The Saskatchewan Insurance Act

1 Saskatchewan INSURANCE1c. S-26beingChapter S-26 of the Revised Statutes of Saskatchewan , 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan , 1979, ; 1979-80, ; 1980-81, , 76 and 83; 1982-83, ; 1983, ; 1984-85-86, , 47, 54 and 82; 1986, ; 1986-87-88, ; 1988-89, ; ; 1989-90, ; 1997, ; 1998, and ; 2001, , , and ; 2002, and ; 2003, ; 2004, and ; 2012, ; 2014, ; 2015, ; 2016, ; 2017, ; and 2018, and Saskatchewan Insurance ActNOTE:This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the original Statutes and Regulations should be consulted for all purposes of interpretation and application of the law.

2 In order to preserve the integrity of the original Statutes and Regulations, errors that may have appeared are reproduced in this INSURANCE2c. S-26 Table of ContentsSHORT TITLE 1 Short titleINTERPRETATION 2 Interpretation RepealedPART I Superintendent and his duties 3 Appointment, powers and duties of superintendent and deputy superintendent Information or material 4 Evidence 5 Oaths 6 Actions by superintendent Actions on behalf of consumers Right to receive notices 7 Officials not to be shareholdersRECORDS 8 Records of superintendent 9 Notice of suspension, etc., of licence 10 Certificate of superintendent is evidence of licence, etc. Restrictions on access to records Agreements with other jurisdictions Appointment of representatives ExpertsDUTIES RESPECTING LICENCES 11 Superintendent to determine right of insurer to be licensed 12 Decision of superintendentINVESTIGATION OF INSURERS 13 Failure to answer inquiries 14 Superintendent to have access to books, etc.

3 , of an insurer 15 Duty to furnish information on request 16 Superintendent may require insurer to file copy of policy, etc. 17 Inspection of certain insurersSERVICE OF NOTICE OR PROCESS 18 Service on superintendent 19 Insurer to file address 20 Superintendent to forward notice or processANNUAL REPORT 21 Annual report 22 Superintendent s power re annual report 23 Appraisement of real estateAPPEAL FROM SUPERINTENDENT S DECISION 24 Right of appealPART II General Provisions TRANSACTING Insurance 25 Certain insurers deemed to be transacting Insurance Mutual benefit societies 26 Reinsurance with unlicensed insurerAPPLICATION FOR FEDERAL STATUS 27 Provincial insurer may apply for continuation as Canada corporationLICENCES 28 Necessity for licence 29 Insurers which may be licensed 30 Effect of licence 31 Conditions of automobile Insurance licence 32 Scope of life Insurance licence 33 Scope of fire Insurance

4 Licence 34 Certain standards to be met 35 Licences to insurers under assigned risk plan 36 Notice of application for licence 37 Documents to be filed by applicants for licences Power of attorney 38 Repealed 39 Repealed 40 Requirements to obtain licence 41 Form of licences 42 Notice of issue of licenceSUSPENSION OR CANCELLATION OF LICENCE 43 Power of superintendent to suspend or cancel licence 44 Insufficiency of assets to be reported by superintendent 45 Transacting Insurance in foreign jurisdiction without authority Insurer to notify superintendent of certain actions 46 Insurer to cease business on suspension or cancellation of licence 47 Notice 48 Revival of licence 49 to 80 RepealedINVESTMENTS 81 Investment of fundsBOOKS OF PROVINCIAL INSURERS 82 Books to be kept Records 83 Share register RepealedRECORDS AND RETURNS 84 Repealed 85 Repealed Financial year 86 Annual return re provincial insurers Annual return re reciprocal Insurance exchange Standards of financial reporting Audited financial statements to be provided to policyholders 87 Annual return re insurers other than provincial insurers and reciprocal Insurance exchanges Interim financial statements 88 to 92 Repealed 93 Advertised statement 94 Statements that financial standing guaranteed by Government prohibited ReportsRESERVES 95 Repealed 96 Hail Insurance profitsPAYMENTS TO AGENTS 97 Payment to agent deemed payment to insurerUNDERWRITERS AGENCIES 98 Licence necessaryFORFEITURE OF CORPORATE POWERS 99 Forfeiture of corporate powers upon non-user.

