Consensual Agreement and Undertaking Between The Complaints and Investigation Committee of The General Insurance Council of Saskatchewan (the Committee) and
Dalmeny Insurance Ltd. And Darrell Alan Reddekopp
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 Saskatchewan Insurance Act (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 Hail 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.
Dalmeny Insurance Ltd. (Dalmeny) acknowledges and agrees that: 1. It violated Council Bylaws when: A. Contrary to Bylaw 8, Section 2 (d) it: i. Made a material mis-statement in an application for licence or report to continue licence.
B. Contrary to Bylaw 8, Section 1 (a) it:
Consensual Agreement and Undertaking Page 2 i. Acted contrary to the best interests of the consumer or licencees or insurance companies by allowing an Unlicenced Salesperson to transact in insurance.
C. Contrary to Bylaw 8, section 2 (g) it violated provisions of the Act, the regulations or the bylaws when it:
i. Acted contrary to Section 418. When it appointed, permitted or authorized any person to do any of the things in respect of which a licence is required unless the person is the holder of a subsisting licence.
ii. Acted contrary to Section 444. When it compensated an unlicensed person for sales of insurance while they did not hold an active licence.
Darrell Alan Reddekopp (Reddekopp) acknowledges and agrees that: 2. Reddekopp violated Council Bylaws when: A. Contrary to Bylaw 8, Section 2, subsection (r) i. He failed to exercise reasonable and prudent oversight when acting in a supervisory capacity.
Dalmeny and Reddekopp acknowledge an agree that: 3. Their rights to appear before a Discipline Committee of Council have been explained to them and they fully understand their rights and/or obligations under Council Bylaw 10;
4. They waive their rights to appear before a Discipline Committee and undertake not to exercise any appeal rights they may have under Council Bylaw 10, Section 3 of the Act, as it relates to matters set out in this Consensual Agreement and Undertaking (Agreement).
5. This Agreement does not preclude Council from pursuing any other investigation against Dalmeny and/or Reddekopp for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
6. Dalmeny and Reddekopp have been advised by the Committee that it is in their interests to obtain independent legal advice before entering into this Agreement.
a. Dalmeny and Reddekopp have obtained such independent legal advice and are satisfied with the same, prior to executing this Agreement, or
b. Dalmeny and Reddekopp have willingly chosen not to obtain such advice prior to executing this Agreement.
7. Dalmeny and Reddekopp hereby affirm that they have read and understood the terms of this Agreement, and are signing it voluntarily and of their own free will.
Consensual Agreement and Undertaking Page 3 Dalmeny, having waived its rights, undertakes to: 1. Pay a fine in the amount of $2,100.00; and Reddekopp, having waived his rights, undertakes to: 1. Pay a fine in the amount of $250.00 Dalmeny & Reddekopp, jointly or severally agree to: 1. Reimburse Council s investigation costs in the amount of $660.00 2. Pay all fines and investigative costs within 30 days of receipt of this Agreement The Committee s Agreement: 1. The Committee agrees to accept from Dalmeny and Reddekopp the payment of $3,010.00 as full and final resolution of its violation of Council s Bylaws as outlined in this Agreement; and
2. The Committee further agrees to take no further action Dalmeny and Reddekopp for the acknowledged violations of Council s Bylaws that are set out in this Agreement.
Dated at Dalmeny, in the Province of Saskatchewan, this10th day of June 2016. Originally Signed by Darrell Alan Reddekopp for Dalmeny Insurance Ltd
Dated at Dalmeny in the Province of Saskatchewan, this 10th day of June 2016. Originally Signed by Darrell Alan Reddekopp
Dated at Moosomin, in the Province of Saskatchewan, this 16th day of June, 2016. Originally Signed by Darryl McKay, Chair, Complaints and Investigation Committee General Insurance Council of Saskatchewan