In this section you will find the most recent edition of the RIBO Bulletin along with archived copies from the spring edition 1999 onwards. Feel free to contact us with any questions or comments.

SPRING 2000 - Volume 20 - No.83

President's Message

Reminder

Marketing & Communication Committee Report

Prepaid Legal Services

Qualification and Registration Committee Report

Decision of the Qualification and Registration Committee

Important Notice: Unlicensed Intermediaries (Wholesalers)

Thompson's World Insurance News

Placing Business with Intermediaries

RIBO President Receives Award of Merit

Decisions of the Discipline Committee

Addition & Deletions from the RIBO Register (Nov 20, 1999-Feb 18, 2000)

Staff Appointments

President's Message

Art Despard

The new millennium is finally here and thanks to all the planning and system updates there were no reported problems at any brokerages in Ontario!

We started this century off on a good note at RIBO by holding our annual Strategic Planning Session in early January. This is where Council members and senior staff get together to assess the past year and discuss issues we feel will be important in the year to come. This year our discussion focused on Sole Occupation and Ownership. Though the topics certainly are not new, we wished to get the different viewpoints we have already received from brokers down on paper in hopes of coming to some sort of consensus in the future.

As always, RIBO Council members and staff are always looking for opportunities to communicate and meet with brokers. In the past we have held Members' Forums across the province to give brokers the opportunity to express their views on various issues. As you will read in Beverly Lannon's Marketing and Communications Report, we have decided to try something new this year by attending your events and meetings and hearing what it is you want to talk about. Please get in touch with us if you have an event you would like us to attend.

This issue of the Bulletin is an important one since it includes a FSCO Consumer Advisory on prepaid legal and a warning to brokers to exercise extreme caution when dealing with intermediaries (wholesalers). Each newsletter is three-whole punched to make filing as simple as possible, so please hold on to this and all other issues for future reference.

I look forward to meeting many of you face-to-face at industry events in the coming months. So, if you spot me, or any other Council or staff member, wearing a RIBO nametag please come up and introduce yourself. We are always interested in what you have to say.

Art Despard

REMINDER

Any intermediary writing insurance business on persons or property in Ontario must be licensed in Ontario. Similarly, any Ontario broker writing business on persons or property in another province must be a licensed broker in that province.

Marketing & Communication Committee Report

Beverly Lannon
Chairperson

What do YOU want to talk about?

Over the past few years we have gained a great deal of information from the Members' Forums and I'd like to thank all participants for their insight. This year, however, we are considering a different format for communicating with our members. Instead of instigating discussion on the topics we choose, we hope to attend your local meeting, event or conference and discuss issues relevant to your area.

Plans are already underway to attend and participate in various broker association and industry events across the province. We believe this will allow us the opportunity to meet face-to-face and connect with brokers in a different format and perhaps in different regions.

If you would like us to attend your local meeting, speak at a particular event, or just voice your opinion, please contact Susan MacKenzie, Communications Co-ordinator.

Prepaid Legal Services

Consumer Advisory - Issued by FSCO on January 2000

This is a consumer advisory on prepaid legal access plans offered by PPL Legal Care of Canada Corporation (PPL).

Recent Changes in Prepaid Legal Access Plans in Ontario

The Financial Services Commission of Ontario (FSCO) has received many inquiries over the past few months about prepaid legal access plans. These inquiries have focused mainly on whether prepaid legal access plans are considered to be an insurance product or a service contract.

Where the service offered depends on the occurrence of a risk or peril, as is the case in Legal Expense Insurance, then this is considered to be insurance in accordance with the Insurance Act. Legal Expense Insurance is a distinct class of insurance in Ontario and is offered by several insurance companies. Only a licensed insurance agent can sell this product on behalf of these insurance companies.

Consumers in Ontario who have prepaid legal access plans with PPL Legal Care of Canada Corporation (PPL) should be aware of a change that took effect on January 1, 2000.

FSCO recently held discussions with PPL and, as a result of these discussions, PPL will offer for sale a new prepaid legal services plan effective January 1, 2000. The new plan is not considered to be an insurance product.