5 FeesPART III Insurance Contracts in Saskatchewan101 Application102 Contracts deemed made in SaskatchewanPOLICY OF INSURANCE103 Terms, etc., invalid unless set out in full104 Copy of application105 No contract inconsistent with ActSASKATCHEWAN INSURANCE3c. S-26106 Imperfect compliance107 Contents of policy108 Application109 Relief from Relief from forfeiture on surety bond110 How policy payable111 Waiver of term or condition112 Effect of delivery of policyLOSS UNDER POLICY113 Insurer to furnish forms114 When action may be brought under contract115 Consolidation of actions116 Payment into courtNOTICES117 Notices, how givenINSURANCE AS COLLATERAL SECURITY118 Insurance clauses in financing agreementsCONTRACTS COUNTERSIGNED BY AGENTS119 Agents to sign contractsMISCELLANEOUS120 Payment of refund to assignee in certain cases121 Effect upon contracts of violation of law122 Right of action of judgment creditor against insurer in certain Recovery by innocent personsPART IV Fire Insurance123 Application of Part124 Extent of coverage by contract125 Renewal of contract126 Form of contract127 Restriction on cancellation128 Statutory conditions129 Limitation of liability clauses130 Rateable contribution excluded only by consent131 Special stipulations132 SubrogationPART V Life Insurance133 Interpretation of PartAPPLICATION OF PART134 Application135 Group insuranceISSUANCE OF POLICY AND CONTENTS THEREOF136

6 Insurer to issue policy137 Exceptions138 Contents of group policy139 Contents of group certificateCONDITIONS GOVERNING FORMATION OF CONTRACT140 Insurable interest141 Insurable interest defined142 Contract taking effect143 Default in paying premium144 Who may pay premium145 Duty to disclose146 Exceptions147 Non-disclosure by insurer148 Exceptions149 Mis-statement of age in group insurance150 Effect of Medical assistance in dying151 ExceptionsDESIGNATION OF BENEFICIARIES152 Designation of beneficiary153 Designation of beneficiary irrevocably154 Designation in invalid will155 Trustees for beneficiary156 Beneficiary predeceasing life insured157 Right to sue158 Insurance money free from creditorsDEALINGS WITH CONTRACT DURING LIFETIME OF INSURED159 Insured dealing with contract160 Insured entitled to dividends161 Transfer of ownership162 Interest of assignee163 Group life insured enforcing rightsMINORS164 Capacity of minors165 RepealedPROCEEDINGS UNDER CONTRACT166 Proof of claim167 Place of payment168 Action in Saskatchewan169 Repealed170 Documents affecting title171 Declaration as to sufficiency of proof172 Declaration as to presumption of death173 Court may make order174 Appeal175 Power of court176 Payment into court177 Simultaneous deaths178 Insurance money payable in instalments179 Insurer holding Insurance money180 Court may order payment181 Costs182 Where beneficiary a minor183 Beneficiary under disabilityMISCELLANEOUS PROVISIONS184 Presumption against agency185 Insurer giving informationPART VI Automobile Insurance INTERPRETATION186 Interpretation of

