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C.C.S.M. c. I40
The Insurance Act
Table of Contents
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| 1.1 | Definitions re uninsured income-replacement benefits | |
| (2) | Disclosure about uninsured income-replacement benefits | |
| 1.2 | Filing by electronic means | |
| (2) | Express consent required | |
| PART I | ||
| SUPERINTENDENT OF INSURANCE | ||
| 2 | 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 | 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 | Agreement with compensation associations | |
| (2) | Regulations | |
| 6 | Taking evidence | |
| (2) | Oaths | |
| 7 | Conflict of interest | |
| 8 | Immunity of superintendent and others | |
| (2) | Actions by superintendent | |
| BOOKS AND RECORDS | ||
| 9 | Superintendent's records | |
| (2) | Public inspection of records | |
| (3) | Form of records | |
| 10 | 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 | Applications under Corporations Act for superintendent's approval | |
| (2) | Information to be provided to superintendent | |
| (3) | Appeal | |
| 13 | Decision of superintendent | |
| (2) | Certified copy of decision | |
| (3) | Recording evidence | |
| 14 | Appeal | |
| INSPECTION AND FINANCIAL EXAMINATION OF INSURERS |
||
| 15 | Superintendent may question insurer | |
| (2) | Insurer must answer superintendent | |
| 16 | Access to books and records | |
| (2) | Access must be provided | |
| 17 | Insurer's duty to provide information on request | |
| (2) | Information to be provided by other licence holders | |
| 18 | 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 | 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 | 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 | 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 | Undertaking insurance | |
| (2) | Carrying on business | |
| 23 | Definition of "contingency levy" | |
| (2) | Certain organizations deemed to be insurers | |
| LICENCES | ||
| 24 | 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 | 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 | 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 | Restriction on life insurance licence | |
| (2) | Exception | |
| 29 | (1) | [Repealed] |
| (2) | Property insurance in respect of automobiles | |
| 30 | 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 | 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 | Cancelling a licence for non-payment of claims | |
| (2) | Revival of licence | |
| 37 | [Repealed] | |
| 37.1 | Minister may suspend or cancel licence | |
| 38 | 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 | Suspension or cancellation elsewhere | |
| (2) | Licence restrictions elsewhere | |
| 40 | Revival of licence | |
| 41 | Report of contraventions | |
| SUPPLEMENTARY PROVISIONS | ||
| 41.1 | Definitions | |
| (2) | Affiliated bodies | |
| 41.2 | Sections 41.1 to 41.25 supplementary to Corporations Act | |
| (2) | Precedence over Corporations Act | |
| 41.3 | Unanimous shareholder agreements not allowed | |
| (2) | Shareholders must appoint auditor | |
| 41.4 | Control of a body corporate or other entity | |
| (2) | Deemed control | |
| (3) | Deemed control — common ownership of securities | |
| 41.5 | Significant interest in insurer's shares | |
| (2) | Substantial investment in a body corporate | |
| (3) | Substantial investment in an unincorporated entity | |
| 41.6 | Five directors required | |
| (2) | Residency | |
| (3) | Majority to be residents | |
| (4) | Exception | |
| 41.7 | 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 | Limit on affiliated directors | |
| (2) | When a person is an affiliated director | |
| (3) | Determination of affiliation | |
| 41.11 | Determination by superintendent re affiliation | |
| (2) | Effective period of determination | |
| 41.12 | Statement of dissenting director | |
| (2) | Resignation of director due to disagreement | |
| (3) | Circulating statement | |
| (4) | Refraining from sending statement | |
| (5) | Immunity | |
| 41.13 | 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 | At least one unaffiliated director at meeting | |
| (2) | Exception | |
| 41.17 | Record of attendance at directors' meetings | |
| (2) | Statement to shareholders | |
| 41.18 | Meeting required by superintendent | |
| (2) | Superintendent may attend and address meeting | |