Consumers who already have existing prepaid legal access plans with PPL will have their contracts underwritten by an insurance company licensed to write this class of insurance.

Qualification and Registration Committee Report

Brian Hitchlock
Chairperson

It seems the phones are always ringing in the Qualifications and Registration Department. The past few months have certainly been no exception. The following are a few of the issues that our members have recently inquired about. If you have any questions on these issues or others relating to the qualification and registration of insurance brokers, please do not hesitate to call. Our staff is always willing to assist.

Prepaid Legal Services - Based on the consumer advisory issued by FSCO the Qualifications and Registration Committee has agreed that brokers may sell this product through the secondary business exemption process. It will be treated as a service contract and handled at RIBO similarly to the Roadside Assistance Program. If you intend to offer Prepaid Legal Services to your clients, you must submit an application for a secondary business exemption. Please fax your application request to Sonia Lyew Garcia (416) 365-7664 or E-mail sonia@ribo.com.

Y2K exclusion on Brokers' Errors & Omissions Policies - The Qualification and Registration Committee continues to maintain the position that Year 2000 exclusions are unacceptable on Brokers' Errors & Omissions coverage. Some E&O carriers have chosen to charge a premium for removing the Y2K exclusion. The committee has reviewed the policy restrictions and decided that the endorsement removing the restriction must remain in force for the remainder of the year at which time we will review our position.

New Equivalency Exams - We have developed two separate equivalency exams, one will cover the RIB Act and Regulations, and the other to cover Ontario Auto. Individuals coming from other parts of the Property & Casualty sector will be able to apply to have the Level 1 examination waived based on insurance education and experience, and only write the RIB Act & Regulations exam. Individuals, who are licensed in other provinces with which we have reciprocity, will write the RIB Act & Ontario Auto exams instead of the entire acting under supervision examination.

Over the last three months the Qualification and Registration Committee reviewed the following: Sixty-one requests for secondary business exemptions, of which, 26 were for the sale of mutual funds. The remainders were granted mainly to provide supplemental income to the individuals. Eight requests to waive the level one examination were also reviewed. With the exception of one, all were granted as these individuals satisfied the committee that they had the appropriate education and insurance experience to warrant granting an acting-under-supervision license. One request to wave the level II exam was refused.

DECISION OF THE QUALIFICATION AND REGISTRATION COMMITTEE

Johanna Sandham Insurance Services Inc.

The Qualification and Registration Committee of the Registered Insurance Brokers of Ontario, on December 8, 1999, confirmed the Manager's Proposal to Revoke the Certificate of Registration of Johanna Sandham Insurance Services Inc. on the grounds that the corporate broker does not meet the requirements of Section 6(1)(b) of Ont. Reg. 991, as amended, which provides:

"6(1) A corporation is qualified to be issued and hold a Certificate of Registration as an insurance broker where,
(b) the corporation acts as an insurance broker under the direction and supervision of a Principal Broker as described in s7.2 of Ont. Reg. 991."

The Committee heard evidence that as a result of a Decision of the Discipline Committee of the Registered Insurance Brokers of Ontario, the Certificate of Registration of Johanna Sandham, the Principal Broker of Johanna Sandham Insurance Services Inc. was restricted to acting under supervision. The Committee also heard evidence that Johanna Sandham Insurance Services Inc. had not appointed a qualified Principal Broker to direct and supervise the brokerage, and therefore, in the absence of a qualified Principal Broker, Johanna Sandham Insurance Services Inc. does not meet the requirements of Section 6(1)(b) of Ont. Reg. 991.

Important Notice: Unlicensed Intermediaries (Wholesalers)

RIBO advises brokers to proceed with extreme caution when using unregulated intermediaries. Because Ontario does not require wholesalers to be licensed (the only province in Canada), it is necessary to exercise the appropriate diligence when investigating the credentials of unlicensed and unregulated intermediaries (wholesale brokers) before they place business.

We suggest you use our online database (www.ribo.com) to check for registration, contact your local association, or if possible, get a list of reputable references. It is your professional responsibility to ensure you provide clients with the best overall service!

