C.C.S.M. c. I40
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| INTRODUCTORY PROVISIONS
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| 1
|
| Definitions
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| 1.1
| (1)
| Definitions re uninsured income-replacement benefits
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|
| (2)
| Disclosure about uninsured income-replacement benefits
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| 1.2
| (1)
| Filing by electronic means
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|
| (2)
| Express consent required
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| PART I
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| SUPERINTENDENT OF INSURANCE
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| 2
| (1)
| Appointment of superintendent and deputy
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|
| (2)
| Functions and duties of the superintendent
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| 3
|
| Duties of deputy
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| 3.1
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| Delegation of powers, duties and functions
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| 4
| (1)
| Agreement with Canada re inspection of insurers
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|
| (2)
| Provision for payment to Canada
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|
| (3)
| Designated official to ascertain inspection expenditure
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|
| (4)
| Assessment
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|
| (5)
| Payment of assessment
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|
| (6)
| Regulations for carrying agreement into effect
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| 5
| (1)
| Agreement with compensation associations
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|
| (2)
| Regulations
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| 6
| (1)
| Taking evidence
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|
| (2)
| Oaths
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| 7
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| Conflict of interest
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| 8
| (1)
| Immunity of superintendent and others
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|
| (2)
| Actions by superintendent
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| BOOKS AND RECORDS
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| 9
| (1)
| Superintendent's records
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|
| (2)
| Public inspection of records
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|
| (3)
| Form of records
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| 10
| (1)
| Notice of licence in Manitoba Gazette
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|
| (2)
| Superintendent's certificate as evidence
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| POWERS AND DUTIES RESPECTING INSURERS AND INSURERS' LICENCES
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| 11
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| Superintendent to determine right to licence
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| 12
| (1)
| Applications under Corporations Act for superintendent's approval
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|
| (2)
| Information to be provided to superintendent
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|
| (3)
| Appeal
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| 13
| (1)
| Decision of superintendent
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|
| (2)
| Certified copy of decision
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|
| (3)
| Recording evidence
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| 14
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| Appeal
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| INSPECTION AND FINANCIAL EXAMINATION OF INSURERS
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| 15
| (1)
| Superintendent may question insurer
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|
| (2)
| Insurer must answer superintendent
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| 16
| (1)
| Access to books and records
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|
| (2)
| Access must be provided
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| 17
| (1)
| Insurer's duty to provide information on request
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|
| (2)
| Information to be provided by other licence holders
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| 18
| (1)
| Inspection and financial examination of insurers
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|
| (2)
| Less frequent inspections and financial examinations
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|
| (3)
| Inspection and financial examination at extra-provincial head office
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|
| (4)
| Duty of directors, officers and agents re inspections
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|
| (5)
| Place of production of books
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|
| (6)
| Expenses of director or officer re inspection
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|
| (7)
| Certain powers of the superintendent re inspection and financial examination
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|
| (8)
| Insurer liable to pay expenses
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|
| (9)
| Expenses of extra-provincial inspection or financial examination
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|
| (10)
| Recovery of expenses
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|
| (11)
| Assistants and their expenses
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|
| (12)
| Expenses that may be certified
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|
| (13)
| Inspection or financial examination adopted
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| SERVICE OF PROCESS
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| 19
| (1)
| Service of process on superintendent
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|
| (2)
| Unlicensed insurer with outstanding contracts
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|
| (3)
| Insurer must notify superintendent about address
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|
| (4)
| Superintendent to forward process
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|
| (5)
| Record of actions and proceedings
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|
| (6)
| Fee to be paid by insurer
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|
| (7)
| No judgment by default unless service is proved
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| ANNUAL REPORT
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| 20
| (1)
| Annual report
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|
| (2)
| Only authorized investments to be recognized
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|
| (3)
| Superintendent's correction of annual statements
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|
| (4)
| Appraisal of insurer's assets and collateral
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|
| (4.1)
| Cooperation with appraisal
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|
| (5) and (6)