| 41.19 | Audit committee | |
| 41.20 | Duties of the audit committee | |
| (2) | Report to directors | |
| (3) | Audit committee may call a meeting of directors | |
| 41.21 | 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 | 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 | Investment of surplus funds | |
| (2) | Deposit in bank, trust company, credit union or caisse populaire | |
| BOOKS OF INSURERS | ||
| 77 | 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 | By-laws and by-law changes to be filed | |
| (2) | Other information — licensed insurers | |
| 82 | [Repealed] | |
| 83 | Report of auditor | |
| (2) | Auditor's remarks on certain issues required | |
| 84 | 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 | 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 | 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 | 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 | Limited meaning of "contract of insurance" | |
| (2) | Effect of violation of law on enforcement of policy | |
| 93 | [Repealed] | |
| FORFEITURE FOR NON-USER OR DISCONTINUANCE |
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| 94 | Non-user forfeits charter | |
| (2) | Rights of creditors preserved | |
| (3) | Onus | |
| APPOINTMENT OF SUPERVISOR | ||
| 95 | 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 | Winding-up on application of superintendent | |
| (2) | Approval of Lieutenant Governor in Council | |
| 98 | 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 | Remuneration of provisional liquidator | |
| (2) | Payment of cost of provisional liquidator | |
| (3) | [Repealed] | |
| 100 | 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 | 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 | 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 | 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 | Filing with court of quarterly statements by receiver | |
| (2) | Production of books, etc., by liquidator | |
| (3) | Failing to provide information | |
| 108 | Endowment and life funds distributed | |
| (2) | Procedure | |
| (3) | Merger of funds | |
| 109 | Extension of licence | |
| FEE FOR LATE OR INCOMPLETE REPORTS, RETURNS OR STATEMENTS |
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| 110 | [Repealed] | |
| 111 | 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 | 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 | Notice of termination of contract given by electronic means | |
| (2) | Application of regulations | |
| FEES AND REGULATIONS | ||
| 114 | 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 | When a contract is made in Manitoba | |
| (2) | Interpretation of contract | |
| (3) | Application despite agreement to the contrary | |
| POLICY OF INSURANCE | ||
| 117 | 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 | Providing copies of application and policy | |
| (2) | Cost of copies | |
| 119 | Contracts generally | |
| (2) | Non-compliance not to invalidate | |
| 120 | Specified content of policy | |
| (2) | When subsection (1) does not apply | |
| 120.1 | Deemed content of contract before policy is issued | |
| (2) | Exception | |
| (3) | Non-application to automobile insurance | |
| 121 | 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 | 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 | Effect of delivering policy | |
| (2) | Unpaid premiums | |
| (3) | Termination of contract for failing to pay premium | |
| LOSS UNDER POLICY | ||
| 126 | 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 | Right of injured third party against insurer | |
| (2) | Where subsection (1) not applicable | |
| 128 | Consolidating actions | |
| (2) | Infants' actions | |
| (3) | Apportionment of insurance money | |
| (4) | Payment to foreigner | |
| 129 | [Repealed] | |
| 129.1 | 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 | Service of notice | |
| (2) | Service by letter | |
| INSURANCE AS COLLATERAL SECURITY | ||
| 133 | 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 | Effect of assignment of right to refund | |
| (2) | Statement by insurer | |
| 135 and 136 | [Repealed] | |
| MISCELLANEOUS PROVISIONS | ||
| 136.1 | 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 | Non-application to automobile and hail insurance | |
| (2) | Limitation of actions | |
| 136.3 | Cancellation by insurer | |
| (2) | Notice of cancellation | |
