Acts and Regulations

I-12 - Insurance Act

Full text
Repealed
48Repealed: 2013, c.31, s.20
1968, c.6, s.48; 2013, c.31, s.20
Administration of deposit
48(1)The applicant for administration of the deposit shall serve the originating notice of motion at least ten days prior to the date specified in the notice for the making of the application
(a) upon the insurer or, where the insurer is in liquidation, upon the liquidator of the insurer,
(b) upon the Superintendent, and
(c) in the case of a reciprocal deposit, upon the Superintendent of Insurance of each reciprocating province.
48(2)An applicant for administration is entitled to an order for administration upon proof
(a) that the licence of the insurer has been cancelled, and that its assets are insufficient to discharge its outstanding liabilities,
(b) that an order has been made for the winding-up of the insurer, or
(c) that the insurer has failed to pay
(i) an undisputed claim for sixty days after it has been admitted, or
(ii) a disputed claim after final judgment and tender of a valid discharge,
if the claim arose under a contract of insurance in respect of which the deposit is subject to administration.
1968, c.6, s.48