R.S.M. 1987, c. I40

The Insurance Act

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Table of Contents

1		Definitions.
PART I SUPERINTENDENT AND HIS DUTIES
2		Appointment of superintendent, deputy, and staff.
	(2)	Duties of.
	(3)	Applications under section 280 of The Corporations Act.
3		Duties of deputy.
4		Agreement with Canada for inspection of insurers.
	(2)	Provision for payment to Canada.
	(3)	Regulations for carrying agreement into effect.
	(4)	Superintendent to ascertain inspection expenditure during last preceding year.
	(5)	Assessment.
	(6)	Payment of assessment.
5		Agreement for guarantee of insurers.
	(2)	Regulations.
6		Taking evidence.
	(2)	Oaths.
7		Superintendent not to be shareholder.
8		Actions against superintendent.
	(2)	Actions by superintendent.
	(3)	Leave.
BOOKS AND RECORDS
9		Records of superintendent.
	(2)	Inspection.
10		Annual publication in Manitoba Gazette.
	(2)	Annual publication in Manitoba Gazette.
	(3)	Certificate of filing evidence.
DUTIES RESPECTING LICENCES
11		Superintendent to determine right to licence.
12		Applications for approval by superintendent.
	(2)	Appeal.
13		Decision of superintendent.
	(2)	Certified copy of.
	(3)	Stenographic report of evidence.
14		Appeal.
INVESTIGATION OF INSURERS
15		Consequences of failure to answer inquiries.
16		Access to books.
17		Duty to furnish information on request.
18		Annual inspection of insurers.
	(2)	Examination of affairs of insurer.
	(3)	Duty of officers and agents to facilitate examination.
	(4)	Production of books at head office.
	(5)	Examination of affairs of an insurer.
	(6)	Expenses of examination.
	(7)	Recovery of expenses.
	(8)	Assistants and their remuneration.
	(9)	Disposal of moneys paid for expenses.
	(10)	Inspection adopted.
SERVICE OF PROCESS
19		Service of process on superintendent.
	(2)	Contracts on cessation of licence.
	(3)	Insurer to file address.
	(4)	Superintendent to forward process.
	(5)	Record and remuneration.
	(6)	No judgment by default unless service is proved.
ANNUAL REPORT
20		Annual report.
	(2)	Permissible investments.
	(3)	Superintendent's correction of annual statements.
	(4)	Appraisement of real estate of insurer.
	(5)	Appraisement of security.
	(6)	Appraisement of other investments.
	(7)	What investments allowed.
	(8)	Saving.
	(9)	Appeal.
APPEAL FROM SUPERINTENDENT'S DECISION
21		Appeal.
	(2)	Certificate.
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS IN MANITOBA CARRYING ON BUSINESS
22		Undertaking insurance.
	(2)	Carrying on business.
23		Certain organizations deemed insurers.
	(2)	Definition of "contingency levy".
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.
	(6)	Penalty.
25		Reinsurance with unlicensed insurer.
26		What insurers may be licensed.
	(2)	Effect of licence.
27		Classes of insurance.
	(2)	Limited or conditional licence.
	(3)	Variation of conditions, etc.
	(4)	Determination of classes of insurance by superintendent.
	(5)	Conditions of automobile insurance licence.
	(6)	Penalty for breach.
28		Scope of life insurance.
29		Scope of fire insurance licence.
	(2)	Insurance of automobiles against fire.
30		Restriction re: joint stock company.
	(2)	Restrictions re: life insurance.
	(3)	Restrictions re: Lloyd's.
	(4)	Restrictions re: mutual insurance.
	(5)	Application of other Part.
	(6)	Evidence by insurer whose head office outside of province.
	(7)	Certain types of agreements requiring superintendent's approval.
	(8)	Restriction re guarantee fund.
	(9)	Membership in guarantee fund.
	(10)	Regulations.
31		Information preliminary to licence.
32		Documents to be filed by applicants for licence.
	(2)	Exemption from certain fillings.
	(3)	Changes.
33		Statement of expenses of organization.
	(2)	To what limited.
