Terms & Conditions
The term “Premier” means, collectively, Premier Canada Assurance Managers Ltd. and any of its related, affiliated and subsidiary corporations, including (without limitation) Premier Marine Insurance Managers Group (WEST) Inc., Oceanic Underwriters Ltd., Premier Marine Insurance Managers Group (USA) Inc. and Hartland Survey Group Inc.
Premier reserves the right, in its sole discretion, to modify these terms and conditions at any time without notice to you, and your continuing use of this website following such modifications shall indicate your acceptance of such modifications. You should periodically revisit this page in order to review the latest version of these terms and conditions.
The laws of the Province of Ontario and the laws of Canada applicable therein (without regard to conflict of law provisions) shall govern your use of this website, the materials and information provided on this website and these terms and conditions. Any legal action or proceeding relating to this website shall be governed exclusively by the courts of the Province of Ontario and all courts of appeal therefrom. If you access this website from a location outside of Canada, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of these terms and conditions are found by a court of competent jurisdiction to be invalid or void, then that provision shall be deemed to be severable from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions of these terms and conditions, which shall remain in full force and effect. Premier’s failure to enforce, or delay in enforcing, any of these terms and conditions shall not operate as a waiver of any of Premier’s rights or privileges under these terms and conditions. When it is appropriate, a word used in the masculine gender includes the feminine gender, and vice versa.
Premier does not warrant that this website will always be available or that it will meet your requirements, nor does it warrant that access will not be interrupted, or that there will be no delays, failures, errors or omissions, or loss of transmitted information. Premier assumes no liability for loss or damages (including direct, indirect, special, incidental, consequential or punitive damages) that may result from any of the foregoing.
These terms and conditions are of general application to this website, and are supplementary to any disclaimer, term or condition of specific application on a particular webpage provided on this website. In case of conflict, the specific disclaimers, terms and conditions shall govern over these terms and conditions.
Products and services of Premier are only offered in jurisdictions where they may be lawfully offered for sale. Not all products and services are available in your province or territory of residence. Discounts, coverage and eligibility vary by province and territory. All products and services are subject to the terms of the applicable agreements and laws that apply thereto. In case of any discrepancy between any such agreement and this website, the agreement will govern. The information on this website does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
The insurance coverage described in this website is underwritten by Premier or by third party insurance companies which have entered into agreements with Premier and is administered by Premier.
The material and information provided on this website is provided “as is” and without warranties of any kind, either express or implied. Premier disclaims all warranties, express or implied, with respect to this website, including, without limiting the generality of the foregoing, all warranties of merchantability and fitness for a particular purpose.
Without limiting the generality of the previous paragraph, Premier does not guarantee that the material and information provided on this website will be up-to-date, complete or accurate. Such material and information is subject to change without notice.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, services or other information provided on this website. The opinions, services and other information provided on this website do not constitute, and Premier is not rendering, legal, accounting or other professional advice, and Premier disclaims and does not assume any liability whatsoever with respect to such opinions, services or other information.
Premier disclaims all liability arising from the use of this website or the materials and information provided on this website by any user, including any losses, damages, lawsuits, claims or expenses a user may incur as a result of accessing or using this website or such materials or information. Further, and without limiting the generality of the foregoing, in no event shall Premier be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of the access or use of this website or the materials and information provided on this website, even if it has been advised of the possibility of such damages.
Copyright and Trademarks
Unless otherwise noted, the graphic images, buttons, layout and text contained in this website are protected by copyright and are the exclusive property of Premier, represent only part of the intellectual property of Premier, and may not be copied, redistributed, reproduced, republished, stored in any medium, re-transmitted, modified or made public for commercial use, in whole or in part, without the express written consent of Premier. Users of this website may copy any materials or information provided on this website and display and use such materials or information for their own personal use, but may not republish or reproduce such materials or information in any manner, including electronic reproduction by uploading or downloading for commercial or other uses, without the prior written consent of Premier. Where the copying or republication of materials or information provided on this website is permitted by these terms and conditions or by the written consent of Premier, an acknowledgment of the source must be included whenever such materials or information are copied or republished.
