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 | Minister may suspend or cancel 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) | 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) | Documents affecting payment of claim |
(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 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 |