Insurance Act, 1989

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Number 3 of 1989


INSURANCE ACT, 1989


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Offences and penalties.

4.

Service of documents.

5.

Power to make regulations.

6.

Orders.

7.

Fees.

8.

Laying of orders and regulations before Houses of Oireachtas.

9.

Repeals.

10.

Expenses.

PART II

Supervision of Insurers

11.

Submission and publication of returns and documents by insurers.

12.

Regulations regarding reserves, liabilities, valuation of assets, reinsurance cessions and solvency certificates.

13.

Keeping of records by undertakings.

14.

Separation of assets and liabilities attributable to life assurance business.

15.

Application of assets of undertaking transacting life assurance business.

16.

General powers to require information.

17.

Investigations.

18.

Powers to intervene in cases of doubtful solvency.

19.

Prior notice and display of policy terms and premium rates.

20.

Qualifications of directors, managers and authorised agent.

21.

Revocation of authorisation where no business is being done.

22.

Reinsurance.

23.

Minimum share capital requirements.

24.

Power to attach conditions to authorisations.

25.

Industrial assurance business.

26.

Insurance of unnamed persons.

27.

Application of Act of 1978.

28.

Amendment of Friendly Societies Act, 1896.

29.

Application of exemptions in the 1976 and 1984 Regulations on life and non-life insurance.

30.

Winding up of insurers.

31.

Insurance Compensation Fund.

32.

Preferential payments of debts out of technical reserves of undertaking.

33.

Administrator's power of sale.

34.

Appointment, duty and qualifications of actuary.

35.

Duties of auditor.

36.

Powers of Court with respect to amalgamation or transfer of insurance business.

PART III

Payment of Commissions by Insurers

37.

Power of Minister to require reduction in commissions.

38.

Prohibition of certain commission payments.

39.

Revocation of authorisation.

40.

Restriction on advertising.

41.

Offences committed by intermediaries.

42.

Certain policies of life assurance voidable.

43.

Furnishing of information to the Minister.

PART IV

Regulation of Insurance Intermediaries

44.

Broker’s qualifications.

45.

Intermediaries' indemnity insurance.

46.

Insurance intermediaries appointment and commission payments.

47.

Insurance bond required by intermediary.

48.

Keeping of separate bank accounts.

49.

Insurance agents' qualifications.

50.

Register of insurance intermediaries.

51.

Provisions regarding scope of agency.

52.

Acceptance by intermediary of insurance proposals.

53.

Treatment of premiums paid to intermediaries.

54.

Restriction on intermediaries convicted of offence.

55.

Disqualification of certain persons from acting as intermediaries.

56.

Codes of conduct.

57.

Scope of Part IV.

PART V

Miscellaneous

58.

Appeal against suspension or revocation of authorisation.

59.

Appointment of authorised officers.

60.

Powers of authorised officers.

61.

Codes of conduct on duty of disclosure and warranties.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Increase of Penalties


Acts Referred to

Assurance Companies Act, 1909

1909, c. 49

Central Bank Act, 1971

1971, No. 24

Companies Act, 1963

1963, No. 33

Credit Union Act, 1966

1966, No. 19

Friendly Societies Act, 1896

1896, c. 25

Insurance Act, 1936

1936, No. 45

Insurance (Amendment) Act, 1938

1938, No. 31

Insurance Act, 1964

1964, No. 18

Insurance (Amendment) Act, 1978

1978, No. 30

Insurance (No. 2) Act, 1983

1983, No. 29

Life Assurance Act, 1774

14 Geo. 3, c. 48

Life Insurance (Ireland) Act, 1866

29 & 30 Vict. c. 42

Public Offices Fees Act, 1879

1879, c. 58

Transport (Tour Operators and Travel Agents) Act, 1982

1982, No. 3

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Number 3 of 1989


INSURANCE ACT, 1989


AN ACT TO AMEND AND EXTEND THE INSURANCE ACTS, 1909 TO 1985. [15th March, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: