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The Insurance Act

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