Certain names, words, titles, phrases, logos, icons, graphics or designs contained in this website may constitute trade names, registered or unregistered trademarks or service marks of Premier or third parties. Such trade names, trademarks and service marks are protected by applicable laws, and may not be used except with the prior written consent of Premier or the applicable third party. Any unauthorized downloading, re-transmission, or other copying or modification of trade names, trademarks and service marks found on this website may be a violation of statutory or common law rights which could subject the violator to legal action. The display of logos on pages of this website does not imply that a license of any kind has been granted to anyone else. Premier prohibits the use of its logos and registered names as hyperlinks to any other websites without written authorization. All rights reserved.
Premier does not guarantee that any hyperlink provided on this website will be accurate at the time of your access. Moreover, the website pointed at by a hyperlink provided on this website may be developed and maintained by persons over whom Premier has no control. Premier cannot and does not monitor third party websites, and, accordingly, Premier makes no representations or warranties regarding, and assumes no responsibility for, any websites pointed at by a hyperlink provided on this website or otherwise referenced on this website. The inclusion on this website of a hyperlink to a third party website is not an endorsement of, and does not constitute our approval of, the website to which the hyperlink points, the relevant third party, or its goods or services. Hyperlinks are provided on this website solely for your convenience. Accessing a website via a hyperlink provided on this website is entirely at your own risk.
Premier has the right, but not the obligation, to monitor any transmission made to or from this website. Premier is committed to respecting the privacy of your personal information. However, the internet is not a secure medium of communication and, accordingly, Premier cannot assure the privacy or security of any information that you input into this website or transmit to us over the internet via this website, via email or otherwise. Premier is not responsible for any damages that you or others may suffer as a result of the loss of confidentiality of any such personal information during its input into this website or its transmission to us, or in our communicating such personal information to you at your request.
Premier does not warrant that any information, software or other material accessible through this website is free of viruses, worms, trojan horses or other disruptive, destructive or harmful components.
Online Tools and Calculators
Any online tools and interactive calculators made available on this website are for informational purposes only. Although we believe such tools and calculators are accurate and complete, Premier makes no warranty, nor accepts any liability related to their use. While these tools and calculators may be useful to you, Premier does not intend, nor should you regard the results of your usage as financial, legal, tax or accounting advice, or advice regarding the suitability or profitability of any product or investment, or any decision in respect thereof. No reliance may be placed on us for any such advice and we encourage you to seek personalized advice from qualified professionals. Calculations or projected results are provided for illustration only and are not guaranteed to be accurate or complete, being based on hypotheses. Any default values are provided for illustrative purposes only and solely as a reference.
Premier Standard Terms of Trade for brokers
Premier hereby grants to Broker the authority to solicit and receive insurance applications as provided below. Premier may place such insurance policies, and perform necessary services in connection with such policies, subject to Broker’s compliance with the terms and conditions of this Agreement.
The parties agree as follows:
Independent Contractor. Broker will not be an employee or agent of or represent either the insurance carriers or Premier as an employee or agent. Broker’s relationship to Premier is that of an independent contractor.
No Binding Authority. This Agreement does not grant authority to Broker to bind any insurance carrier, Premier or any of its principals. Broker shall not quote, bind coverage, or issue, endorse or amend any policy obtained pursuant to this Agreement without express written authority from an authorized Premier representative. Brokers should review in detail binders or policies to ensure they have what they require – Brokers should not assume that if they requested something in an application, that the terms will match the request. Premier provides terms based on specific manuscript offerings not necessarily tailored to each bokers request. Coverage should never be confirmed to the public until a Premier issued document confirming same coverage is in the Broker’s hand.
PRESTO – on line portal Terms. The Broker may obtain quotations from Premier’s portal system. The Broker may also obtain policies of insurance via the premier online system, subject to the terms and conditions on any one account pursuant to the documentation and output provided by the Premier system. The Broker is not able to retroactive incept coverage in such system.
Compliance with Laws. Broker shall comply with all laws, rules and regulations within the jurisdictions in which it accepts insurance business submitted to Premier under this Agreement.
Licensing. Broker shall secure and maintain all licenses required by the jurisdictions in which it accepts insurance business submitted to Premier under this Agreement. Broker shall, upon request, supply Premier copies of current licenses in force at the time this Agreement is entered into. Broker shall forward to Premier the renewal of licenses, upon renewal of such licenses, as long as this Agreement is in force.
