C.C.S.M. c. I40
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326 and 327
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| Repealed
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MUTUAL INSURANCE COMPANIES
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328
| (1)
| Application of Part
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| (2)
| Provisions of this Part to prevail
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329
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| Limitation on mutual insurance company business
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CONTRACTS
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330
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| Duration of policies
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331
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| Commencing business
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332
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| Policies and applications
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RATES OF INSURANCE
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333
| (1)
| Rates and amount
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| (2)
| Rates of hail insurance in special areas
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334
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| Reinsurance
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335
| (1)
| Minimum property insurance premium rates
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| (2)
| Premium rates when reserve is at maximum
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CANCELLATION AND TRANSFER OF CONTRACTS
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336
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| Liability of insured on cancellation
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337
| (1)
| Assignment of policy
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| (2)
| Assignment as collateral security
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PREMIUM NOTES AND ASSESSMENTS
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338
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| Premium rates
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339
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| No lien on land
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340
| (1)
| Premium part cash
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| (2)
| Surplus of assessments
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341
| (1)
| Assessments
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| (2)
| Notice of assessment
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| (3)
| Requirements of notice
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342
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| Assessments in hail companies
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343
| (1)
| Non-payment of assessment voids policy
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| (2)
| Liability continues
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344
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| Assessments to be proportionate
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345
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| Suit for assessment
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346
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| Certificate of insurer evidence
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347
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| Surrender of note
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LOSSES UNDER CONTRACTS
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348
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| Retention of amount of note
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349
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| Execution against insurer
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350
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| Setting off debts against hail losses
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351
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| Deduction
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RESERVE AND GUARANTEE FUND
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352
| (1)
| Creation of reserve fund
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| (2)
| Application against losses
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| (3)
| Property in reserve fund
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353
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| Reserve fund of hail companies
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RECIPROCAL AND INTER-INSURANCE EXCHANGES
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354
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| Definitions
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355
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| Authority for exchange of reciprocal contracts of insurance
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356
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| Subscribers not insurers
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357
| (1)
| Execution of contract
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| (2)
| Who may maintain action
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358
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| Declaration by members of exchange
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359
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| Licence
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360
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| Evidence before issue of licence for
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361
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| Service of process
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362
| (1)
| Maximum single risk per subscriber for property insurance
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| (2)
| Attorney's statement about subscriber risk
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363
| (1)
| Exchange must maintain a reserve fund
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| (2)
| Exchange must maintain a guarantee fund
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| (2.1)
| Funds must have separate assets
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| (3) and (4)
| Repealed
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| (5)
| Deficiency
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| (6)
| Use of funds supplied to make up deficiency
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| (7)
| "Approved securities"
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364
| (1)
| Investment of surplus and reserve
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| (2)
| Proof of investment in case of other companies
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365
| (1)
| Contracts for subscribers only
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| (2)
| Reinsurance
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366
| (1)
| Attorney not to act until licence granted
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| (2)
| Penalty
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367
| (1)
| Suspension or cancellation of licence
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| (2)
| Publication of notice
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368
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| Fire insurance in unlicensed exchange may be effected out of Manitoba
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368.1
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| Regulations
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AGENTS, BROKERS AND ADJUSTERS
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INSURANCE AGENTS
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369
| (1)
| Not to act without licence
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| (2)
| Selling annuity contracts
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370
| (1)
| Application for
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| (2)
| Approved of
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| (2.1)
| Exception re approval
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| (3)
| Who may approve
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| (3.1)
| Duty of care of person or insurer giving approval
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| (4)
| Proof of liability insurance required on application
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371
| (1)
| Issue of licence
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| (1.1)
| Liability insurance required
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| (2)
| Refusal of licence
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| (3)
| Restriction on issue of licences
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| (4)
| Certificate of authority of corporation, etc., and naming of operating agent
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| (5)
| Restriction thereon
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| (6)
| Substitution of "licence" etc., for "certificate of authority"
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| (7) and (8)
| Repealed
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| (9)
| Regulation prescribing functions of agent
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| (10)
| Agent may hold out as broker
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372
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| Classes of licences
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372.1
| (1)
| Failure to have liability insurance
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| (2)
| Notice to superintendent
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373
| (1)
| Expiry and renewal of licence
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| (1.1)
| Proof of liability insurance required on renewal
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| (2)
| Where agency terminated
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| (2.1)
| Approval of reinstatement of licence
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| (3)
| Regulations to alter renewal date
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374
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| Repealed
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375
| (1)
| Investigation by superintendent, etc.
