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Breach Of Insurance

Breach of Insurance Every insured has a duty to deal with ICBC in good faith. If this duty of good faith is not met ICBC may have grounds to deny benefits that would otherwise be owing pursuant to a contract of insurance. This denial of benefits is commonly called a “breach of policy”. How is […]

ICBC Ordered to Pay $75,000 Punitive Damages for "Bad Faith" Breach of Insurance

I have previously detailed the potentially high financial consequences for civil breach of insurance.   One way a motorist can be in breach relates to intoxication.  If as a result of intoxication an individual is “incapable of proper control of the vehicle” then the motorist can be in breach of their insurance pursuant to Section 55(8)(a) of […]

Motorcycle Learner Licences, the Supervision Requirement and Breach of Insurance

Useful reasons for judgement were released this week by the BC Court of Appeal addressing the circumstances when a motorcycle learner will be held in breach of insurance for not being supervised by a qualified driver. In today’s case (Hagen v. ICBC) the Plaintiff had a valid 6L learner’s licence.  One requirement of a learner’s […]

ICBC Ordered to Pay "Double Costs" In Breach of Insurance Case; Timing and Finances of Parties Considered

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering ICBC to pay ‘double costs‘ after losing a breach of insurance claim. In today’s case (Barsaloux v. ICBC) the Plaintiff was the owner of a vehicle that was stolen and subsequently recovered.  It was damaged beyond repair.  The Plaintiff had insurance […]

ICBC Injury Claims, Breach of Insurance and the Health Care Costs Recovery Act

Further to my previous posts on the BC Health Care Costs Recovery Act (click here for background information) I recently received clarification from the Ministry of Health Services about their position regarding the HCCRA’s applicability to ICBC Injury Claims where the Defendant is insured with ICBC but in breach of their policy. After settling a recent […]

More on ICBC Injury Claims and Breach of Insurance

I’ve written many times about the potentially steep financial consequences of being in breach of an ICBC Policy when an injury claim is made. A frequent type of breach relates to misrepresenting who the principal operator of a vehicle is.   Reasons for judgement were released today demonstrating some of the consequences that occur when […]

More on ICBC Claims and Breach of Insurance

I’ve previously written about the significant financial consequences that can come with being in breach of your ICBC Insurance and reasons for judgement were released today by the BC Supreme Court, Penticton Registry, demonstrating the consequences of ‘breach’ in action. In today’s case (Booth v. ICBC) the Plaintiff was the registered owner of a Camaro. […]

ICBC Claims, Breach of Insurance and Costs

I’ve previously blogged about the financial consequences of being in breach of ICBC insurance. Today reasons for judgemenet were delivered showing some of these consequences in action. In 2002 the Plaintiff was involved in a car accident.  He was at fault for the accident.  He was in breach of his insurance at the time (he […]

Insurer Hit With $30,000 in Damages for “Mental Distress” For Wrongfully Denying Insurance Benefits

Reasons for judgement were published today by the BC Supreme Court, Chilliwack Registry, finding an insurance company in breach of contract and ordering them to pay, in addition to wrongfully withheld benefits, damages for “mental distress”. In today’s case (Gascoigne v. Desjardins Financial Security Life Assurance Company) the Plaintiff was insured with the Defendant.  She […]