| 136.4 | 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 | Recovery by innocent persons | |
| (2) | Recovery limited to proportionate interest | |
| (3) | Compliance with regulations by certain persons | |
| 136.6 | Limitation of liability clause | |
| (2) | When limitation clause is not binding | |
| 136.7 | 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 | 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 | 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 | 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 | Definitions | |
| (2) | Persons insurable | |
| (3) | Annuity deemed to be life insurance | |
| 148.1 | Application of certain provisions of Part III | |
| APPLICATION OF PART | ||
| 149 | Application | |
| (2) | Beneficiary for value | |
| (3) | Preferred beneficiary | |
| 150 | Group insurance | |
| ISSUANCE AND CONTENTS OF POLICY |
||
| 151 | 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 | Exceptions | |
| (2) | Contents of policy | |
| (3) | Statement about restriction on designating beneficiary | |
| 153 | Contents of group policy | |
| 154 | Non-application of section | |
| (2) | Contents of group certificate | |
| FORMATION OF CONTRACT | ||
| 155 | 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 | 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 | Contract taking effect | |
| (2) | Delivery to agent | |
| 158 | Default in paying premium | |
| (2) | Payment by registered letter | |
| 159 | Who may pay premium | |
| (2) | Grace period | |
| (3) | Contract in force during grace period | |
| (4) | Deduction of overdue premium | |
| 160 | Duty to disclose | |
| (2) | Failure to disclose — basic policy | |
| (3) | Failure to disclose — additional coverages | |
| 161 | Exceptions | |
| (2) | Incontestability | |
| (3) | Incontestability in group insurance and creditor's group insurance | |
| 162 | Non-disclosure by insurer | |
| 163 | Exceptions | |
| (2) | Misstatement of age | |
| (3) | Limitation of insurable age | |
| 164 | Misstatement of age in group insurance or creditor's group insurance | |
| 165 | Effect of suicide | |
| (2) | Suicide and reinstatement | |
| 166 | Exceptions | |
| (2) | Grace period after lapse | |
| (3) | Reinstatement | |
| (4) | Exceptions | |
| (5) | Application of other sections | |
| 166.1 | 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 | 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 | Irrevocable designation | |
| (2) | Effects of an irrevocable designation | |
| (3) | Attempted designation | |
| 169 | Designation in invalid will | |
| (2) | Priorities | |
| (3) | Designation in will later revoked | |
| (4) | Designating instrument revoked by operation of law | |
| 170 | Trustee for beneficiary | |
| (2) | Payment to trustee | |
| 171 | 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 | Enforcement of payment by beneficiary or trustee | |
| (2) | Insurer's defences | |
| 173 | Insurance money not part of estate | |
| (2) | Contract exempt from seizure | |
| DEALINGS WITH CONTRACT | ||
| 174 | 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 | Insured entitled to dividends | |
| (2) | Insurer may use dividends | |
| 176 | Transfer of ownership | |
| (2) | Successive owners | |
| (3) | Saving | |
| 177 | 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 | 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 | Place of payment | |
| (2) | Payment in Canadian dollars | |
| 182 | Payment outside Manitoba | |
| (2) | Exception for group insurance | |
| (3) | Exception for payment to person who has died | |
| 183.1 | [Repealed] | |
| 184 | Limitation of actions — insurance money payable on death | |
| (2) | Exception when presumption of death | |
| (3) | Limitation of other actions | |
| (4) | Limitation period re continuing losses | |
| (5) | Limitation period re period payments | |
| 185 | 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 | [Repealed] | |
| 188 | Court order re payment of insurance money | |
| (2) | Payment under order | |
| 189 | Order stays pending action | |
| 190 | Appeal | |
| 191 | Order re further evidence | |
| 192 | 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 | 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 | Insurer holding insurance money | |
| (2) | Exception | |
| 196 | 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 | Insurance money payable to minor | |