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| (1.1)
| Disciplinary actions by the superintendent
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| (1.2)
| Deadline for payment of a fine or costs
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| (1.3)
| Extension of deadline
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| (1.4)
| Method of giving notice
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| (1.5)
| Payment of fine or costs postponed pending appeal
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| (1.6)
| Failure to pay fine or costs
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| (1.7)
| Interest payable on unpaid fines and costs
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| (1.8)
| Fines and costs receivable by superintendent
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| (1.9)
| Failing to meet deadline to comply with an order of appeal board
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| (1.10)
| Suspension after extension of deadline to comply
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| (2)
| Privileged information
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376
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| No new licence for one year after cancellation
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377
| (1)
| Exemption of holder
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| (2)
| Limitation on effect of subsection (1)
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378
| (1)
| May not offer compensation to prospect
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| (2)
| No commission if not a holder
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| (3)
| Certain agreements respecting premiums prohibited
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| (4)
| Rebates of premiums, etc., prohibited
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| (5)
| Exceptions
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| (6)
| Agents of fraternal societies
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| (7)
| Salaried officials, etc., acting without licence
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| (8)
| Exception
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| (9)
| Exception
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| (10)
| Head office employees
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| (11)
| Payment of commission restricted
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| (12)
| Twisting life insurance policies prohibited
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| (13)
| Offence to solicit cancellation of policy
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379
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| Reciprocal arrangement respecting agents
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380
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| Repealed
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380.1
| (1)
| Meaning of "incidental seller of insurance"
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| (2)
| Issuing restricted insurance agent licences
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| (3)
| Effect of licence
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| (4)
| Application of certain provisions
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| (5)
| Regulations
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SPECIAL INSURANCE BROKER'S LICENCE FOR BUSINESS WITH UNLICENSED INSURERS
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381
| (1)
| Special insurance broker's licence
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| (2)
| Application
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| (3)
| Issue of licence
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| (3.1)
| Term of licence
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| (4)
| Renewal
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| (5)
| Security required
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| (6)
| Suspending or cancelling a licence
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| (7)
| When suspension or cancellation is automatic
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| (8)
| Personal liability of special insurance broker
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382
| (1)
| Arranging insurance with unlicensed insurers
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| (2)
| Statement from insured required
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| (3)
| Repealed
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| (4)
| Records of contracts with unlicensed insurers
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| (5)
| Inspection of records
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| (6)
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|
383
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| Release of security
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384
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| Prohibition accepting contracts from agents
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LICENCES OF INSURANCE ADJUSTERS
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385
| (1)
| Issuing licences
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| (2)
| Restriction on issue of licences
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| (3)
| Application for licence
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| (4)
| Issue of licence
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| (5)
| Requirements for adjuster's licence
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| (5.1)
| Liability insurance required
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| (6)
| Renewal
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| (6.1)
| Proof of liability insurance required on renewal
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| (7)
| Investigation by superintendent, etc.
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| (7.1)
| Application of subsections 375(1.2) to (1.8)
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| (8)
| Offence
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| (8.1)
| Failure to have liability insurance
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| (8.2)
| Notice to superintendent
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| (9)
| Persons to whom this section does not apply
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386
| (1)
| Prohibition against acting as assistant adjuster
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| (2)
| Application
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| (3)
| Issue of licence
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| (4)
| Issue of renewal licence
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| (5)
| Employment of assistant adjuster
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| (6)
| Transfer of services
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| (7)
| Suspension of licence on termination of employment
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| (8)
| Term of licence
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| (9)
| Investigation by superintendent
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| (9.1)
| Application of subsections 375(1.2) to (1.8)
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387
| (1)
| Solicitation for adjustment prohibited
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| (2)
| Exception
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388
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| Disclosure of name of insurer
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LICENSING APPEALS AND THE INSURANCE AGENTS' AND ADJUSTERS' LICENSING APPEAL BOARD
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389
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| Definitions
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389.0.1
| (1)
| Appeal from decision of superintendent
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| (2)
| Notice of appeal form to be given with superintendent's decision
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| (3)
| Contents of notice of appeal
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| (4)
| How appeals are dealt with
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| (5)
| Reinstatement of suspended or cancelled licence
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| (6)
| How reinstatement applications are dealt with