	(3)	Conditions precedent to issue of licence.
34		Form of licence.
35		Issue of licences.
CANCELLATION OF LICENCE
36		Withdrawal of licence for non-payment of claims.
	(2)	Revival of licence.
37		Failure to keep deposit unimpaired.
38		Insufficiency of assets to be reported by superintendent.
	(2)	Suspension or cancellation.
	(3)	Effect of.
	(4)	Limited licence.
39		Suspension elsewhere.
40		Revival of licence.
41		Report of violations.
DEPOSITS
42		Approved securities.
43		Deposit of.
	(2)	Maximum deposit.
	(3)	Where deposits not required.
	(4)	Increase of amount of deposit.
44		Value of securities.
	(2)	Other than approved securities.
	(3)	Decline in value.
	(4)	Further deposit.
	(5)	Property in securities.
	(6)	Administration.
45		Substitute securities.
46		Excess securities.
47		Withdrawal of deposit
	(2)	Ceasing to do business in province.
	(3)	Lists of contracts.
	(4)	Return of deposit.
	(5)	Return in instalments.
	(6)	Reciprocal deposits.
48		Transfer of deposit on reinsurance.
	(2)	Effect of transfer.
49		Return of deposit to insurer taking Dominion registry.
50		Payment out of deposit on reinsurance by insurer holding Dominion registry.
RECIPROCAL DEPOSITS
51		Definitions.
	(2)	Application of sections 51, 52, and 53.
52		Sole deposit of insurer in province
	(2)	Changing head office.
53		Deposit of insurer held in another province.
	(2)	Notice required on insurer ceasing to do business, etc.
	(3)	Action by superintendent on receipt of notice of administration in another province.
	(4)	Transfer of deposit.
	(5)	Section prevails.
54		Agreement for use of deposit for reinsurance.
ADMINISTRATION OF DEPOSIT
55		Use of deposit for reinsurance.
	(2)	Consents required in case of reciprocal deposit.
56		Administration of deposits.
	(2)	Persons for whom deposit administered.
	(3)	Claims entitling insured to share in deposit
57		Application for administration.
58		Application by superintendent.
	(2)	Application in case of reciprocal deposit.
	(3)	Application by insured person.
	(4)	Duty of superintendents in case of reciprocal deposit.
59		Service of notice of motion by applicant
	(2)	When applicant to be entitled to administration order.
60		Appointment of receiver.
	(2)	Liquidator as receiver of deposit
	(3)	Administration of deposit by liquidator.
61		Termination date fixed by receiver.
	(2)	Termination of Manitoba contracts on date fixed by receiver in another province.
	(3)	When termination date to be fixed.
	(4)	Notice of termination date to all superintendents concerned.
	(5)	Publication of notice of termination date.
62		Duty of superintendent to notify Manitoba insured persons.
	(2)	Lists of insured persons required from agents.
	(3)	Notice to be given by mail by superintendent
	(4)	Publication, broadcasting, etc., of contents of notice.
63		Duty of receiver on appointment.
64		When powers of Master of Queen's Bench exercisable by receiver.
65		Application by receiver for order for sale of securities.
	(2)	Notice of application.
	(3)	Making of order.
66		Priorities in payment of proceeds of deposit
67		Priority of loss claims.
	(2)	Priority of unearned premium claims.
	(3)	Priority of life insurance claims.
	(4)	Allowable amount of claim under unmatured life policy.
68		Action of receiver on receipt of claims.
	(2)	Appeal from receiver.
	(3)	Manner of appeal.
69		List of persons entitled to share in deposit.
	(2)	Schedule of approved claims for losses.
	(3)	Schedule of unapproved claims for losses.
	(4)	Schedule of unearned premiums.
	(5)	Schedule of legal reserves on life policies.
70		Application for order for payment on account of claims.
	(2)	Provision for approved and unapproved claims.
	(3)	Payment of unearned premiums from surplus.
	(4)	Payment of claims in case of life insurance.