| (2) | Payment discharges insurer | |
| 199 | Payment to representative | |
| MISCELLANEOUS PROVISIONS | ||
| 201 | Insurer giving information | |
| 201.1 | Regulations | |
| 202 | [Repealed] | |
| PART VI | ||
| ACCIDENT AND SICKNESS INSURANCE |
||
| 203 | Definitions | |
| (2) | Persons insurable | |
| 203.1 | Application of certain provisions of Part III | |
| APPLICATION OF PART | ||
| 204 | 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 | 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 | Exceptions | |
| (2) | Contents of policy | |
| (3) | Statement about restriction on designating beneficiary | |
| (4) | Contents of group policy | |
| 208 | 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 | Non-application of section | |
| (2) | Contents of group certificate | |
| 210 | Exceptions or reductions | |
| (2) | Exceptions or reductions affecting single provision | |
| (3) | Reference in endorsements, insertions or riders | |
| (4) | Saving | |
| (5) | Application of section | |
| 211 | Statutory conditions | |
| 212 | 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 | 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 | 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 | 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 | Duty to disclose | |
| (2) | Failure to disclose — basic policy | |
| (3) | Failure to disclose — additional coverages | |
| 220 | Incontestability | |
| (2) | Incontestability in group insurance and creditor's group insurance | |
| (3) | Exceptions | |
| 221 | Application of incontestability to reinstatement | |
| 222 | Pre-existing conditions | |
| 223 | Misstatement of age | |
| (2) | Misstatement of age in group insurance or creditor's group insurance | |
| (3) | True age governs | |
| BENEFICIARIES | ||
| 224 | 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 | Irrevocable designation | |
| (2) | Effects of an irrevocable designation | |
| (3) | Attempted designation | |
| 224.2 | Designation in invalid will | |
| (2) | Priorities | |
| (3) | Designation in will later revoked | |
| (4) | Designating instrument revoked by operation of law | |
| 225 | 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 | 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 | Insurance money not part of estate | |
| (2) | Contract exempt from seizure | |
| DEALINGS WITH CONTRACT | ||
| 228.1 | 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 | Insured entitled to dividends | |
| (2) | Insurer may use dividends | |
| 228.3 | Transfer of ownership | |
| (2) | Successive owners | |
| (3) | Saving | |
| 229 | Group person insured enforcing rights | |
| (2) | Simultaneous deaths | |
| 229.1 | 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 | 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 | [Repealed] | |
| 230.3 | Limitation of actions — insurance money payable on death | |
| (2) | Exception when presumption of death | |
| (3) | Limitation of other actions | |
| (4) | Limitation period re continuing losses | |
| (5) | Limitation period re period payments | |
| 230.4 | Application of section | |
| (2) | Declaration by court as to sufficiency of proof | |
| 230.5 | [Repealed] | |
| 230.6 | 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 | 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 | 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 | Confinement condition | |
| (2) | Permitted exceptions | |
| 230.16 | Presumption against agency | |
| 230.17 | Regulations | |
| PART VII | ||
| AUTOMOBILE INSURANCE | ||
| 231 | Definitions | |
| 232 | Application of Part | |
| (2) | Exception | |
| (3) | Exception | |
| (4) | Exception | |
| APPROVAL OF FORMS | ||
| 233 | 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 | 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 | Misrepresentation or violation of conditions renders claim invalid | |
| (2) | Use of application as defence | |
| (3) | Proof required | |
| 237 | Statutory conditions | |
| (2) | Interpretation | |
| 238 | Exceptions respecting statutory conditions | |
| (2) | Condition 3 | |
| (3) | Condition 4 | |
| (4) | Application of clause 2(2)(b) of conditions | |
| MOTOR VEHICLE LIABILITY POLICIES |
||
| 239 | Coverage of owner's policy specific automobile | |
| (2) | Other automobiles | |
| (3) | Death of person named in owner's policy | |