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| (7)
| Forms to be approved by superintendent
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389.0.2
| (1)
| Late filing of notice of appeal
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| (2)
| Extension of time limit by consent
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| (3)
| Extension of time limit when superintendent does not consent
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389.1
| (1)
| Co-ordinator of appeals
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| (1.1)
| Delegation by co-ordinator of appeals
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| (2) and (3)
| Repealed
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| (4)
| Duties of co-ordinator of appeals
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| (4.1)
| Application of subsection (4) — late filings
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| (5)
| Method of notification to appellant
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389.2
| (1)
| Establishment of appeal board
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| (2)
| Membership of the board
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| (3)
| Composition of the board
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| (4)
| Chairperson
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| (5)
| Vice-chairperson
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| (6)
| Hearings by panels of the appeal board
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| (7)
| Constitution of panels
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| (8)
| Substitution of panel members
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| (9)
| Remuneration and expenses
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| (10)
| Oath
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389.3
| (1)
| Rules of procedure
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| (2)
| Quorum
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| (3)
| New hearing
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| (3.1)
| Who is a party to an appeal
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| (4)
| Representation by counsel
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| (5)
| Decision of board
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| (6)
| Repealed
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| (7)
| Majority decision of appeal panel and voting
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| (8)
| Withdrawal of panel member
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| (9)
| Appeal hearing may proceed in absence of appellant
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| (10)
| Adjournment of hearings
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| (11)
| Written notification of decision
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| (12)
| Powers of board
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| (13)
| Withdrawal of appeal
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| (14)
| Expert witnesses
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389.4
| (1)
| Application to extend a deadline
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| (2)
| Expedited applications
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| (3)
| Extension of deadline by consent
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| (4)
| Extension of deadline when superintendent does not consent
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| (5)
| Reinstatement of licence by consent
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| (6)
| Imposing conditions on reinstatement of licence
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| (7)
| Reinstatement of licence when superintendent does not consent
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389.5
| (1)
| Revoking the reinstatement of a licence
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| (2)
| Procedure for revoking reinstatement
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AGENTS, BROKERS AND ADJUSTERS GENERALLY
|
390
|
| Effect of payments to agents
|
391
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| Holding out
|
392
| (1)
| List published
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| (2)
| Personal liability of agent for unlawful contracts
|
393
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| Payments to agents a trust
|
394
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| Return of agents by insurer
|
395
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| Repealed
|
396
| (1)
| Restrictions on licence
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| (2)
| Reprimand
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| (3)
| Reprimand, etc. to form part of records
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| (4)
| Removal of reprimands, suspensions or conditions
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396.1
| (1)
| Definitions
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| (2)
| Regulations establishing insurance councils
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| (3)
| Repealed
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| (4)
| Regulations re membership, powers, functions and duties of councils
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| (5)
| Delegation of powers
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| (6)
| Fees
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| (7)
| Specific powers and functions
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| (8)
| Statutes and Regulations Act does not apply
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| (9)
| Rules require approval
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| (10)
| Appeals from licence refusal
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| (11)
| Review of decisions
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396.2
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| Regulations
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AMALGAMATION, TRANSFER AND REINSURANCE
|
397
|
| "Reinsurance" defined
|
398
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| Saving effect
|
399
| (1)
| Transfer and reinsurance
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| (2)
| Reinsurance
|
400
|
| Agreement for
|
401
| (1)
| Petition for in case of life insurers
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| (2)
| Service of notice of hearing
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| (3)
| Fraternal society
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| (4)
| Inspection
|
402
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| Documents with application
|
403
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| Hearing of application
|
404
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| Recommendation of superintendent
|
405
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| Refusal of recommendation
|
406
|
| Statutory novation on amalgamation, transfer or reinsurance under this Part
|
407
|
| Transfer of contracts where insurer leaves Manitoba
|
408
|
| Repealed
|
409
|
| Repealed
|
OFFENCES AND PENALTIES
|
410
| (1)
| Offences
|
| (2)
| Penalties
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| (3)
| Additional fine
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| (4)
| Continuing offence
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| (5)
| Liability of directors and officers
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| (6)
| Order to comply
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| (7)
| Restitution
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| (8)
| Filing restitution order in Court of Queen's Bench
|
411
|
| Time limit for prosecution
|
412
| (1)
| Application for compliance order
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| (2)
| Compliance order
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| (3)
| Application by an insurance council
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SCHEDULE A
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SUPERINTENDENT OF INSURANCE, MANITOBA RECIPROCAL INSURANCE LICENCE
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SCHEDULE B
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STATUTORY CONDITIONS
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SCHEDULE C
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STATUTORY CONDITIONS
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