71		Payment of delayed claims.
72		Application to court for directions or advice.
73		Submission by receiver of final accounts.
74		Claims remaining unpaid after distribution of deposit.
75		Surrender of security.
INVESTMENTS
76		Investments of surplus funds.
	(2)	Deposit in bank.
BOOKS OF INSURERS
77		Books to be kept.
	(2)	Amount of accountant's expenses.
78		Inspection of.
RECORDS AND RETURNS
79		Records to be kept.
	(2)	Audit of.
	(3)	Expense of.
	(4)	Statement of premium income and losses.
	(5)	Penalty.
80		Return by insurer of automobiles.
	(2)	Agency to compile.
	(3)	Application of sections.
81		By-laws filed.
82		Balance sheet filed.
83		Report of auditor on books.
84		Annual statement.
	(2)	Verification of.
	(3)	Answers to inquires.
	(4)	Contents of statement
	(5)	Life insurance.
	(6)	Restrictions.
	(7)	Value of securities.
	(8)	Discretion of superintendent.
85		No publication before filing.
86		Misrepresentation as to statement, report, etc.
87		Misleading statement prohibited.
LIFE INSURANCE RESERVES
88		Standard of valuation.
	(2)	Deductions in first year policy.
	(3)	Deductions in subsequent years.
	(4)	Deductions where less than 10 premiums.
	(5)	Contract self-supporting.
	(6)	Accident and sickness benefits.
	(7)	Annuity contracts.
	(8)	Insurers registered under Dominion Act.
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)	Offence.
92		Effect of violation of law on enforcement of policy.
UNDERWRITERS' AGENCIES
93		Licence of.
	(2)	Form of policy.
	(3)	Name on back.
	(4)	Evidence of adoption of form.
	(5)	Form of permit.
	(6)	Annual return.
FORFEITURE FOR NON-USER OR DISCONTINUANCE
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.
	(3)	Application of The Corporations Act to winding-up.
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)	Payment of liquidator's costs from deposit.
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.
101		Reinsurance arranged by liquidator or provisional liquidator.
	(2)	Funds available for reinsurance.
	(3)	Agreement for use of deposit for reinsurance.
	(4)	Payments to creditors other than preferred.
	(5)	Reinsurance of part of contracts only.
	(6)	Approval of reinsurance by court.
	(7)	Saving.
102		Transfer of deposit from receiver to liquidator or provisional liquidator.
	(2)	Administration of deposit by liquidator or provisional liquidator.
	(3)	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)	Where termination date fixed by receiver and liquidator.
104		Publication of notice of termination date.
105		Provision for payment of claims for losses and preferred claims.
	(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)	Offence and penalty.
108		Endowment and life funds distributed.
	(2)	Procedure.
	(3)	Merger of funds.
109		Extension of licence.
PENALTIES
110		General penalty.
	(2)	Cancellation of licence.
	(3)	Onus to prove insurer licensed.
	(4)	No licence.
111		Penalty for failure to file returns.
	(2)	Demand by superintendent
	(3)	When liability arises.
	(4)	Penalty a debt.
	(5)	Penalty additional to fine.
112		Time for beginning prosecution.
113		Definitions.
	(2)	Prohibition.
	(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)	Penalty.
	(11)	Effect of termination of contract
	(12)	Restriction on insurer.
FEES AND REGULATIONS
114		Fees.
	(2)	Payment of.
	(3)	Power to regulate.
	(4)	Effect of order.
PART III INSURANCE CONTRACTS IN MANITOBA
115		Application of Part
116		Contracts made in the province.
POLICY OF INSURANCE
117		Terms invalid unless set out in full.
	(2)	Renewal.
	(3)	Statements must be material.
	(4)	Error in statement must be material to affect contract.
	(5)	Materiality question of fact.
	(6)	Exceptions.
118		Copy of application.
119		Contracts generally.
	(2)	Non-compliance not to invalidate.
120		Contents of policy.
	(2)	Where section not applicable.
121		Application of section.
	(2)	Appraisers.
	(3)	Appraisal.
	(4)	Costs.
	(5)	Appointment by judge.
122		Policy payable in Canadian money.
123		Waiver of term or condition.
	(2)	Waiver.