Payment of Premiums. Broker shall be responsible for and guarantees to Premier the payment of all premiums and other charges due with respect to such policies placed by Premier for the Broker, including audit premiums, less the amount of commission due to Broker pursuant to the terms of the individual quotation. Unless otherwise specified by Premier, all premium amounts owed by Broker to Premier shall be paid in accordance with the Credit Terms noted below. Any credit extended to any insured by Broker shall be at the sole risk and responsibility of Broker.
Premier sends out account statements on a monthly basis within a few days of close of the month. Payment is required back in Premier’s office by the 15th of the month following the effective date/transaction date, but the cheque can be post-dated to last banking day of that month. Please attach a copy of your monthly statement when you remit your payment. Payment must be based on Premiers generated statement, not the broker generated statement. Payments due are net of commissions. NOTE – commission is earned on premium amounts, not on the flat policy fees. If you feel the statement is incorrect, you will need to contact the Premier underwriter on the individual account for review, or contact accounting department to reconcile in advance of due date.
Commissions and Return Commissions. Broker shall be entitled to commissions as specified on an account by account basis. Broker shall refund to Premier unearned commissions at the same rate as the commissions that were paid to Broker on return premiums due from cancellations or premium reductions. In the event of such cancellation or premium reduction, Premier shall remit to Broker the unearned net premiums owed to insureds, and Broker shall reimburse the insured the unearned gross premiums due, including the amount of unearned commissions initially paid to Broker.
Cancellation Credit. Broker shall be entitled to credit for any insurance policy Cancellation after satisfactory proof of such cancellation has been received by Premier. No cancellation credit shall be allowed for any period during which coverage is effective under the terms of the applicable insurance policy or binder. No insurance policy may be returned to Premier by Broker for flat cancellation unless it is returned prior to the effective date of the policy. Notwithstanding the return of the original policy for cancellation, cancellation will not be effected until sufficient time has elapsed for proper notice to mortgagees, lien holders, loss payees, certificate holders, or other parties to whom such notice is required.
Notice of Expiration. Premier shall be under no obligation to give Broker advance notice of the expiration of any insurance policy which Broker procures through the facilities of Premier.
Indemnification. Broker shall indemnify and hold Premier harmless with respect to all claims, liabilities, costs and expenses including attorney fees, which Premier may become obligated to pay as a result of:
any act, error or omission of Broker in the connection with this Agreement or in the processing of
any business placed by Broker under this Agreement;
a. any action by Broker in violation of the terms of this Agreement;
b. any fines, penalties and related expenses as a result of Broker’s failure to secure and/or maintain appropriate licensing and/or appointments in the appropriate jurisdiction(s);
c. any fines, penalties and related expenses as a result of Broker’s failure to follow rules, regulations, and laws.
Broker’s obligations under this paragraph shall continue, irrespective of the termination of this Agreement.
Premier shall indemnify and hold Broker harmless with respect to all claims, liabilities, costs and expenses including attorney fees, which Premier may become obligated to pay as a result of:
a. any act, error or omission of Premier in the connection with this Agreement, except to the extent that the Broker caused the act, error or omission;
E&O Insurance Coverage. Broker shall obtain and maintain at its sole cost and expense the following insurance policy covering its activities in connection with this Agreement: Errors and Omissions Liability Insurance with not less than $1 million per claim policy limits with a $25,000 deductible or less. Broker shall immediately notify Premier of any Errors and Omissions policy cancellation, non-renewal, reduction in liability limits or change in insurer.
Loss Notification. The Broker shall promptly notify Premier of all losses.
Cooperation on Claims. Broker shall cooperate with Premier and any insurance carrier, to the extent requested by Premier, in connection with the investigation and adjustment of any claim arising under any insurance policy placed by Premier for Broker.
Inspection of Records. All records of Broker relating to any insurance policy placed by Premier for Broker shall be subject to inspection at any reasonable time by any designated representative by Premier.
Waiver of Breach. No waiver by either party of any breach of this Agreement by the other party shall be deemed to be a waiver of any subsequent breach of the same or of any other provision.
Governing Laws. This Agreement shall be governed by Canadian laws.