Section 1 definition of "mutual company" BEFORE amended by 2016-21-16, effective May 19, 2016 (Royal Assent).
"mutual company" has the same meaning as in the Mutual Fire Insurance Companies Act;
Section 6 (1) BEFORE amended by BC Reg 291/12 under RS1996-440-2(1) & 10, effective June 1, 2013 (BC Reg 291/2012).
(1) Section 7 of the Limitation Act applies to a limitation period established under this Act in respect of an action or proceeding on a contract as if the limitation period were established under the Limitation Act.
Section 37 definition of "spouse" BEFORE amended by 2012-1-155 [conseq], effective September 27, 2013 (BC Reg 207/2013).
"spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 37 definition of "family insurance" BEFORE amended by 2023-10-338, effective March 30, 2023 (Royal Assent).
"family insurance" means insurance under which the lives of the insured and one or more persons related to the insured by blood, marriage or adoption or because of a marriage-like relationship, including a marriage-like relationship between persons of the same gender, are insured under a single contract between an insurer and the insured;
Section 40 BEFORE amended by 2023-10-339, effective March 30, 2023 (Royal Assent).
Application of this Part to group insurance
40 In the case of a contract of group insurance made with an insurer authorized to transact insurance in British Columbia at the time the contract was made, this Part applies in determining
(a) the rights and status of beneficiaries and personal representatives as recipients of insurance money if the group life insured was resident in British Columbia at the time he or she became insured, and
(b) the rights and obligations of the group life insured if he or she was resident in British Columbia at the time he or she became insured.
Section 45 (2) and (3) BEFORE amended by 2023-10-340, effective March 30, 2023 (Royal Assent).
(2) A contract is not void for lack of insurable interest
(a) if it is a contract of group insurance, or
(b) if the person whose life is insured has consented in writing to the insurance being placed on his or her life.
(3) If the person whose life is insured is under the age of 16 years, consent to insurance being placed on his or her life may be given by one of his or her parents or by a person standing in the place of a parent.
Section 46 (a) (part) BEFORE amended by 2023-10-341, effective March 30, 2023 (Royal Assent).
(a) in the case of a primary person who is a natural person, in his or her own life and in the lives of the following:
Section 61 (2) BEFORE amended by RS2012-1-156[conseq], effective March 31, 2014 (BC Reg 207/2013).
(2) Despite the Wills Act, a designation in a will is of no effect against a designation made later than the making of the will.
Section 67 (1) BEFORE amended by 2023-10-342, effective March 30, 2023 (Royal Assent).
(1) Despite the irrevocable designation of a beneficiary, the insured is entitled before his or her death to the dividends or bonuses declared on a contract, unless the contract provides otherwise.
Section 68 (1) (part) BEFORE amended by RS2012-1-156[conseq], effective March 31, 2014 (BC Reg 207/2013).
(1) Despite the Wills Act, if, in a contract or declaration, it is provided that a person named in the contract or declaration has, on the death of the insured, the rights and interests of the insured in the contract,
Section 68 (3) (part) BEFORE amended by 2023-10-342, effective March 30, 2023 (Royal Assent).
(3) Despite a nomination made under this section, the insured may, before his or her death,
Section 69 (1) (part) BEFORE amended by 2023-10-343, effective March 30, 2023 (Royal Assent).
(1) If an assignee of a contract gives notice in writing of the assignment to the insurer at its head or principal office in Canada, he or she has priority of interest as against
Section 71 (1) BEFORE amended by 2023-10-345, effective March 30, 2023 (Royal Assent).
(1) A debtor insured, or a debtor who is jointly liable for the debt with the debtor insured, may enforce in his or her own name the creditor's rights in respect of a claim arising in relation to that debtor insured, subject to any defence available to the insurer against the creditor or that debtor insured.
Section 74 (4) BEFORE amended by 2023-10-347, effective March 30, 2023 (Royal Assent).
(4) In the case of a contract of group insurance, insurance money is payable in the province or territory of Canada in which the group life insured was resident at the time he or she became insured.
Section 76 (2) BEFORE amended by RS2012-1-157[conseq], effective March 31, 2014 (BC Reg 207/2013).
(2) Subject to subsection (5), if a declaration has been made under the Survivorship and Presumption of Death Act, an action or proceeding referred to in subsection (1) must be commenced not later than 2 years after the date of the declaration.
Section 78 BEFORE amended by RS2012-1-157[conseq], effective March 31, 2014 (BC Reg 207/2013).
