Consensual Agreement and Undertaking Between The Complaints and Investigation Committee of The Life Insurance Council of Saskatchewan (the Committee)
and Garrett Agencies Ltd. The Committee is authorized under Bylaw 7, Section 5, subsection 3, subparagraph (b), to enter into consensual resolutions of complaints.
Bylaw 5, Section 1, subsection 1 reads: The administrator shall, in addition to the requirements for the contents of a register required by the Act and the regulations, record on the register the existence and results of all disciplinary decisions or orders, court orders, alternative dispute resolution agreements, undertakings and mediation agreements involving a licensee or a person to whom the Life Insurance Council of Saskatchewan ("Council") has the authority to issue a licence. Disciplinary actions as described above are reported on the Insurance Councils of Saskatchewan website and the Canadian Insurance Regulators Disciplinary Actions (CIRDA) database.
Garrett Agencies Ltd. ( Garrett ) acknowledges and agrees that: 1. It violated Council Bylaws when: A. Contrary to Bylaw 8, Section 2 (g) a licencee may be guilty of misconduct if the licencee: violates any provision of the Act, the regulations or the bylaws
i. When contrary to Schedule A, Part II, Section 6, subsection (1) it failed to maintain a valid policy of errors and omissions insurance;
a) When on November 22, 2013 it allowed its errors and omissions insurance to lapse while the licence remained active,
b) E&O was not re-established until January 8, 2014,
Consensual Agreement and Undertaking Page 2 c) Garrett was without E&O coverage for 47 days; and ii. When contrary to Schedule A, Part II, Section 6, subsection (2) it failed to immediately notify Council of cancellation or non-renewal of his errors and omissions insurance.
2. Its rights to appear before a Discipline Committee of Council have been explained to it and it fully understands it s rights and/or obligations under Council Bylaw 10;
3. It waives its rights to appear before a Discipline Committee and undertakes not to exercise any appeal rights it may have under Council Bylaw 10, Section 3 or The Saskatchewan Insurance Act, (the Act) as it relates to matters set out in this Consensual Agreement and Undertaking (Agreement).
4. This Agreement does not preclude the Life Council from pursuing any other investigation against Garrett for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. It has been advised by the Committee that it is in its interests to obtain independent legal advice before entering into this Agreement.
a. Garrett has obtained such independent legal advice and is satisfied with the same, prior to executing this Agreement, or
b. Garrett has willingly chosen not to obtain such advice prior to executing this Agreement.
6. Garrett hereby affirms that it has read and understood the terms of this Agreement, and is signing it voluntarily and of its own free will.
Garrett, having waived it s rights, undertakes to: 1. Pay a fine in the amount of $565.00; and 2. Reimburse Council s investigation costs in the amount of $330.00. 3. Garrett will pay all fines and investigative costs within 30 days of receipt of this Agreement.
4. Garrett will ensure E&O insurance is in place while Garrett continues to hold an insurance licence.
The Committee s Agreement: 1. The Committee agrees to accept from Garrett the payment of $895.00 as full and final resolution of his violation of Council s Bylaws as outlined in this Agreement; and
Consensual Agreement and Undertaking Page 3 2. The Committee further agrees to take no further action against Garrett for the acknowledged violations of Council s Bylaws that are set out in this Agreement.
Dated at Calgary, in the Province of Alberta, this day of August, 2015. Originally signed by Jack Garrett for Garrett Agencies Ltd.
Dated at Regina, in the Province of Saskatchewan, this 18th day of August, 2015 Originally signed by Ian Colborne, Chair, Complaints and Investigation Committee Life Insurance Council of Saskatchewan