By-Laws and Code of Ethics - London Claims Association

By-Laws

Bylaws; as adopted by the OIAA Chapter London Claims Association, pursuant to OIAA Constitution Article 7

These by-laws are the laws governing the London Claims Association: A Chapter of the OIAA, otherwise known as the LCA. The geographical location of the LCA is much of Southwestern Ontario, including but not limited to the City of London, and surrounding areas. The LCA adopts the OIAA Constitution as written and will adhere to its guiding principles, ethics and not for profit status, with the exceptions listed in the by-laws below:

1. Membership:

a) OIAA members: as defined in the OIAA Constitution, located in the geographical area, are members of the LCA automatically, unless an alternate location is listed by the individual member.

b) The LCA is permitted to have ‘social members’. Social members shall be defined as non OIAA members who are employed in an industry with a connection to claims adjusting, but not members as defined by the OIAA constitution. Decision to accept or reject a social member rests with the Executive of the LCA. Social members will pay an annual membership fee of $40.00 to the LCA. Social members have no voting rights within the chapter, nor are they privy to financial information of the Chapter or the OIAA. Social members will adhere to the governing principles and code of ethics as written in the OIAA.

Constitution. A social member may be removed from the membership at any time and without justification by majority vote of the chapter Executive, and in such circumstances, the social member’s annual membership fee shall be reimbursed on a monthly pro-rata basis (i.e. if membership commenced in January and was revoked in September, $10.00 would be reimbursed).

c) Honorary lifetime members: The chapter executive may appoint any OIAA member as an Honorary Lifetime member of their chapter.

2. Executive: The chapter Executive shall consist of an elected President, Vice-President, Treasurer, Secretary, and 2 OIAA members as Directors. These must be active members as defined by Article 3 (a) in the OIAA Constitution. The chapter will elect an OIAA delegate who will represent the LCA on the OIAA Executive. The immediate Past-President shall also serve on the Executive, but this is not an elected position.

a) Elections shall be held every 2 years, typically in the month of April, but not later than June 30th of an election year. Nominations will be accepted by the sitting Secretary. Nominations may be accepted from the floor of the day of the election, with the exception of the Treasurer, who must have over 1 years’ experience on the chapter Executive. The member who captures the majority of eligible votes retains the position. Eligible voters are OIAA members who have designated the LCA as their chapter. OIAA members from other chapters may not vote in the LCA election. Voting shall be by secret ballot, and the presiding officer shall be the immediate Past President for the chapter, or in the alternative, a Past President of the chapter. The Past President shall cast the deciding vote in the event of a tie.

b) Social members are permitted to vote for social representatives only. In the event of a tie, the current President may cast the deciding vote. The social member representatives must maintain the confidence of the Executive, and can be removed from office with a ¾ majority vote of the Executive Officers.

3. Dissolution: The LCA Executive and 50% of the chapter designated OIAA members can vote to dissolve the chapter. If at the time of dissolution the intent is for current members of the chapter to simply remain members of the OIAA, then all funds from the chapter shall revert to the OIAA to be distributed to its remaining chapters for use of its members. However, if at the time of dissolution the intention is for current members of the chapter to join a new regional chapter, or amalgamate with an existing regional chapter, then all funds from the LCA shall be held by the OIAA until the new chapter is formed or its members have joined the existing regional chapter, before being distributed to the regional chapter for use by its members. No funds will be distributed to social members upon dissolution.

4. Discipline: All discipline matters pertaining to OIAA members must be referred to the Provincial Executive, for consultation. Any disciplinary matters involving social members shall be
investigated and resolved by the chapter Executive. A social member may be expelled or refused membership following a 3/4 majority vote of the current sitting Executive. A social member who is expelled from the local chapter for disciplinary reasons is not entitled to a refund for any membership fees paid.

5. Fiduciary responsibility: The chapter agrees that it must govern itself financially in the best interest of the OIAA and the Chapter. Each year it will file the appropriate taxes with the Canada
Revenue Agency. It will not contractually obligate the OIAA in any manner, for any reason without the express written permission of the OIAA.

Code of Ethics

The adjusters shall so act as to promote public confidence in insurance companies through fair and conscientious dealing. Shall refrain from any fraud, undue influence or other mischievous practice. The relationship of the adjuster to the Company is one of trust and confidence. This calls for the highest degree of good faith in all transactions.