Declaration as to sufficiency of proof
78 If an insurer admits the validity of the insurance but does not admit the sufficiency of the evidence required by section 73 and there is no other question in issue except a question under section 3 of the Survivorship and Presumption of Death Act, the insurer or the claimant may, before or after action is brought and on at least 30 days' notice, apply to the court for a declaration as to the sufficiency of the evidence furnished, and the court may make the declaration or may direct what further evidence must be furnished, and on it being furnished may make the declaration or, in special circumstances, may dispense with further evidence.
Section 79 (1) BEFORE amended by RS2012-1-157[conseq], effective March 31, 2014 (BC Reg 207/2013).
(1) On making a declaration under section 78 or an order under the Survivorship and Presumption of Death Act, the court may make an order respecting the payment of the insurance money and respecting costs it considers just, and a declaration or direction or order made under this subsection is binding on the applicant and on all persons to whom notice of the application has been given.
Section 81 BEFORE amended by RS2012-1-157[conseq], effective March 31, 2014 (BC Reg 207/2013).
Powers of court
81 If the court finds that the evidence furnished under section 73 is not sufficient or that a presumption of death is not established under the Survivorship and Presumption of Death Act, it may order that the matters in issue be decided in an action brought or to be brought, or may make such other order as it considers just respecting further evidence to be furnished by the claimant, publication of advertisements, further inquiry or any other matter or respecting costs.
Section 84 BEFORE amended by 2016-5-14 and 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
Insurance money payable in installments
84 (1) In this section, installments includes insurance money held by the insurer under section 85.
(2) Subject to subsections (3) and (4), if insurance money is payable in installments and a contract, or an instrument signed by the insured and delivered to the insurer, provides that a beneficiary does not have the right to commute the installments or to alienate or assign the beneficiary's interest in the installments, the insurer must not, unless the insured subsequently directs otherwise in writing, commute the installments or pay them to any person other than the beneficiary, and the installments are not, in the hands of the insurer, subject to any legal process, except an action to recover the value of necessaries supplied to the beneficiary or the beneficiary's minor children.
(3) A court may, on the application of a beneficiary on at least 10 days' notice, declare that in view of special circumstances
(a) the insurer may, with the consent of the beneficiary, commute installments of insurance money, or
(b) the beneficiary may alienate or assign his or her interest in the insurance money.
(4) After the death of the beneficiary, his or her personal representative may, with the consent of the insurer, commute any installments of insurance money payable to the beneficiary.
Section 84 (3) and (4) BEFORE amended by 2023-10-348, effective March 30, 2023 (Royal Assent).
(3) A court may, on the application of a beneficiary on at least 10 days' notice, declare that in view of special circumstances
(a) the insurer may, with the consent of the beneficiary, commute instalments of insurance money, or
(b) the beneficiary may alienate or assign his or her interest in the insurance money.
(4) After the death of the beneficiary, his or her personal representative may, with the consent of the insurer, commute any instalments of insurance money payable to the beneficiary.
Section 92 definition of "spouse" BEFORE amended by 2012-1-155 [conseq], effective September 27, 2013 (BC Reg 207/2013).
"spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 92 definition of "family insurance" BEFORE amended by 2023-10-349, effective March 30, 2023 (Royal Assent).
"family insurance" means insurance under which the lives or well being or both of the insured and one or more persons related to the insured by blood, marriage or adoption or because of a marriage-like relationship, including a marriage-like relationship between persons of the same gender, are insured under a single contract between an insurer and the insured;
Section 95 BEFORE amended by 2023-10-350, effective March 30, 2023 (Royal Assent).
Application of this Part to group insurance
95 In the case of a contract of group insurance made with an insurer authorized to transact insurance in British Columbia at the time the contract was made, this Part applies in determining
(a) the rights and status of beneficiaries and personal representatives as recipients of insurance money, if the group person insured was resident in British Columbia at the time he or she became insured, and
(b) the rights and obligations of the group person insured if he or she was resident in British Columbia at the time he or she became insured.
Section 101, Statutory Conditions, item 6, BEFORE amended by 2023-10-351, effective March 30, 2023 (Royal Assent).
| Insurer to furnish forms for proof of claim | |||||
| 6. | The insurer must furnish forms for proof of claim within 15 days after receiving notice of claim, but if the claimant has not received the forms within that time the claimant may submit his or her proof of claim in the form of a written statement of the cause or nature of the accident, sickness or disability giving rise to the claim and of the extent of the loss. | ||||
Section 104 (2) BEFORE amended by RS2012-1-157 [conseq], effective March 31, 2014 (BC Reg 207/2013).