If placing business with an unlicensed insurer, please ensure that you comply with Regulation 991, Section 10, and have your client read and sign the unlicensed insurance client consent form.

For reference, see the article below and the article by South Western Group.

Thompson's World Insurance News

Reprinted with permission from the March 6, 2000 issue.

A WHOLESALE broker in Ontario for whom an arrest warrant has been issued in B.C. says the original cease and desist order against him there was based on false information.

Ian Stuart Smith of Heritage International is also the subject of an investigation in Alberta, Insurance Council gm Joanne Abram said. She said it deals with unlicensed activity.

An Ian Stuart, who said he does not go by the name Ian Stuart Smith, said the B.C. order will be fought and that "this could turn out to be a very, very nasty situation for the superintendent of insurance (in B.C.)."

B.C. Financial Institutions Commission investigator Ken Fraser said Mr. Stuart had 14 days to appeal the days to appeal the order but did not do so. Mr. Stuart Smith said he did appeal in time but received no response from the regulator.

To challenge it now, he will have to go to court in B.C.

Last month, an arrest warrant was issued in B.C. for Ian Stuart Smith on eight counts under the province's Financial Institutions Act.

Mr. Fraser said he would be picked up if returned to the province. Mr. Stuart said he did not know of any warrant for his arrest.

Four of the counts relate to acting as an insurance agent without being licensed and the other four to failing to comply with an order under the Act.

FICOM's Mr. Fraser said Ian Stuart Smith of Heritage International was using another broker as an intermediary. He was selling general and professional liability, including directors' liability.

While as a wholesale broker he is not required to be licensed in Ontario, he is in all other provinces.

RIBO gm Jeff Bear said the question of not requiring registration of wholesale brokers is being discussed with the Financial Services Commission of Ontario.

He added: "in our opinion they should all be registered."

Mr. Bear said Ian Stuart Smith's license as a broker was revoked in 1997 by that organization's discipline committee. Mr. Stuart said he is not aware of any complaints in Ontario and that he had never been registered in that province.

Mr. Stuart told Thompson's the B.C. cease and desist order claims that four brokers said they were solicited by Heritage when, in fact, it was the brokers who approached the wholesaler.

Two of these brokers, he said, have come forward to correct this false information.

"When they start issuing documents based on false, testimony, that's a problem."

He said he believes FICOM has "exceeded its authority," because neither Heritage nor the companies insuring the risk are based in B.C.

Heritage has always been based in Ontario, he said, and the insurer and clients it works with are American.

Placing Business with Intermediaries

by South Western Group

There seems to be more and more Insurance Intermediaries springing up across Canada. Some are acting exclusively as an Intermediary, and some are Insurance Retailers moving into the wholesale end of our business.

Intermediaries are generally managing agencies (MGAs), underwriting managers, or wholesalers, and offer a variety of products and markets to the insurance broker and the end user, your client.

When dealing with an intermediary it is of utmost importance to:

1.   Ensure the intermediary carries Errors and Omissions Insurance and Fidelity Insurance with a recognized, licensed insurer for substantial limits.
2.   Check on the markets they represent. Solid, well known, and unlicensed insurers should indicate credibility and strength of the intermediary.
3.   Be extremely careful if an intermediary is using non-admitted or licensed markets, particularly for business of a general nature.
4.   Insist on only licensed markets being used for your business. Imagine the potential situations that could arise when placing business with an unlicensed market through an intermediary who does not carry Errors and Omissions!

RIBO President Receives Award of Merit

RIBO President, Art Despard, received the Year 2000 Insurance Institute of Canada's Award of Merit. The award for outstanding service by a volunteer of the Insurance Institute of Canada was presented in Toronto on February 24 at the Institute's Annual Convocation & Awards Dinner.

With close to 50 years of industry experience (he started young), Art's volunteer work in the insurance industry is both extensive and impressive. He has served as President of the Society of Fellows and is a Past President of the Insurance Institute of Ontario. A frequent speaker on insurance matters, Art has been a media representative for the industry. His work has been published in various insurance journals and trade publications throughout North America and Britain. And to top it all off, he continues to lecture extensively to industry groups across Canada and the United States.