| Repealed
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|
| (7)
| Disposal of unauthorized investments
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|
| (7.1)
| Directors' liability for shortfall
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|
| (8)
| Saving
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|
| (9)
| Appeal
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| APPEAL FROM SUPERINTENDENT'S DECISION
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| 21
| (1)
| Appeal
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|
| (2)
| Stay of decision — loss of appeal right
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|
| (3)
| Information to be provided by superintendent
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| PART II
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| GENERAL PROVISIONS APPLICABLE TO INSURERS CARRYING ON BUSINESS IN MANITOBA
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| 22
| (1)
| Undertaking insurance
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|
| (2)
| Carrying on business
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| 23
| (1)
| Definition of "contingency levy"
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|
| (2)
| Certain organizations deemed to be insurers
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| LICENCES
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| 24
| (1)
| Necessity of licence
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|
| (2)
| Prohibition of unlicensed insurance
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|
| (3)
| Prohibition against person acting on behalf of unlicensed insurer
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|
| (4)
| Exceptions
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|
| (5)
| Carrying on business in foreign jurisdiction without authority
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| 25
|
| Reinsurance with unlicensed insurer
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| 26
| (1)
| Types of insurers
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|
| (2)
| Applying for a licence
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|
| (3)
| Issuing a licence
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|
| (4)
| Form of licence
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|
| (5)
| Term and renewal of licences
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|
| (6)
| Effect of licence
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| 27
| (1)
| Classes of insurance
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|
| (2)
| Limited or conditional licence
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|
| (3)
| Changes re licences
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|
| (4)
| Insurer must be given an opportunity to be heard
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|
| (5)
| Determination of contract's class of insurance by superintendent
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|
| (6)
| Conditions of automobile insurance licence
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|
| (7)
| Cancelling licence for contravention of condition
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| 28
| (1)
| Restriction on life insurance licence
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|
| (2)
| Exception
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| 29
| (1)
| Repealed
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|
| (2)
| Property insurance in respect of automobiles
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| 30
| (1)
| Restrictions on granting licence
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|
| (2)
| Repealed
|
|
| (3) and (4)
| Repealed
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|
| (5)
| Proof of compliance with Act and regulations required for licence
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|
| (6)
| Evidence by insurer whose head office outside of province
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|
| (7)
| Certain types of agreements requiring superintendent's approval
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|
| (8)
| Regulations designating members of compensation plan
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|
| (8.1)
| Agreement of compensation plan required for exemption
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|
| (9)
| Obligations of membership
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|
| (10)
| Failure to observe obligations
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|
| (11)
| Repealed
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| 31
|
| Publication of notice of application for licence
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|
| (1) and (2)
| Repealed
|
|
| (3)
| Notification of certain changes
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| 33
| (1)
| Statement of expenses of organization
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|
| (2)
| Payment of expenses before licence is granted
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|
| (3)
| Conditions precedent to issue of licence
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| 33.1
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| Compliance with market conduct laws
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| 34
|
| Repealed
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| 35
|
| Repealed
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| CANCELLATION OF LICENCE
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| 36
| (1)
| Cancelling a licence for non-payment of claims
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|
| (2)
| Revival of licence
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| 37
|
| Repealed
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| 37.1
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| Suspending or cancelling a licence
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| 38
| (1)
| Superintendent must report insufficiency to minister
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|
| (2)
| Suspension or cancellation of licence
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|
| (3)
| Transacting business for insurer after licence cancellation
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|
| (4)
| Limited licence
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|
| (5)
| Failure to meet financial criteria
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| 39
| (1)
| Suspension or cancellation elsewhere
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|
| (2)
| Licence restrictions elsewhere
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| 40
|
| Revival of licence
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| 41
|
| Report of contraventions
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| SUPPLEMENTARY PROVISIONS RESPECTING CORPORATE GOVERNANCE OF INSURERS INCORPORATED IN MANITOBA
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| 41.1
| (1)
| Definitions
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|
| (2)
| Affiliated bodies
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| 41.2
| (1)
| Sections 41.1 to 41.25 supplementary to Corporations Act
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|
| (2)
| Precedence over Corporations Act
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| 41.3
| (1)
| Unanimous shareholder agreements not allowed