7 PartAPPLICATION OF PART187 Application of PartAPPROVAL OF FORMS188 Approval of forms by superintendentAPPLICATION AND POLICY189 Persons forbidden to act as agent190 Copy of application in policy191 Misrepresentation or violation of conditions renders claim invalid192 Statutory conditions193 Exceptions respecting statutory conditionsMOTOR VEHICLE LIABILITY POLICIES194 Coverage of owner s policy, specific automobile195 Coverage of non-owner s policy196 Persons deemed not owners197 Territorial limits198 Rights of unnamed insured199 Additional agreements200 Exceptions from Certain exclusions from liability prohibited201 Idem202 Same203 Same204 Minimum liability205 Stipulation in motor vehicle liability policy206 Excess insuranceSASKATCHEWAN INSURANCE4c. S-26207 Agreement for partial payment of claim by insured208 Interpretation209 Defence where more than one contract210 Application of Insurance money under motor vehicle liability policy211 Insured to give notice of actionPHYSICAL DAMAGE COVER212 Stipulations in physical damage cover213 Partial payment of loss clause214 Claims to be adjusted with insuredLIMITED ACCIDENT INSURANCE215 Uninsured motorist cover216 Medical expense coverage217 Accident benefits218 Demand for particulars of insurance219 Rights of unnamed insured220 Payment into court221 Limitation of action222 Demand on claimant223 Terms of certain insurancesOTHER INSURANCE224 Other insuranceSUBROGATION225 SubrogationPART VII Accident and Sickness Insurance INTERPRETATION226 Interpretation of Part227 Application of Part228 Group

8 Insurance229 Issue of policy230 Exceptions231 Contents of group policy232 Contents of group certificates233 Exceptions or reductions234 Statutory conditions235 Omission or variation of conditions236 Notice of statutory conditions237 Termination for non-payment of initial or renewal premium238 Right where premium unpaid239 Insurable interest240 Lack of insurable interestPOLICIES ON LIVES OF MINORS241 Capacity of minorsMISREPRESENTATION AND NON-DISCLOSURE242 Duty to disclose243 Incontestability244 Application of incontestability to reinstatement245 Pre-existing conditions246 Misstatement of ageBENEFICIARIES247 Designation of beneficiary248 Meaning of heirs , Trustee for beneficiary250 Documents affecting title251 Insurance money free from creditors252 Group person insured enforcing rights253 Simultaneous deaths254 Payment into court255 Where beneficiary a minor256 Beneficiary under disability257 Payments not exceeding $2.

9 000258 Place of payment259 Action in Saskatchewan260 Insurer giving information261 Undue prominence262 Relief from forfeiture263 Presumption against agency264 Definition of machine 265 Payments to hospital under Provincial Health Authority Act or Saskatchewan Medical Care Insurance ActPART VIII Live Stock Insurance266 Application of Part267 Extent of insurance268 Part IV statutory conditions apply269 Term of insurancePART IX Hail Insurance APPLICATION OF ACT270 Application of PartHAIL COVERAGE271 Powers of insurers272 Insurable interestAPPLICATION FOR INSURANCE273 Application for insurance274 Duty of agents to forward applicationsCOMMENCEMENT OF LIABILITY275 Time at which contract takes effect276 Procedure where wrong premium tendered277 Procedure by insurer on receipt of application278 Policy deemed to be in accordance with application279 Expiry of contracts280 Partial payment of loss clause281 Premium rates282 Agents commission283 Notice of termination when loss payable to third party284 Copy of adjustment given to insured285 Procedure where acreage less than stated in application286 Statutory conditions part of every policy287 Relief from forfeiturePART X Weather Insurance288 Application of part289 Extent of insurance290 Part IV statutory conditions apply291 DurationPART XI Mutual Insurance Companies292 Application to licensed companiesPOWERS AND RESTRICTIONS293 Power to undertake insurance294 Restriction on investments295 Power to make bylawsMEMBERS296 Insured persons deemed membersMEETINGS297 Annual meetings298 Special meetings299 Notice of meetings300 Members entitled to

10 Vote at meetings301 QuorumDIRECTORS302 Number of directors303 Persons eligible as directors304 Retirement of directors in rotation305 Vacancies306 Manager may be a director and may be paid a salary307 Travelling expensesDUTIES AND POWERS OF BOARD OF DIRECTORS308 Duty to administer affairs of company, Appointment of officers and security for performance of their duties310 Table of rates311 Pro rata payments of losses312 Distribution of prof