Consensual Agreement and Undertaking Between Marcy Dawn Vizina And The Complaints and Investigation Committee of The General Insurance Council of Saskatchewan (The Committee)
The Committee is authorized under Bylaw 7, Section 5, subsection 3, subparagraph (b), to enter into consensual resolutions of complaints.
Council is required under Bylaw 5, Section 1, subsection 1 to record on the register the existence of all disciplinary decisions or orders, court orders of suspension, alternative dispute resolution agreements, undertaking and mediation agreements in accordance with council policy. Disciplinary actions as described above must be reported in the Bulletin published by the Insurance Councils of Saskatchewan.
Marcy Dawn Vizina (Vizina) acknowledges and agrees that: 1. Contrary to Bylaw 8, Section 1, (a) and (b) of The General Insurance Council of Saskatchewan (Council) Vizina did engage in conduct that was contrary to the best interests of the consumer and licensees when:
a. She did, in an email dated August 6, 2009, recommend to several persons whom she considered to be friends that they cancel their insurance with her former employer; and
b. She did, in the same email, allege that a licensee knew nothing about insurance. 2. That her rights to appear before a Discipline Committee of Council have been explained to her and she fully understand her rights and/or obligations under Bylaw 10;
3. To waive her rights to appear before a Discipline Committee and undertakes not to exercise any appeal rights she may have under Council Bylaw 10, Section 3 or The Saskatchewan Insurance Act, as it relates to matters set out in this agreement and undertaking.
4. She has been advised by The Committee that it is in her interests to obtain independent legal advice before entering into this consensual agreement and undertaking.
Vizina having waived her rights agrees and undertakes: 1. To not engage in any further communications that may injure the reputation of another licensee or cause a consumer to take action that may not be in their best interest; and
2. To reimburse Council’s investigation costs in the amount of $220.00 prior to the reinstatement of her insurance licence that is currently suspended.
The Committee’s Agreement 1. The Committee agrees to accept payment of $220.00 for the costs of investigation and Vizina’s undertakings as full and final resolution of the complaint against her.
2. The Committee further agrees to take no further action against Vizina for the acknowledged violations of Council’s Bylaws that are set out in this agreement.
Dated at Regina, in the Province of Saskatchewan, this 28 day of August 2009. _____”Marcy Vizina”__________________________________________________ Marcy Dawn Vizina
Dated at Saskatoon, in the Province of Saskatchewan, this 1 day of September 2009. ____”Bill Schwandt”_________________________________________________ Bill Schwandt, Chairman Complaints and Investigation Committee General Insurance Council of Saskatchewan