Acts and Regulations

2003-15 - Prohibited Underwriting Practices

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-15
under the
Insurance Act
(O.C. 2003-118)
Filed May 1, 2003
Under subsection 267.9(1) of the Insurance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Prohibited Underwriting Practices Regulation - Insurance Act.
Definitions
2In this Regulation
“Act” means the Insurance Act; (Loi)
“antique vehicle” means an antique vehicle as defined in the Motor Vehicle Act; (ancien modèle)
“reconstructed vehicle” means a reconstructed vehicle as defined in the Motor Vehicle Act. (véhicule reconstruit)
Application
3This Regulation applies to contracts of insurance approved by the Superintendent under subsection 226(6) of the Act.
Prohibited underwriting practices
4An insurer may not decline to issue, refuse to renew or terminate a contract of automobile insurance or refuse to provide or continue any coverage or endorsement, under any circumstance, on any of the following grounds:
(a) the age of the applicant or another person who would be an insured person under the contract;
(b) the age of the vehicle that would be insured by the contract, unless the vehicle:
(i) is an antique vehicle,
(ii) is a reconstructed vehicle, or
(iii) has been substantially modified for enhanced performance;
(c) whether the applicant or another person who would be an insured person under the contract is or has been insured by the Facility Association;
(d) whether the applicant or another person who would be an insured person under the contract was declined insurance or refused a renewal of insurance by an insurer;
(e) whether the applicant or another person who would be an insured person under the contract has claimed in the past under a policy of automobile insurance, as a result of an accident for which the applicant or that person was not at fault;
(f) whether the applicant or another person who would be an insured person under the contract failed to make one payment to an insurer, other than the first payment of a periodic payment plan, if the missed payment was made within 30 days of the date on which it was originally due;
(g) whether the applicant or another person who would be an insured person under the contract has a lapse in coverage under a contract of automobile insurance for a period of less than 24 months, unless the lapse resulted, directly or indirectly, from
(i) the termination of a policy of automobile insurance as a result of a failure to pay premiums due under the contract, or
(ii) the suspension of the person’s driver’s licence for an offence related to the use or operation of an automobile.
2009-1
Prohibited underwriting practices
5No insurer may terminate a contract of automobile insurance or refuse to provide or continue any coverage or endorsement in respect of a contract of automobile insurance where
(a) an insured ceases to be a member of a group, or
(b) the insurer terminates a group marketing plan.
Commencement
6This Regulation comes into force on May 1, 2003.
N.B. This Regulation is consolidated to April 1, 2009.