	(3)	Court may proceed where no appraisal made, etc.
124		Red ink.
	(2)	Where section not applicable.
125		Effect of delivery of policy.
	(2)	Suit for premium.
	(3)	Termination of contract.
LOSS UNDER POLICY
126		Forms of proof.
	(2)	Failure to provide proof of loss forms.
	(3)	Allowance of void policy.
	(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		Insurer paying into court.
	(2)	Indemnity.
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.
CONTRACTS COUNTERSIGNED BY AGENT
135		Agents to countersign.
	(2)	Saving.
	(3)	Exception.
	(4)	Penalty.
	(5)	Meaning of "insurer".
136		Prohibitions to agents.
	(2)	Power of attorney forbidden.
PART IV FIRE INSURANCE
137		Application of Part.
	(2)	Exception.
138		Perils insured against.
	(2)	Radio-active contamination.
	(3)	Removal to prevent loss.
	(4)	Extended insurance.
	(5)	Livestock.
139		Renewal of contract.
140		Effect of making application.
141		Cancellation by insurer.
	(2)	Notice of cancellation.
142		Effect of Statutory Conditions.
	(2)	Meaning of "policy".
STATUTORY CONDITIONS
143		Limitation clauses.
144		Several policies.
	(2)	Policy deemed in force.
	(3)	Division into items.
	(4)	Deductible clauses.
	(5)	Limitation.
	(6)	First loss insurance.
145		Unjust exclusions.
146		Subrogation.
	(2)	Loss divided.
147		Return of premium paid on insurance in excess of appraised value of property.
	(2)	Where not applicable.
PART V LIFE INSURANCE
148		Definitions.
	(2)	Annuities as insurance for Part V.
APPLICATION OF PART
149		Application.
	(2)	Beneficiary for value.
	(3)	Preferred beneficiary.
150		Group insurance.
ISSUANCE OF POLICY AND CONTENTS THEREOF
151		Insurer to issue policy.
	(2)	Documents forming contract
	(3)	Contract of fraternal society.
	(4)	Copy of application.
152		Exceptions.
	(2)	Contents of policy.
153		Contents of group policy.
154		Contents of group certificate.
CONDITIONS GOVERNING FORMATION OF CONTRACT
155		Insurable interest.
	(2)	Exceptions.
	(3)	Consent in case of minor.
	(4)	Where court may order termination.
156		Insurable interest defined.
157		Contract taking effect.
	(2)	Delivery to agent
158		Default in paying premium.
	(2)	Payment by registered letter.
159		Who may pay premium.
	(2)	Period of grace.
	(3)	Contract in force during grace period.
160		Duty to disclose.
	(2)	Failure to disclose.
161		Exceptions.
	(2)	Incontestability.
	(3)	Incontestability in 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.
165		Effect of suicide.
	(2)	Suicide and reinstatement
166		Exceptions.
	(2)	Reinstatement.
	(3)	Exceptions.
	(4)	Application of other sections.
DESIGNATION OF BENEFICIARIES
167		Designation of beneficiary.
	(2)	Change in designation.
	(3)	Meaning of "heirs", etc.
168		Designation of beneficiary irrevocably.
	(2)	Attempted designation.
169		Designation in invalid will.
	(2)	Priorities.
	(3)	Revocation.
	(4)	Revocation.
170		Trustee for beneficiary.
	(2)	Payment to trustee.
171		Beneficiary predeceasing life insured.
	(2)	Several beneficiaries.
172		Right to sue.
173		Insurance money free from creditors.
	(2)	Contract exempt from seizure.
DEALINGS WITH CONTRACT DURING LIFETIME OF INSURED
174		Insured dealing with contract.
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)	Prohibition against assignment.
178		Group life insured enforcing rights.
MINORS
179		Capacity of minors.
PROCEEDINGS UNDER CONTRACT
180		Proof of claim.
181		Place of payment.
	(2)	Dollars.
182		Payment outside province.
	(2)	Exception for group insurance.
183		Action in province.
184		Limitation of action.
	(2)	Exception.
