CONSENSUAL AGREEMENT AND UNDERTAKING (“Agreement”)
Between
THE MARKET PRACTICES COMMITTEE (the “Committee”) of
THE GENERAL INSURANCE COUNCIL OF SASKATCHEWAN (“Council”)
And
CLAY PAGET GENERAL INSURANCE ADJUSTERS LTD. O/A MIDWEST CLAIMS SERVICES (the “Adjusting Firm”)
AS REPRESENTED BY Garrett Schous, Designated Representative (the “DR”)
The Adjusting Firm, through its DR, acknowledges and agrees that it received the Notice regarding a Proposed Action, pursuant to section 10-11 of The Insurance Act (the “Act”), and the reasons therefor from Council, dated August 21, 2023.
The DR acknowledges and agrees that the Adjusting Firm is guilty of misconduct and that it violated Council Bylaws as follows:
Bylaw 3-1 Licences and obligations (4) A licence imposes on the licensee, and if a business, the designated representative, obligations including but not limited to, the following: (c) to immediately notify GICS of: (v) any withdrawal of a licence recommendation;
Consensual Agreement and Undertaking Clay Paget General Insurance Adjusters Ltd. o/a Midwest Claims Services Garrett Schous, Designated Representative
Bylaw 4-1 Professional misconduct (1) For the purposes of the Act, the regulations and these bylaws, professional misconduct is a question of fact but includes any matter, conduct or thing, whether or not disgraceful or dishonorable that: (c) is a breach of the Act, the regulations or these bylaws.
The Adjusting Firm, through its DR acknowledges and agrees that: a. Its right to make a written submission to or appear before the Committee at an oral hearing to make representations as to why this action should not be taken has been explained and that it fully understands its rights and/or obligations.
b. It waives its right to make a written submission to the Committee or to appear before the Committee at an oral hearing and chooses to resolve this matter by way of this Agreement and accordingly waives any right of appeal with respect to this action.
c. This Agreement does not preclude the Council from pursuing any other investigation and/or sanctions against the Adjusting Firm for activities not identified in this Agreement that may be in violation of the Act, The Insurance Regulations or Council Bylaws.
d. It has been advised that it is in its best interest to obtain independent legal advice before entering into this Agreement. The Adjusting Firm has either:
a. obtained such independent legal advice prior to executing this Agreement; or b. has willingly chosen not to obtain such advice prior to executing this Agreement. e. The DR hereby affirms that he has read and understands the terms of this Agreement and is signing it voluntarily on behalf of the Adjusting Firm.
The DR, on behalf of the Adjusting Firm, having waived its rights, accepts and undertakes to fulfill the sanctions imposed by the Committee as follows:
a. Pay a penalty in the amount of $300.00.
b. Pay the costs of investigation in the amount of 4 hours x $110.00 per hour = $440.00
c. Pay the fine and costs of investigations (for a total of $740.00) within 30 days from the date of receipt of this Agreement.
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Consensual Agreement and Undertaking Clay Paget General Insurance Adjusters Ltd. o/a Midwest Claims Services Garrett Schous, Designated Representative
The Committee’s Agreement: Upon fulfillment of the sanctions imposed, the Committee agrees this will be the full and final resolution of the violations of The Insurance Regulations and Council’s Bylaws by the Adjusting Firm as outlined in this Agreement.
______O__r_ig__in__a_l_ly_ _s_i_g_n_e__d_ _b_y_:______________________________ ________A_u__g_u_s_t_ _3_0_,_ _2_0_2_3________________ Garrett Schous, Designated Representative Date Clay Paget General Insurance Adjusters Ltd. o/a Midwest Claims Services
_____O__r_ig__in_a__ll_y_ _s_ig__n_e_d__ b__y_ _L_a_u_r_e_e__n_ _M__a_j_o_r_ _fo__r_: ___________ _________S_e_p__t_e_m__b_e__r _6_,_ _2_0_2_3____________ THE MARKET PRACTICES COMMITTEE Date General Insurance Council of Saskatchewan
Penalties affecting insurance intermediary’s licence
Section 5-39(3) If a penalty imposed against a holder of an insurance intermediary’s licence pursuant to subsection (2) is not paid within 30 days after the holder is served with the written notice of the penalty and the decision of the Superintendent is not appealed, the licence is automatically suspended immediately following the last date for paying the penalty or appealing the decision, whichever is later, and remains suspended until the penalty is paid or the licence expires.
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