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|
| (2)
| Shareholders must appoint auditor
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| 41.4
| (1)
| Control of a body corporate or other entity
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|
| (2)
| Deemed control
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|
| (3)
| Deemed control — common ownership of securities
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| 41.5
| (1)
| Significant interest in insurer's shares
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|
| (2)
| Substantial investment in a body corporate
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|
| (3)
| Substantial investment in an unincorporated entity
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| 41.6
| (1)
| Five directors required
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|
| (2)
| Residency
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|
| (3)
| Majority to be residents
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|
| (4)
| Exception
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| 41.7
| (1)
| Duties of directors
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|
| (2)
| Duties re audits and controls
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|
| (3)
| Appointing actuary
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|
| (4)
| Filling vacancy in actuary's position
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|
| (5)
| Superintendent may exempt certain insurers
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|
| (6)
| Statement of actuary
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|
| (7)
| Duty of replacement actuary
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|
| (8)
| Exception
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|
| (9)
| Effect of non-compliance
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| 41.8
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| Qualifications of directors
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| 41.9
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| Limit on directors who are employees
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| 41.10
| (1)
| Limit on affiliated directors
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| (2)
| When a person is an affiliated director
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|
| (3)
| Determination of affiliation
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| 41.11
| (1)
| Determination by superintendent re affiliation
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|
| (2)
| Effective period of determination
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| 41.12
| (1)
| Statement of dissenting director
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|
| (2)
| Resignation of director due to disagreement
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|
| (3)
| Circulating statement
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|
| (4)
| Refraining from sending statement
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|
| (5)
| Immunity
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| 41.13
| (1)
| When composition of board fails
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|
| (2)
| Determining affiliation — vacancy
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| 41.14
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| At least four directors' meetings per year
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| 41.15
|
| Quorum at meeting of directors' committee
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| 41.16
| (1)
| At least one unaffiliated director at meeting
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|
| (2)
| Exception
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| 41.17
| (1)
| Record of attendance at directors' meetings
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|
| (2)
| Statement to shareholders
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| 41.18
| (1)
| Meeting required by superintendent
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|
| (2)
| Superintendent may attend and address meeting
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| 41.19
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| Audit committee
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| 41.20
| (1)
| Duties of the audit committee
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|
| (2)
| Report to directors
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|
| (3)
| Audit committee may call a meeting of directors
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| 41.21
| (1)
| Auditor's statement re subsection 162(5) of C225
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|
| (2)
| Circulating statement
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| 41.22
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| Application of Division VIII of Part XXIV of C225
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| 41.23
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| Conduct review committee
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| 41.24
| (1)
| Duties of the conduct review committee
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|
| (2)
| Insurer report to superintendent
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| 41.25
|
| Conduct committee to report to directors
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| 42
|
| Repealed
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| 43
|
| Repealed
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| 44 to 48
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| Repealed
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| 49 to 50
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| Repealed
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| 51
|
| Repealed
|
| HEAD OFFICE
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| 52
|
| Changing head office
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| 53 to 75
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| Repealed
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| INVESTMENTS
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| 76
| (1)
| Investment of surplus funds
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|
| (2)
| Deposit in bank, trust company, credit union or caisse populaire
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| BOOKS OF INSURERS
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| 77
| (1)
| Books to be kept
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|
| (2)
| Audit of records
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|
| (3)
| Payment of accountant's expenses
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|
| (4)
| Collection of accountant's expenses from insurer
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| 78
|
| Inspection of registers by superintendent
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| RECORDS AND RETURNS
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| 79 and 80
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| Repealed
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| 81
| (1)
| By-laws and by-law changes to be filed
|
|
| (2)
| Other information — licensed insurers
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| 82
|
| Repealed
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| 83
| (1)
| Report of auditor
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|