185		Documents affecting title.
	(2)	Saving.
186		Declaration as to sufficiency of proof.
187		Declaration as to presumption of death.
188		Court may make order.
	(2)	Payment under order.
189		Stay of proceedings.
190		Appeal.
191		Power of court.
192		Payment into court.
193		Simultaneous deaths.
194		Insurance money payable in instalments.
	(2)	Commutation by beneficiary.
	(3)	Commutation after death of beneficiary.
	(4)	Interpretation.
195		Insurer holding insurance money.
	(2)	Exception.
196		Court may order payment.
197		Costs.
198		Where beneficiary a minor.
199		Beneficiary under disability.
MISCELLANEOUS PROVISIONS
200		Presumption against agency.
201		Insurer giving information.
202		Uniform interpretation.
PART VI ACCIDENT AND SICKNESS INSURANCE
203		Interpretation.
204		Application of this Part.
	(2)	Application of sections of prior Act.
	(3)	Exceptions.
205		Group insurance.
206		Issue of policy.
207		Exceptions.
	(2)	Contents of policy.
	(3)	Contents of group policy.
208		Definitions.
	(2)	Liability of group insurer on termination.
	(3)	Recurrence of disability.
	(4)	Limitation on liability.
	(5)	Rights of insured under replacing group contract
209		Contents of group certificate.
	(2)	Exception.
210		Exceptions or reductions.
	(2)	Placing of exceptions.
	(3)	Reference in endorsements.
	(4)	Saving.
	(5)	Application of section.
211		Statutory conditions.
STATUTORY CONDITIONS
212		Omission or variation of conditions.
	(2)	Conditions 3, 4 and 9.
	(3)	Conditions 5 and 6.
	(4)	Less favourable variation.
	(5)	No variation.
	(6)	Time.
	(7)	Reproduction.
	(8)	Fraternal society.
213		Notice of statutory conditions.
214		Termination for non-payment of initial or renewal premium.
	(2)	Exception.
215		Right where premium unpaid.
	(2)	Where cheque or note for premium not paid.
	(3)	Exception.
	(4)	Fraternal society.
216		Insurable interest.
217		Lack of insurable interest.
	(2)	Exceptions.
	(3)	Consent of minors.
POLICIES ON LIVES OF MINORS
218		Capacity of minors.
MISREPRESENTATION AND NON-DISCLOSURE
219		Duty to disclose.
	(2)	Failure to disclose.
	(3)	Group insurance failure to disclose.
220		Incontestability.
	(2)	Exception.
221		Application of incontestability to reinstatement.
222		Pre-existing conditions.
223		Misstatement of age.
	(2)	Misstatement of age in group insurance.
	(3)	True age governs.
BENEFICIARIES
224		Designation of beneficiary.
	(2)	Designation in invalid will.
	(3)	Priorities.
	(4)	Revocation.
	(5)	Revocation.
225		Meaning of "heirs", etc.
	(2)	Death of beneficiary.
	(3)	Right to sue.
226		Trustee for beneficiary.
227		Documents affecting title.
	(2)	Saving.
	(3)	Interest of assignee.
	(4)	Assignee deemed to be insured.
	(5)	Prohibition against assignment.
228		Insurance money fee from creditors.
	(2)	Contract exempt from seizure.
229		Group person insured enforcing rights.
	(2)	Simultaneous deaths.
230		Payment into court.
	(2)	Costs of proceedings.
	(3)	Discharge of insurer.
	(4)	Where beneficiary a minor.
	(5)	Costs.
	(6)	Procedure.
	(7)	Beneficiary under disability.
	(8)	Payments not exceeding $2,000.
	(9)	Place of payment.
	(10)	Exception for group insurance.
	(11)	Dollars.
	(12)	Payment outside province.
	(13)	Payment to personal representative.
	(14)	Action in province.
	(15)	Insurer giving information.
	(16)	Undue prominence.
	(17)	Relief from forfeiture.
	(18)	Confinement condition.
	(19)	Presumption against agency.
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.
