369.1For the purposes of sections 369.1 to 369.4,
“person” means a person engaged in the business of insurance and includes any individual, corporation, association, partnership, reciprocal or inter-insurance exchange, member of the society known as Lloyds, fraternal society, mutual benefit society, agent, broker, adjuster, or damage appraiser;(personne)
“unfair or deceptive acts or practices in the business of insurance” includes,
(actes ou pratiques malhonnêtes ou fallacieux dans le commerce de l’assurance)
(a)
the commission of any act prohibited under this Act or the regulations,
(b)
any discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(c)
any discrimination in any rate or schedule of rates between risks in the Province of essentially the same physical hazards in the same territorial classification,
(d)
any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued,
(e)
any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued,
(f)
any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract,
(g)
any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure,
(h)
any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance upon which a sales commission is payable to such person, or
(i)
any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims.
1980, c.27, s.9; 2016, c.36, s.7