| 241 | Persons deemed not owners | |
| 243 | Rights of unnamed insured | |
| 244 | Additional agreements | |
| 246 | Exceptions | |
| 247 | Exclusion for machinery, etc. in operation | |
| 248 | Exceptions | |
| (2) | Interpretation | |
| (3) | Exception | |
| (4) | Certain rules excepted | |
| 249 | Minimum liability under policy | |
| (2) | Priorities | |
| (3) | Minimum limits where separate limits designated | |
| (4) | Variation of limits | |
| 250 | 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 | 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 | Defence where more than one contract | |
| (2) | Hearing | |
| (3) | Order | |
| (4) | Contribution | |
| 257 | Limitation of group automobile insurance | |
| (2) | Where special rate permitted | |
| (3) | Same lessee | |
| 258 | 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 | Insured to give notice of action | |
| (2) | Insured to disclose insurance | |
| PHYSICAL DAMAGE COVER | ||
| 260 | Stipulations in physical damage cover | |
| 261 | Partial payment of loss clause | |
| (2) | Stamping required | |
| 262 | Claims to be adjusted with insured | |
| (2) | Exception | |
| LIMITED ACCIDENT INSURANCE | ||
| 263 | Uninsured motorist coverage | |
| (2) | Limited application | |
| 264 | Medical expense coverage | |
| (2) | Release by claimant | |
| (3) | First loss and excess insurance | |
| (4) | Excess insurance | |
| (5) | Excess insurance | |
| 265 | Accident benefits | |
| (2) | Release by claimant | |
| (3) | First loss and excess insurance | |
| (4) | Excess insurance | |
| (5) | Limit of benefit payable | |
| 266 | Demand for particulars of insurance | |
| (2) | Offence | |
| 267 | Rights of unnamed insured | |
| (2) | Liability in first instance | |
| (3) | Saving clause | |
| 268 | 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 | Other insurance | |
| (2) | Rateable proportion | |
| (3) | Meaning of "rateable proportion" | |
| SUBROGATION | ||
| 273 | 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 | Application of Part | |
| (2) | Interpretation | |
| HAIL COVERAGE | ||
| 284 | Powers of insurers | |
| (2) | Superintendent may approve form of contract | |
| (3) | Additional coverage | |
| (4) | Other losses | |
| 285 | Insurable interest | |
| (2) | Payee need not have insurable interest | |
| APPLICATION FOR INSURANCE | ||
| 286 | 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 | 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 | 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 | Expiry of contracts | |
| (2) | When liability of insurer lapses | |
| (3) | Term of contract may be extended | |
| 293 | 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 | Procedure where acreage less than stated in application | |
| (2) | Procedure where acreage more than stated in application | |
| 299 | Statutory conditions part of every policy | |
| 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 | Governing body to represent lodge | |
| (2) | Governing body in province | |
| CONSTITUTION AND RULES | ||
| 306 | 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 | Delivery of copy of rules | |
| (2) | Penalty | |
| 309 | Payment of insurance by instalments | |
| (2) | Unpaid instalment at death | |
| (3) | Unmatured contract not a liability | |
| MEMBER'S RIGHTS AND LIABILITIES | ||
| 310 | Liability of members | |
| (2) | Withdrawal of member | |
| (3) | Release from liability | |
| (4) | Rules | |
| 311 | Forfeiture of contract | |
| (2) | "Fixed dates" defined | |
| (3) | Reinstatement of member | |
| 312 | Contract suspended or forfeited for just cause | |
| (2) | Condition re intoxicating liquors | |
| 313 | Notices to members | |
| (2) | Notice of reduction of benefits | |
| REPORTS AND READJUSTMENT OF CONTRACTS |
||
| 314 | Filing of certified valuation of actuary | |
| (2) | Declaration of actuary of soundness of society | |
| (3) | Mailing to members | |
| (4) | Exception | |
| 315 | 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 | Failure of society to comply with order | |
| (2) | Report of readjustment committee | |
| (3) | Date of operation report | |
| (4) | Duty of society | |
| 318 | Inability of government employee society | |
| (2) | Superintendent not responsible | |
| SPECIAL RATES AND BENEFITS | ||
| 319 | 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 | |