| (2)
| Auditor's remarks on certain issues required
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| 84
| (1)
| Meaning of "reinsurance"
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|
| (2)
| Annual statement
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|
| (3)
| Form and verification of statement
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|
| (4)
| Annual statement — reinsurance
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|
| (5)
| Answering superintendent's questions
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|
| (6)
| Valuation of actuarial and other policy liabilities
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|
| (7)
| Report of actuary on reserve
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| 84.1
|
| Standards of financial reporting
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| 84.2
|
| Waiver or variation of reporting requirements
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| 84.3
|
| Non-application of Statutes and Regulations Act
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| 85
|
| Publication of misleading or unauthorized statements
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| 86
|
| Statements of financial standing
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| 87
|
| Misleading statement by insurer prohibited
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| 87.1
| (1)
| Insurance compliance self-evaluative audit
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|
| (2)
| Audit document is privileged
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|
| (3)
| Evidence about audit is not compellable
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|
| (4)
| Privilege not waived by certain disclosures
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|
| (5)
| When privilege may be waived
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|
| (6)
| When privilege does not apply
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| LIFE INSURANCE RESERVES
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| 88
| (1)
| Valuation of life insurance contracts — provincial companies
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|
| (2) to (4)
| Repealed
|
|
| (5)
| Life insurance contract must be self-supporting
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|
| (6)
| Repealed
|
|
| (7)
| Annuity contracts
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|
| (8)
| Insurer with federal order
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| INSURANCE WITH UNLICENSED INSURERS
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| 89
|
| Insurance with unlicensed insurers
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| DEALINGS IN LIFE INSURANCE POLICIES
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| 90
|
| Traffic in life insurance policies prohibited
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| 91
| (1)
| Prohibition of certain policies
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|
| (2)
| Unfair forms of policy or application
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|
| (3)
| Insurer guilty of offence
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|
| (4)
| Insurer and agent guilty of offence
|
|
| (5)
| Appeal
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| 92
| (1)
| Limited meaning of "contract of insurance"
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|
| (2)
| Effect of violation of law on enforcement of policy
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| 93
|
| Repealed
|
| FORFEITURE FOR NON-USER OR DISCONTINUANCE
|
| 94
| (1)
| Non-user forfeits charter
|
|
| (2)
| Rights of creditors preserved
|
|
| (3)
| Onus
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| 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
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| 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
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| 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
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|
| (4)
| Consent to winding-up of fraternals and mutuals
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| 100.1
|
| Definitions
|
| 101
| (1)
| Reinsurance arranged by liquidator or provisional liquidator
|
|
| (2)
| Funds available for reinsurance
|
|
| (3)
| Repealed
|
|
| (4)
| Payments to creditors other than preferred
|
|
| (5)
| Reinsurance of part of contracts only
|
|
| (6)
| Approval of reinsurance by court
|
|
| (7)
| Saving
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| 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
|
| 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)
| Provisions 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)
| Statement about restriction on designating beneficiary
|
| 153
|
| Contents of group policy
|
| 154
| (1)
| Non-application of section
|
|
| (2)
| 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)
| Failure to disclose — additional coverages
|
| 161
| (1)
| Exceptions
|
|
| (2)
| Incontestability
|
|
| (3)
| Incontestability in group insurance and creditor's 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 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
|
|
| (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
|
| 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
| (1)
| Enforcement of rights re creditor's group insurance
|
|
| (2)
| Insurance money payable to creditor
|
|
| (3)
| Payment of excess insurance money to debtor insured
|
| 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 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
|
| 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)
| Provisions forming contract
|
|
| (3)
| Contract of fraternal society
|
|
| (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)
| Statement about restriction on designating beneficiary
|
|
| (4)
| Contents of group policy
|
| 208
| (1)
| When insurer remains liable after termination of group contract
|
|
| (2)
| Exception to subsection (1)
|
|
| (3)
| Time limit on payment benefit for loss of income
|
|
| (4)
| Replacement contract
|
|
| (5)
| Rights of insured under replacing group contract
|
| 209
| (1)
| Non-application of section
|
|
| (2)
| Contents of group certificate
|
| 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
|
| Statutory Conditions
|
| 211
|
| Statutory conditions
|
| 212
| (1)
| Definition
|
|
| (2)
| Omitting or varying conditions
|
|
| (3)
| Statutory conditions 3 and 7
|
|
| (4)
| Statutory condition 4
|
|
| (5)
| Less favourable variation
|
|
| (6)
| No variation
|
|
| (7)
| Time
|
|
| (8)
| Reproduction
|
|
| (9)
| Contract made by a 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 in case of minor
|
| 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)
| Failure to disclose — additional coverages
|
| 220
| (1)
| Incontestability
|
|
| (2)
| Incontestability in group insurance and creditor's group insurance
|
|
| (3)
| Exceptions
|
| 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
| (1)
| Enforcement of rights re creditor's group insurance
|
|
| (2)
| Insurance money payable to creditor
|
|
| (3)
| Payment of excess insurance money to debtor insured
|
| 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)
| Permitted exceptions
|
| 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 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 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
|
