |
| (2) | Loss divided | |
| (3) | Effect of insured's interest being limited to deductible | |
| (4) | Application to court to determine certain matters | |
| (5) | Rules applicable to application | |
| (6) | Settlement or release only binding on concurring parties | |
| 136.10 | (1) | Return of premium paid on insurance in excess of appraised value of property |
| (2) | Non-application | |
| 136.11 | Regulations | |
| PART IV | ||
| 137 to 147 | Repealed | |
| PART V | ||
| LIFE INSURANCE | ||
| 148 | (1) | Definitions |
| (2) | Persons insurable | |
| (3) | Annuity deemed to be life insurance | |
| 148.1 | Application of certain provisions of Part III | |
| APPLICATION OF PART | ||
| 149 | (1) | Application |
| (2) | Beneficiary for value | |
| (3) | Preferred beneficiary | |
| 150 | Group insurance | |
| ISSUANCE AND CONTENTS OF POLICY | ||
| 151 | (1) | Insurer to issue policy |
| (2) | Documents forming contract | |
| (3) | Contract of fraternal society | |
| (4) | Copy of contract generally | |
| (5) | Copy of group insurance | |
| (6) | Copy of creditor's group insurance | |
| (7) | Fee for providing copy | |
| (8) | Personal information protected | |
| (9) | Access to information relevant to claims | |
| 152 | (1) | Exceptions |
| (2) | Contents of policy | |
| (3) | ||
| 153 | Contents of group policy | |
| 154 | Contents of group certificate | |
| FORMATION OF CONTRACT | ||
| 155 | (1) | Lack of insurable interest |
| (2) | Exceptions | |
| (3) | Consent in case of minor | |
| (4) | Court may order termination if insurable interest no longer exists | |
| 155.1 | (1) | Termination of contract by court in certain cases |
| (2) | What court orders may be made | |
| (3) | Notice to insured and others | |
| (4) | Court may dispense with notice to certain persons | |
| (5) | Order binds anyone interested in the contract | |
| 155.2 | Capacity of minors aged 16 and older | |
| 156 | Repealed | |
| 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) | Grace period | |
| (3) | Contract in force during grace period | |
| (4) | Deduction of overdue premium | |
| 160 | (1) | Duty to disclose |
| (2) | Failure to disclose — basic policy | |
| (3) | ||
| 161 | (1) | Exceptions |
| (2) | Incontestability | |
| (3) | ||
| 162 | Non-disclosure by insurer | |
| 163 | (1) | Exceptions |
| (2) | Misstatement of age | |
| (3) | Limitation of insurable age | |
| 164 | Misstatement of age in group insurance or creditor's group insurance | |
| 165 | (1) | Effect of suicide |
| (2) | Suicide and reinstatement | |
| 166 | (1) | Exceptions |
| (2) | Grace period after lapse | |
| (3) | Reinstatement | |
| (4) | Exceptions | |
| (5) | Application of other sections | |
| 166.1 | (1) | When insurer remains liable after termination of group contract |
| (2) | Exception to subsection (1) | |
| (3) | Time limit on payment of insurance money or benefit | |
| (4) | Replacement contract | |
| BENEFICIARIES | ||
| 167 | (1) | Designation of beneficiary |
| (2) | Change in designation | |
| (3) | Designation in favour of heirs or estate | |
| (4) | Beneficiary restrictions in contract | |
| (5) | Application of designation to replacement contract | |
| (6) | Insurer's obligations under replacement contract | |
| (7) | Beneficiary's status re settlement | |
| 168 | (1) | Irrevocable designation |
| (2) | Effects of an irrevocable designation | |
| (3) | Attempted designation | |
| 169 | (1) | Designation in invalid will |
| (2) | Priorities | |
| (3) | Designation in will later revoked | |
| (4) | Designating instrument revoked by operation of law | |
| 170 | (1) | Trustee for beneficiary |
| (2) | Payment to trustee | |
| 171 | (1) | Beneficiary dying before life insured |
| (2) | Several beneficiaries | |
| (3) | Disclaimer by beneficiary | |
| (4) | Disclaimer is irrevocable | |
| (5) | Payment of insurance money when beneficiary disclaims or is disentitled | |
| 172 | (1) | Enforcement of payment by beneficiary or trustee |
| (2) | Insurer's defences | |
| 173 | (1) | Insurance money not part of estate |
| (2) | Contract exempt from seizure | |
| DEALINGS WITH CONTRACT | ||
| 174 | (1) | Insured dealing with contract |
| 174 | Insured may exercise rights prescribed by regulation | |
| 174 | Rights of beneficiary preserved | |
| (4) | Application to court re beneficiary who is unable to consent | |
| (5) | Court order | |
| 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) | Assignment revokes certain designations and nominations | |
| (5) | Prohibition against assignment | |
| 178 | Group life insured enforcing rights | |
| 178.1 | ||
| 179 | Repealed | |
| PROCEEDINGS UNDER CONTRACT | ||
| 180 | Proof of claim | |
| 181 | (1) | Place of payment |
| (2) | Payment in Canadian dollars | |
| 182 | (1) | Payment outside Manitoba |
| (2) | Exception for group insurance | |
| (3) | Exception for payment to person who has died | |
| 183 | Action on contract made elsewhere | |
| 183.1 | Meaning of "declaration" in sections 184 to 188 | |
| 184 | (1) | Limitation of action |
| (2) | Exception | |
| 185 | (1) | Persons to whom insurance money payable |
| (2) | No person other than insurer affected by subsection (1) | |
| 186 | Declaration by court as to sufficiency of proof | |
| 187 | (1) | Declaration as to presumption of death |
| (2) | Content of declaration | |
| 188 | (1) | Court order re payment of insurance money |
| (2) | Payment under order | |
| 189 | Order stays pending action | |
| 190 | Appeal | |
| 191 | Order re further evidence | |
| 192 | (1) | Payment into court by insurer |
| (2) | Court may order payment in | |
| (3) | Discharge of insurer | |
| (4) | Insurance money to be dealt with as ordered by the court | |
| (5) | Costs of proceedings | |
| 193 | Simultaneous deaths | |
| 194 | (1) | Definition |
| (2) | Insurance money payable in instalments | |
| (3) | Instalments not subject to legal process | |
| (4) | Commutation by beneficiary | |
| (5) | Commutation after death of beneficiary | |
| 195 | (1) | Insurer holding insurance money |
| (2) | Exception | |
| 196 | (1) | Court may order payment |
| (2) | Discharge of insurer | |
| (3) | Insurance money to be dealt with as ordered by the court | |
| (4) | Costs of proceedings | |
| 197 | Repealed | |
| 198 | (1) | Insurance money payable to minor |
| (2) | Payment discharges insurer | |
| 199 | Payment to representative | |
| MISCELLANEOUS PROVISIONS | ||
| 200 | Presumption against agency | |
| 201 | Insurer giving information | |
| 201.1 | Regulations | |
| 202 | Repealed | |
| PART VI | ||
| ACCIDENT AND SICKNESS INSURANCE | ||
| 203 | (1) | Definitions |
| (2) | Persons insurable | |
| 203.1 | Application of certain provisions of Part III | |
| APPLICATION OF PART | ||
| 204 | (1) | Application of this Part |
| (2) | Application of sections of prior Act | |
| (3) | Exceptions | |
| 205 | Application of Part to group insurance | |
| ISSUANCE AND CONTENTS OF POLICY | ||
| 206 | (1) | Insurer to issue policy |
| (2) and (3) | ||
| (4) | Copy of contract | |
| (5) | Copy of group insurance | |
| (6) | Copy of creditor's group insurance | |
| (7) | Fee for providing copy | |
| (8) | Personal information protected | |
| (9) | Access to information relevant to claims | |
| 207 | (1) | Exceptions |
| (2) | Contents of policy | |
| (3) | Contents of group policy | |
| 208 | (1) | Definitions |
| (2) | Exception to subsection (1) | |
| (3) | Time limit on payment benefit for loss of income | |
| (4) | ||
| (5) | Rights of insured under replacing group contract | |
| 209 | (1) | Contents of group certificate |
| (2) | Exception | |
| 210 | (1) | Exceptions or reductions |
| (2) | Exceptions or reductions affecting single provision | |
| (3) | Reference in endorsements, insertions or riders | |
| (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 and 215 | Repealed | |
| 216 | Repealed | |
| FORMATION OF CONTRACT | ||
| 217 | (1) | Lack of insurable interest |
| (2) | Exceptions | |
| (3) | Consent of minors | |
| 217.1 | Court may order termination if insurable interest no longer exists | |
| 217.2 | (1) | Termination of contract by court in certain cases |
| (2) | What court orders may be made | |
| (3) | Notice to insured and others | |
| (4) | Court may dispense with notice to certain persons | |
| (5) | Order binds anyone interested in the contract | |
| 217.3 | Who may pay premium | |
| 217.4 | (1) | Non-application of certain subsections |
| (2) | Termination for non-payment | |
| (3) | Unpaid premiums | |
| (4) | Grace period | |
| (5) | Contract in force during grace period | |
| (6) | Deduction of overdue premium | |
| (7) | When 15-day period begins | |
| 217.5 | Default in paying premium | |
| 218 | Capacity of minors aged 16 and older | |
| 219 | (1) | Duty to disclose |
| (2) | Failure to disclose — basic policy | |
| (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 or creditor's group insurance | |
| (3) | True age governs | |