Please join us in congratulating Art.

Decisions of the Discipline Committee

CAUTION:   While the information contained below is public, members should take caution that inappropriate use of this information may be considered to be misconduct.

Catherine Pamela Ketcheson
Registration Number: I05165
Whitby, Ontario

PARTICULARS OF THE COMPLAINT- FRAUDULENT COLLECTION OF COMMISSIONS- MISAPPROPRIATION OF TRUST FUNDS

MISCONDUCT: Ont. Reg. 991, S14(1)

  • Falsified computer records in order to collect commissions for non-existing policies.
  • Accepted premium monies from clients, which she failed to remit to the brokerage or to the insurer.

    DISCIPLINE COMMITTEE'S DISPOSITION (02/17/00)

  • No one appearing on behalf of Catherine Pamela Ketcheson although properly served with the Notice of Hearing.
  • Catherine Pamela Ketcheson found guilty of allegations of misconduct.
  • The Certificate of Registration of Catherine Pamela Ketcheson was revoked effective February 17, 2000.

    Patrick Lee
    Registration Number: I06603
    Markham, Ontario

    PARTICULARS OF THE COMPLAINT- MISAPPROPRIATION OF TRUST FUNDS

    MISCONDUCT: Ont. Reg. 991, S14(1); 16(4)

  • Accepted premium monies from clients, which he failed to remit to the brokerage or to the insurer. DISCIPLINE COMMITTEE'S DISPOSITION (02/17/00)

  • No one appearing on behalf of Patrick Lee although properly served with the Notice of Hearing.
  • Patrick Lee found guilty of allegations of misconduct.
  • The Certificate of Registration of Patrick Lee was revoked effective February 17, 2000.

    Claude Labreche
    Registration Number: I06313
    Rockland, Ontario

    PARTICULARS OF THE COMPLAINT- MISAPPROPRIATION OF TRUST FUNDS

    MISCONDUCT: Ont. Reg. 991, s14(1)

  • Accepted premium monies from clients, which he failed to remit to the brokerage or to the insurer.

    DISCIPLINE COMMITTEE'S DISPOSITION (02/17/00)

  • No one appearing on behalf of Claude Labreche although properly served with the Notice of Hearing.
  • Claude Labreche found guilty of allegations of misconduct.
  • The Certificate of Registration of Claude Labreche was revoked effective February 17, 2000.

  • Addition & Deletions from the RIBO Register (Nov. 20, 1999 - Feb. 18, 2000)

    Additions
    2958    AGILON FINANCIAL INC. TORONTO
    2959   ROCCA DICKSON ANDREIS INC. CONCORD
    2961   MERIDIAN INSURANCE GROUP INC. OTTAWA
    2963   VILLAGE INSURANCE SERVICES INC. LONDON
    2964   DEERBORNE INSURANCE LTD. TORONTO
    2965   ASSURANCE MARC LACHANCE & ASSOCIES INC. WESTMOUNT
    2966   PROFESSIONAL GUIDE LINE INC. TORONTO
     