STATUTORY CONDITIONS
1		Material change in risk.
	(2)	Definition.
2		Prohibited use by insured.
	(2)	Prohibited use by others.
3		Requirements where loss or damage to persons or property.
	(2)	Prohibited acts of insured.
	(3)	Obligation of insured.
4		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		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		Termination.
	(2)	Refund.
	(3)	Excess premium.
	(4)	Mode of payment.
	(5)	Time.
9		Notice.
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.
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		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 ss. 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 cover.
	(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.
	(2)	Discharge of insurer.
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 LIVESTOCK INSURANCE
274		Application of Part.
275		Extent of insurance.
276		Part IV statutory conditions apply.
277		Term of insurance.
	(2)	Renewal of policy for one year or less.
PART IX WEATHER INSURANCE
278		Application of Part.
279		Extent of insurance.
280		Part IV statutory conditions apply.
281		Duration.
282		Cash payment with premium note.
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.
	(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 receipt 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		Premium rates.
	(2)	Effect of new rate.
295		Rate of agents' commission to be filed.
	(2)	Rate filed to be maximum payable.
	(3)	Where maximum rate to apply to all agents.
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.
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		Definitions.
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		Old age pensions and endowments.
323		Special rates for expenses.
324		Certificate of actuary approving new rates.
325		Surplus.
PART XII MUTUAL BENEFIT SOCIETIES
326		Licensing of society.
	(2)	Renewal of licence where membership short.
327		Sections to apply.
PART XIII MUTUAL INSURANCE COMPANIES
328		Application of Part.
	(2)	Provisions of this Part to prevail.
329		Limitation on mutual insurance company business.
CONTRACTS
330		Duration of policies.
331		Commencing business.
332		Policies and applications.
RATES OF INSURANCE
333		Rates and amount.
	(2)	Rates of hail insurance in special areas.
334		Reinsurance.
335		Minimum fire rates.
CANCELLATION AND TRANSFER OF CONTRACTS
336		Liability of insured on cancellation.
337		Assignment of policy.
	(2)	Assignment as collateral security.
PREMIUM NOTES AND ASSESSMENTS
338		Premium rates.
339		No lien on land.
340		Premium part cash.
	(2)	Surplus of assessments.
341		Assessments.
	(2)	Notice of assessment.
	(3)	Requirements of notice.
342		Assessments in hail companies.
343		Non-payment of assessment voids policy.
	(2)	Liability continues.
344		Assessments to be proportionate.
345		Suit for assessment
346		Certificate of insurer evidence.
347		Surrender of note.
LOSSES UNDER CONTRACTS
348		Retention of amount of note.
349		Execution against insurer.
350		Setting off debts against hail losses.
351		Deduction.
352		Creation of reserve fund.
	(2)	Application against losses.
	(3)	Property in reserve fund.
353		Reserve fund of hail companies.
PART XIV RECIPROCAL AND INTER-INSURANCE EXCHANGES
354		Definitions.
355		Authority for exchange of reciprocal contracts of insurance.
356		Subscribers not insurers.
357		Execution of contract.
	(2)	Who may maintain action.
358		Declaration by members of exchange.
359		Licence.
360		Evidence before issue of licence for.
361		Service of process.
362		Statement of maximum indemnity.
363		Reserve.
	(2)	Guarantee fund, general.
	(3)	Domestic fire exchange.
	(4)	Automobile insurance exchange.
	(5)	Deficiency.
	(6)	Use of funds supplied to make up deficiency.
	(7)	"Approved securities".
364		Investment of surplus and reserve.
	(2)	Proof of investment in case of other companies.
365		Contracts for subscribers only.
	(2)	Reinsurance.
366		Attorney not to act until licence granted.
	(2)	Penalty.
367		Suspension or revocation of licence.
	(2)	Notice.
368		Fire insurance in unlicensed exchange may be effected out of Manitoba.
PART XV
AGENTS, BROKERS AND ADJUSTERS INSURANCE AGENTS
369		Not to act without licence.
	(2)	Selling annuity contracts.
370		Application for.
	(2)	Approved of.
