ICBC UMP Claims and Trial Disbursements
An Arbitration determination was recently released addressing the jurisdiction of an UMP Arbitrator to award disbursements for expenses for items initially used in a tort trial then subsequently used in an UMP Arbitration. In short Arbitrator Camp held that there is jurisdiction for recovery of such costs provided they were reasonably incurred.
In the recent case (Undisclosed v. ICBC) the claimants were awarded damages in a Washington State trial. The Defendant was underinsured. When the Claimants applied to ICBC for payment they needed to re-try the value of their cases pursuant to BC law. Although their damages were assessed at a far lesser value than they were in the Washington State trial, they nonetheless were successful in proving their damage claims. The Claimants relied on much of the same evidence in the ICBC UMP hearing as they did in the initial trial.
Following arbitration the Claimants applied for an order that ICBC pay for their disbursements incurred in proving their damages claim. ICBC opposed arguing that the arbitrator “has no jurisdiction to award costs that would include legal fees ad disbursements in the Washington State action“. While arbitrator Camp agreed “with this bald assertion” he went on to find that he could award disbursements even for items initially used in the Washington State trial. In so concluding Arbitrator Camp provided the following reasons:
19. Dealing first with the issue of the nature of costs that I can properly award, I find that as a result of section 148.2(2) and section 148.2(3) of the Regulation, I am constrained to only awarding party and party costs and I am not permitted to award actual reasonable legal fees as specified in section 11(2)(a) of the Commercial Arbitration Act. The parties agreed that the jurisprudence stemming from the Rules pertaining to costs (now Rule 14) ought to be applied mutatis mutandus to the UMP arbitration process…
31. …An UMP arbitrator has a broad discretion to award party and party costs including reasonable disbursements that are utilized in the subject UMP arbitration process. This is the approach I adopt for the reasons that follow. The reasonable disbursements that I find are recoverable in these UMP proceedings find their genesis in the MVA which eventually gave rise to these arbitration proceedings. Yes many of these reasonable disbursements were used in the Washington State trial but they were also necessary and used in these UMP arbitration proceedings. There is no risk that there is any chance for double recovery of these disbursements by these claimants and I reiterate they are subject to the test of reasonableness.
32. Finally, Mr. Mersey made the argument that any award of party and party costs and reasonable disbursements are governed by Washington State law which, as noted above, severely restrains recoverable costs and disbursements relative to the law of British Columbia. I disagree. In my view there is no connection between entitlement of UMP claimants to party and party costs and reasonable disbursements pursuant to the British Columbia provisions of the Regulation and the Commercial Arbitration Act and the Rules of Procedure for Domestic Commercial Arbitration, and the provisions of Washington State law which severely restrains recoverable costs and disbursements. I am bound to adhere to the former.
Arbitrator Camp, bc injury law, section 148 Insurance Vehicle Regulation, section 148.2 insurance (Vehicle) Regulation, Section 148.2(2) Insurance (Vehicle) Regulation, Section 148.2(3) Insurance Vehicle Regulation, Unidsclosed v. ICBC
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What is the Penis Enlargement Bible?
Owing to the copyrights issues I won’t go into the exact details of this system. Nevertheless, I will tell you that the Penis Enlargement Bible e-book has been well-organized into segments and seven chapters.
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The phase of this Penis Enlargement Bible includes a table of benchmark which contributes to other resources associated with the topic of natural penile enhancement.
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You don’t have to take risks that are any unnecessary?
Among the best things about this manual is that it does not actually put you at risk. Some guys are so desperate to find a larger penis that they’ll take drugs or utilize surgeries to get effects. If you use this manual, there’s no requirement for any of that.
Approaches are based on fact rather than theory
The thing is that the Penis Enlargement Bible isn’t just a bunch of theory. It has been purchased and used by lots of men with a very large satisfaction rate. This means men have to be receiving outcomes in using it they would not be using it.
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Aspects to using the Penis Enlargement Bible
Outcomes will vary from man to man
Even though this manual can be used by you in order to grow the size of your penis, some men are going to have success with it. Dedication is required, but it is no guarantee you’ll get for.
My results with Penis Enlargement Bible?
For the amount of time I’ve been performing these exercises, I think my results are nothing phenomenal to be fair. I’ve been doing these exercises for about 6.5 months now. But I am pleased with my results to say the very least. I guess I am not super impressed because I had high expectations, but as the months went by, I heard that it takes some time and it’s definitely no “walk in the park”.
Have a look at the graph below. .
Average Penis Size Chart — Penis Length (Erect)
Before I started these exercises I had been apart of this very small percentage (Here 4.00 inches) that you see on the graph above. Fast forward 6.5 months afterwards and I’m now at 7 when vertical and about 5.20 non-erect. As I had been advised from the members area, I spent about 5-10 minutes performing these exercises every day and took breaks.
It was definitely difficult to stay with the program initially. I just thought all these weird “exercises” I was doing was stupid. I thought to myself “how the hell is doing this going to make my penis any larger?” . I guess that is the mindset that people have when they first begin the program. So lots of them stop after a week of doing it.
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If you are serious about increasing your manhood download Penis Enlargement Bible. The fantastic thing about this program is that it’s 100% organic which mean you don’t have to relay on pumps, pills and extenders that have side effects. It’s lot cheaper than ‘magic solution’ and more importantly your investment in this program is 100% secure with 60 days money-back guarantee. If you are feeling it is not working for any reason simply send email and he gladly refund you money without asking any question. Seriously, with money back guarantee you’ve got nothing to lose inches to gain.
The PE BIBLE is deisnged in PDF format, and you can download in your PC, laptop, Tablet or Mobile Phone. PE BIBLE is your best alternative for you, if you would like to improve the girth and length of penis safely and naturally at home. Build your confidence and get back your manhood . Giving surprises. No concerns about the size! Let us enjoy your actual life now.
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