    Deletions
    20   W.R. ADAMS INSURANCE BROKERS LIMITED ST. CATHARINES
    73   ARGYLE INSURANCE BROKERS LTD. OTTAWA
    138   BAUMAN MCKAY & COMPANY INSURANCE BROKERS INC. HAMILTON
    188   BIGGS EVANS PHILLIPS & MARTIN INSURANCE BROKERS LIMITED TORONTO
    713   T.J.A. FERGUSSON & SON LTD. HAMILTON
    910   HANSFORD INSURANCE BROKER INC. THUNDER BAY
    1099   ROBERT JONES INSURANCE BRANTFORD
    1148   KIRBY-MCHUGH INSURANCE BROKERS LTD. WOODSTOCK
    1384   MATTHEWS & ASSOCIATES INSURANCE BROKERS LTD. PETERBOROUGH
    1426   MCDONELL-LEVERT INSURANCE BROKERS LTD. LANCASTER
    1537   MOORE & DAVIS LIMITED HAMILTON
    1802   RAMESBOTTOM & ASSOCIATES LIMITED HAMILTON
    1923   JOHANNA SANDHAM INSURANCE SERVICES INC. TORONTO
    1949   SEAWAY INSURANCE BROKERS LIMITED LANCASTER
    2046   SPOONER-MIGNACCO LTD. TIMMINS
    2094   SULLIVAN & ASSOCIATES INSURANCE BROKERS INC. NEPEAN
    2144   S.D. TERRY COMPANY LIMITED SCARBOROUGH
    2416   W.C. EAKET INSURANCE BROKERS INC. IRON BRIDGE
    2605   INSURIT INSURANCE BROKERS LTD. LANCASTER
    2621   AXINOR INC. WESTMOUNT
    2770   ANGLERS & HUNTERS INSURANCE BROKERS LTD. SUDBURY
    2783   JERRY BENETEAU ENTERPRISES INC. WINDSOR
    2882   GROUP CHOICE FINANCIAL PRODUCTS LTD. KITCHENER
    2906   MUNI-PRO INSURANCE SERVICES INC. WOODBRIDGE

    Staff Appointments

    Susan MacKenzie, B.A.,
    Communications Co-ordinator

    Susan MacKenzie joined RIBO in October as Co-ordinator of Marketing and Communications.

    New to the insurance industry, Susan comes to RIBO with a background in both publishing and communications. She holds a B.A. in English from the University of Western Ontario and hopes to complete her Certificate in Public Relations from Ryerson within the next few years.

    Like her RIBO predecessor Martha Grant, Susan grew up in Halifax, Nova Scotia (no connection). Due to lack of job opportunities back home, she moved to the "big city" in 1991 to work for TV GUIDE magazine. After six years of "insane daily deadlines" and several different editorial positions Susan moved her career in a new direction by going back to school part-time and accepting a job in corporate communications.

    At home Susan spends most of her free time with her two-year-old son Aidan.

    Laurie Reynolds
    Qualification & Registration Clerk

    Laurie Reynolds joined the RIBO team just before Christmas after taking a brief hiatus from the work force to care for her four-year-old daughter Kayla.

    Before motherhood Laurie worked for the Management Board Secretariat where she held several positions including Staff Development Clerk and Workers Compensation Clerk.

    Although Laurie considers herself lucky for having had the opportunity to spend quality time with her daughter, she's happy to be spending her days among adults again.

    Madeline Ross
    Receptionist

    If you've called the RIBO office in the past few months you were probably greeted by the cheerful voice of Madeline Ross, our new receptionist.

    Madeline joins RIBO after holding a variety of positions in some pretty important places, including working for the Attorney General's Office as secretary to four judges in Juvenile Court and later as secretary to the Chief Judge of Family Court. More recently Madeline worked at the Royal Ontario Museum as a Department Assistant in the Scientific Department of Ichthyology and Herpetology where she says, "I actually developed a liking for snakes and a few other reptiles, but the fish side left me cold."

    Outside of the office Madeline enjoys yoga, hiking and hanging around with her six-year-old granddaughter Emily who she says, "definitely keeps me young and teaches me lyrics from the Spice Girls."

    Members of Council - Registered Insurance Brokers of Ontario

    PRESIDENT
    Art Despard
    Aon Reed Stenhouse Inc.
    20 Bay St., Ste. 2400
    Toronto, Ontario M2J 2N9
    Tel: (416) 868-5500
    Fax: (416) 868-5580
    PAST PRESIDENT
    Lorie J. Guthrie Phair
    Guthrie Insurance Brokers
    3080 Yonge Street, Ste. 4070
    Toronto, Ontario M4N 3N1
    Tel: (416) 487-5200
    Fax: (416) 487-4614
     
    VICE PRESIDENT
    Brian Hitchlock
    Marsh Insurance Ltd.
    Box 75, 199 Coleman Street
    Belleville, Ontario K8N 4Z9
    Tel: (613) 969-7007
    Fax: (613) 969-6578
    e-mail: brian@insurance-broker.net
    SECRETARY
    Darren Hamilton
    Hamilton & Hamilton
    Insurance Brokers Ltd.
    1701 Woodward Drive
    Ottawa, Ontario K2L 0R4
    Tel: (613) 224-3200
    Fax: (613) 224-5544
     