| BENEFICIARIES | ||
| 224 | (1) | Designation of beneficiary |
| (2) | Change in designation | |
| (3) | Designation in favour of heirs or estate | |
| (4) | Beneficiary restrictions in contract | |
| (5) | Application of designation to replacement contract | |
| (6) | Insurer's obligations under replacement contract | |
| (7) | Beneficiary's status re settlement | |
| 224.1 | (1) | Irrevocable designation |
| (2) | Effects of an irrevocable designation | |
| (3) | Attempted designation | |
| 224.2 | (1) | Designation in invalid will |
| (2) | Priorities | |
| (3) | Designation in will later revoked | |
| (4) | Designating instrument revoked by operation of law | |
| 225 | (1) | Beneficiary dying before insured person |
| (2) | Several beneficiaries | |
| (3) | Disclaimer by beneficiary | |
| (4) | Disclaimer is irrevocable | |
| (5) | Payment of insurance money when beneficiary disclaims or is disentitled | |
| (6) | Enforcement of payment by beneficiary or trustee | |
| (7) | Insurer's defences | |
| (8) | Payment discharges insurer | |
| 226 | Trustee for beneficiary | |
| 227 | (1) | Persons to whom insurance money payable |
| (2) | No person other than insurer affected by subsection (1) | |
| (3) | Interest of assignee | |
| (4) | Effect on beneficiary's rights | |
| (5) | Assignee deemed to be insured | |
| (6) | Assignment revokes certain designations and nominations | |
| (7) | Prohibition against assignment | |
| 228 | (1) | Insurance money not part of estate |
| (2) | Contract exempt from seizure | |
| DEALINGS WITH CONTRACT | ||
| 228.1 | (1) | Insured dealing with contract |
| (2) | Insured may exercise rights prescribed by regulation | |
| (3) | Rights of beneficiary preserved | |
| (4) | Application to court re beneficiary who is unable to consent | |
| (5) | Court order | |
| 228.2 | (1) | Insured entitled to dividends |
| (2) | Insurer may use dividends | |
| 228.3 | (1) | Transfer of ownership |
| (2) | Successive owners | |
| (3) | Saving | |
| 229 | (1) | Group person insured enforcing rights |
| (2) | Simultaneous deaths | |
| 229.1 | ||
| PROCEEDINGS UNDER CONTRACT | ||
| 230 | (1) | Place of payment |
| (2) | Payment in Canadian dollars | |
| (3) | Payment outside Manitoba | |
| (4) | Exception for group insurance | |
| (5) | Exception for payment to person who has died | |
| 230.1 | Action on contract made elsewhere | |
| 230.2 | Meaning of "declaration" in sections 230.3 to 230.6 | |
| 230.3 | (1) | Limitation of actions — insurance money payable on death |
| (2) | Exception when a declaration has been made | |
| (3) | Limitation of other actions | |
| (4) | Limitation period re continuing losses | |
| (5) | Limitation period re period payments | |
| 230.4 | (1) | Application of section |
| (2) | Declaration by court as to sufficiency of proof | |
| 230.5 | (1) | Declaration as to presumption of death |
| (2) | Content of declaration | |
| 230.6 | (1) | Court order re payment of insurance money |
| (2) | Payment under order | |
| 230.7 | Order stays pending action | |
| 230.8 | Appeal | |
| 230.9 | Order re further evidence | |
| 230.10 | (1) | Payment into court by insurer |
| (2) | Court may order payment in | |
| (3) | Discharge of insurer | |
| (4) | Insurance money to be dealt with as ordered by the court | |
| (5) | Costs of proceedings | |
| 230.11 | (1) | Insurance money payable to minor |
| (2) | Payment discharges insurer | |
| (3) | Payment to representative | |
| (4) | Payments not exceeding $10,000 | |
| MISCELLANEOUS PROVISIONS | ||
| 230.12 | Insurer giving information | |
| 230.13 | Undue prominence | |
| 230.14 | Relief from forfeiture | |
| 230.15 | (1) | Confinement condition |
| (2) | ||
| 230.16 | Presumption against agency | |
| 230.17 | Regulations | |
| 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 sections 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 coverage |
| (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 by insurer |
| (2) | Court may order payment in | |
| (3) | Discharge of insurer | |
| (4) | Insurance money to be dealt with as ordered by the court | |
| (5) | Costs of proceedings | |
| 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 | ||
| 274 to 277 | Repealed | |
| PART IX | ||
| 278 to 282 | Repealed | |
| 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 and 295 | Repealed | |
| 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 | Definition | |
| 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 | |