(2) Subject to subsection (5), if a declaration has been made under the Survivorship and Presumption of Death Act, an action or proceeding referred to in subsection (1) must be commenced not later than 2 years after the date of the declaration.
Section 107 (3) BEFORE amended by 2023-10-352, effective March 30, 2023 (Royal Assent).
(3) If the person insured is under the age of 16 years, consent to the insurance may be given by one of his or her parents or by a person standing in the place of a parent.
Section 108 (a) (part) BEFORE amended by 2023-10-353, effective March 30, 2023 (Royal Assent).
(a) in the case of a primary person who is a natural person, in his or her own life and well being and in the lives and well being of the following:
Section 119 (2) BEFORE amended by RS2012-1-156 [conseq], effective March 31, 2014 (BC Reg 207/2013).
(2) Despite the Wills Act, a designation in a will is of no effect against a designation made later than the making of the will.
Section 121 (1) (c) BEFORE amended by 2023-10-355, effective March 30, 2023 (Royal Assent).
(c) if there is no surviving beneficiary, to the insured or group person insured, as the case may be, or his or her personal representative.
Section 123 (3) (part) BEFORE amended by 2023-10-356, effective March 30, 2023 (Royal Assent).
(3) If an assignee of a contract gives notice in writing of the assignment to the insurer at its head or principal office in Canada, he or she has priority of interest as against
Section 124 (1) BEFORE amended by 2023-10-357, effective March 30, 2023 (Royal Assent).
(1) If a beneficiary is designated, any insurance money payable to him or her is not, from the time of the happening of the event on which it becomes payable, part of the estate of the insured, and is not subject to the claims of the creditors of the insured.
Section 126 (1) BEFORE amended by 2023-10-358, effective March 30, 2023 (Royal Assent).
(1) Despite the irrevocable designation of a beneficiary, the insured is entitled before his or her death to the dividends or bonuses declared on a contract, unless the contract provides otherwise.
Section 127 (1) (part) BEFORE amended by RS2012-1-156 [conseq], effective March 31, 2014 (BC Reg 207/2013).
(1) Despite the Wills Act, if, in a contract or declaration, it is provided that a person named in the contract or declaration has, on the death of the insured, the rights and interests of the insured in the contract,
Section 127 (3) (part) BEFORE amended by 2023-10-358, effective March 30, 2023 (Royal Assent).
(3) Despite a nomination made under this section, the insured may, before his or her death,
Section 128 BEFORE amended by 2023-10-359, effective March 30, 2023 (Royal Assent).
Group person insured may enforce rights
128 A group person insured may, in his or her own name, enforce a right given by a contract to him or her, or to a person insured under the contract as a person dependent on or related to him or her, subject to any defence available to the insurer against the group person insured, such person insured or the insured.
Section 129 (1) BEFORE amended by 2023-10-360, effective March 30, 2023 (Royal Assent).
(1) A debtor insured, or a debtor who is jointly liable for the debt with the debtor insured, may enforce in his or her own name the creditor's rights in respect of a claim arising in relation to the debtor insured, subject to any defence available to the insurer against the creditor or debtor insured.
Part 5.1, sections 146.1 to 146.3 were enacted by 2015-18-322, effective November 28, 2016 (BC Reg 216/2015).
Section 148 (2) BEFORE amended by 2019-14-48, effective June 4, 2019 (BC Reg 116/2019).
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of the superintendent or a person who is subject to the superintendent's direction for which act or omission the government would be vicariously liable if this section were not in force.
Section 148 BEFORE re-enacted by 2019-14-49, effective November 1, 2019 (BC Reg 197/2019).
Immunities
148 (1) An action for damages because of anything done or omitted to be done in good faith
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power
under this Act must not be brought against the superintendent or a person who is subject to the superintendent's direction.
(2) Subsection (1) does not absolve the government or the BC Financial Services Authority, established under section 2 of the Financial Services Authority Act, from vicarious liability for an act or omission of the superintendent or a person who is subject to the superintendent's direction for which act or omission the government or the Authority would be vicariously liable if this section were not in force.
Section 152 BEFORE amended by 2023-10-361, effective March 30, 2023 (Royal Assent).
Trafficking
152 Any person, other than an insurer or its authorized agent, who advertises, or holds himself or herself out, as a purchaser of life insurance policies or of benefits under them, or who traffics or trades in life insurance policies for the purpose of procuring the sale, surrender, transfer, assignment, pledge or hypothecation of them to himself or herself or any person, commits an offence against this Act.