    TREASURER
    Andrew Osbourne
    Firstbrook, Cassie & Anderson Ltd.
    1867 Yonge Street, Ste. 300
    Toronto, Ontario M4S 1Y5
    Tel: (416) 486-1421
    Fax: (416) 486-7035
     
    MEMBERS
    * Public members are appointed by the Lieutenant Governor-in-Council to represent the public interest.
     
    Jack Baizana
    Jack Baizana Insurance Brokers Ltd.
    1390 Prince of Wales Dr.
    Ottawa, ON K2C 6N6
    Tel: (613) 225-7722
    Fax: (613) 226-2781
    * James Chestnutt
    4076 Deer Run Court
    Mississauga, Ontario L5C 3P2
    Tel: (905) 277-2990
    Fax: (905) 277-0639
     
    Barry Downs
    Partners Indemnity Insurance Brokers Ltd.
    44 Victoria St., Ste. 1610
    Toronto, Ontario M5C 1Y2
    Tel: (416) 366-5243
    Fax: (416) 862-2416
    * Al Hawco
    3311 Warner Way
    Osgoode, Ontario K0A 2W0
    Tel: (613) 826-2804

     
    * Hassan A. Jaffer
    70 Baronial Court
    West Hill, Ontario M1C 3J7
    Tel: (416) 283-7468
    Fax: (416) 724-8001
    Beverly Lannon
    Capital Insurance Brokers Ltd.
    715 Hewitson St., Ste. 1000
    Thunder Bay, Ontario P7B 6B5
    Tel: (807) 626-1770
    Fax: (807) 626-9624
     
    Michael A. Teixeira
    Axion Insurance Services Inc.
    95 Mural St., Ste. 104
    Richmond Hill, Ontario L4B 3G2
    Tel: (905) 731-3118
    Fax: (905) 731-4446
    e-mail: mteixeira@axioninsurance.ca

    Member Assistance Directory

    RIBO Office: (416) 365-1900 or 1-800-265-3097 Fax: (416) 365-7664
    P.O. Box 45, 401 Bay Street, Suite 1200, Simpson Tower, Toronto, ON M5H 2Y4

    Receptionist - Madeline Ross
    General Manager - Jeff Bear (
    jeff@ribo.com)
    Secretary - Lise Clements (lise@ribo.com)

    ADMINISTRATION & FINANCE
    Manager - George Martin (george@ribo.com)
    Accounting & Data Supervisor - Mary Yan (mary@ribo.com)
    Registration/Data Entry - Valrie Bailey (valrie@ribo.com), Irene Chung (irene@ribo.com), Erica Lo (erica@ribo.com), Karla Poirier (karla@ribo.com)

    COMPLAINTS & INVESTIGATIONS
    Manager - Tim Goff (tim@ribo.com)
    Complaints Officer - Sharon Bentley (sharon@ribo.com)
    Senior Investigators - Nadine Austin (nadine@ribo.com), Crystal Skyvington (crystal@ribo.com)
    Secretary - Angela Daley (angela@ribo.com)
    Co-ordinator - Diana Campoli (diana@ribo.com)
    Financial Investigators - Michael Buck (michael@ribo.com),
    Winston Koo (winston@ribo.com)

    CORPORATION LEGAL SERVICES
    In-house Legal Counsel - Bradley Nairn (bradley@ribo.com)
    Secretary - Angela Daley (angela@ribo.com)

    MARKETING & COMMUNICATIONS
    Communications Co-ordinator - Susan MacKenzie (susan@ribo.com)

    QUALIFICATION & REGISTRATION
    Manager - Lilian Croucher (lilian@ribo.com)
    Assistant - Vivian Lee (vivian@ribo.com)
    Secretary - Sonia Lyew (sonia@ribo.com)
    Clerk - Laurie Reynolds (laurie@ribo.com)