There are many instances where licensed individuals may utilize the services of unlicensed assistants.
Recently, The Manitoba Insurance Council has received inquiries as to what types of activities require licensure. By licensing agents, brokers and adjusters, Council ensures adequate education and experience standards are met and continued, and that individuals are financially reliable by maintaining continuous professional liability insurance (Errors and Omissions coverage), in order to protect the public.
An “adjuster” is defined in The Insurance Act of Manitoba (the “Act”), as a person who
(a) for or on behalf of an insurer or an insured and for compensation, reward or the hope or expectation of compensation or reward,
(i) solicits the right to negotiate the settlement of or to investigate a loss or claim under a contract, or under a fidelity, surety or guaranty bond issued by an insurer, or
(ii) directly or indirectly negotiates, investigates, adjusts or settles such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the adjustment, negotiation or settlement of such losses or claims, but does not include a member of The Law Society of Manitoba, entitled to practice as a solicitor in Manitoba, acting for or on behalf of a client in the course of and as part of that practice; (« expert » ou « expert en sinistres »)
There are some exceptions listed under section 385(9) of the Act of when a license is not required.
The Act defines an “agent” as a person who for compensation
(a) solicits insurance on behalf of an insurer,
(b) transmits for a person other than the agent an application for or a policy of insurance to or from an insurer, or
(c) acts, or offers or assumes to act, in the negotiation of insurance or in negotiating the continuance or renewal of an insurance contract other than a life insurance contract; (« agent »)
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Any activity falling within the definition of an adjuster or agent must be completed by a licensed individual, as unlicensed activity is prohibited by sections 369(1) Not to act without license, and 385(8) Offense, of the Act.
The following chart is not an exhaustive list, and its use is for guidance only. If the consumer has any insurance related questions, they must be referred to a licensed agent or adjuster.
If an unlicensed individual wishes to perform any duties that require licensure, they must be approved with a licence through the ICM office first before engaging in this type of activity. Contact ILScorp at info@ilscorp.com to inquire about obtaining a General Level 1 or Adjuster Level 1 License for Manitoba.