	(3)	Mode of approval.
	(4)	Errors and omissions insurance for agents.
	(5)	Exemptions from insurance for agents.
371		Issue of licence.
	(2)	Refusal of licence.
	(3)	Restriction on issue of licences.
	(4)	Certificate of authority of corporation, etc. , and naming of operating agent.
	(5)	Restriction thereon.
	(6)	Substitution of "licence" etc., for "certificate of authority".
372		Classes of licences.
373		Expiration of.
	(2)	Where agency terminated.
374		Power of life insurance agents.
	(2)	Insurance with other insurers.
	(3)	General exception.
375		Revocation of licence.
	(2)	Privileged information.
376		One year's disability.
377		Exemption of holder.
	(2)	Limitation on effect of subsection (1).
378		May not offer compensation to prospect.
	(2)	No commission if not a holder.
	(3)	Certain agreements respecting premiums prohibited.
	(4)	Rebates of premiums, etc., prohibited.
	(5)	Exceptions.
	(6)	Agents of fraternal societies.
	(7)	Salaried officials, etc., acting without licence.
	(8)	Exception.
	(9)	Exception.
	(10)	Head office employees.
	(11)	Payment of commission restricted.
	(12)	Twisting life insurance policies prohibited.
379		Reciprocal arrangement respecting agents.
380		Licence as agent to transportation corporation.
	(2)	Regulation by Lieutenant Governor in Council.
BROKERS' LICENCES FOR BUSINESS WITH UNLICENSED INSURERS
381		Licence of special brokers.
	(2)	Application for.
	(3)	Issue of licence.
	(4)	Renewal.
	(5)	Security for.
	(6)	Revocation.
382		Power to arrange contracts.
	(2)	Return to superintendent.
	(3)	Records of contracts.
	(4)	Monthly return.
383		Release of security.
384		Prohibition accepting contracts from agents.
LICENCES OF INSURANCE ADJUSTERS
385		Licence.
	(2)	Restriction on issue of licences.
	(3)	Application for.
	(4)	Issue of licence.
	(5)	Requirements for adjuster's licence.
	(6)	Renewal.
	(7)	Revocation.
	(8)	Offence.
	(9)	Persons to whom this section does not apply.
386		Prohibition against acting as assistant adjuster.
	(2)	Application.
	(3)	Issue of licence.
	(4)	Issue of renewal licence.
	(5)	Employment of assistant adjuster.
	(6)	Transfer of services.
	(7)	Suspension of licence on termination of employment.
	(8)	Term of licence.
	(9)	Revocation or suspension.
387		Solicitation for adjustment prohibited.
	(2)	Exception.
388		Disclosure of name of insurer.
389		Appointment of advisory board.
	(2)	Duty of advisory board.
	(3)	Additional duties.
	(4)	Superintendent not bound.
	(5)	Powers of board to obtain evidence.
	(6)	Regulations as to members and organization, etc.
AGENTS, BROKERS AND ADJUSTERS GENERALLY
390		Effect of payments to agents.
391		Holding out.
392		List published.
	(2)	Personal liability of agent for unlawful contracts.
393		Payments to agents a trust.
394		Return of agents by insurer.
395		Appeal from refusal.
396		Restrictions on licence.
PART XVI AMALGAMATION, TRANSFER AND REINSURANCE
397		"Reinsurance" defined.
398		Saving effect.
399		Transfer and reinsurance.
	(2)	Reinsurance.
400		Agreement for.
401		Petition for in case of life insurers.
	(2)	Service of notice of hearing.
	(3)	Fraternal society.
	(4)	Inspection.
402		Documents with application.
403		Hearing of application.
404		Recommendation of superintendent.
405		Refusal of recommendation.
406		Statutory novation on amalgamation, transfer or reinsurance under this Part
407		Transfer of contracts where insurer leaves Manitoba.
408		Commencement.
409		Subsec. 371(1) am.
	(2)	Commencement.
SCHEDULE
SUPERINTENDENT OF INSURANCE, MANITOBA
RECIPROCAL INSURANCE LICENCE